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Introduced Version House Bill 2093 History

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hb2093 intr
H. B. 2093


(By Delegate Spencer)

[Introduced February 9, 2005; referred to the

Committee on Political Subdivisions then Government Organization.]




A BILL to amend and reenact §7-1-3v of the code of West Virginia, 1931, as amended, relating to allowing counties adopting a flood plain ordinance to designate a flood plain enforcement agency.

Be it enacted by the Legislature of West Virginia:

That §7-1-3v of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3v. Flood plain and mudslide area management; legislative findings; power and authority; enforcement; provisions cumulative.

(a) The Legislature hereby finds and declares that it is imperative that municipalities and counties in this State be fully authorized and empowered to take all action necessary to comply with the requirements of the National Flood Insurance Act of 1968 (Public Law 91-152), as amended by the Congress of the United States through the fifteenth day of February, one thousand nine hundred seventy-five; that municipalities presently are vested with all statutory power and authority necessary in this regard; and that the purpose of this section is to authorize and empower the several counties of this State to comply with such requirements.
(b) As used in this section:
(1) "Act" means the National Flood Insurance Act of 1968 (Public Law 91-152), as amended by the Congress of the United States through the fifteenth day of February, one thousand nine hundred seventy-five; and
(2) "Specified area or areas" means the area or areas specified under such act as a flood plain or mudslide area or areas within which control over construction and improvements must be exercised in order to comply with such act.
(c) To the extent and only to the extent necessary to comply with the eligibility requirements of and otherwise fully and in all respects to comply with the requirements of such act, the county commission of each county is hereby authorized and empowered to: (i) Adopt, administer and enforce building codes for a specified area or areas within such county, which building codes may establish different requirements for different specified areas; (ii) require and issue building permits for all proposed construction or other improvements in such county: Provided, That nothing contained in this subdivision (ii) shall authorize a county commission to refuse to issue a building permit for any proposed construction or other improvement outside of a specified area or areas within such county; (iii) conduct inspections of construction and other improvements in a specified area or areas within such county and (iv) otherwise take such action and impose such requirements regarding land use and control measures in a specified area or areas within such county as shall be necessary under such act: Provided, howerve, That no such building code adopted by a county commission shall apply within nor any authority hereinabove granted exercised by a county commission within the corporate limits of any municipality which has taken appropriate action to comply with such act, unless and until such municipality so provides by ordinance. Any such building code adopted by a county commission and any other requirements imposed by a county commission under the provisions of this subsection (c) may be enforced by injunctive action in the circuit court of the county.
(d) The power and authority conferred upon county commissions in this section is supplemental to and not in derogation of any power and authority heretofore or hereafter conferred by law upon county commissions.
(e) The county commission may designate a flood plain enforcement agency which shall consist of the following:
(1) The county assessor or designee shall determine whether proposed development will occur in a specified area by using information collected in issuing building permits, information from notices required in section three-a, article three, chapter eleven of this code and section three-p of this article;
(2) The president of the county commission, the president of the planning commission or the county administrator, or his or her designee, as determined by the county commission shall serve as county flood plain manager and administer all development determined to be within the specified area in accordance with the ordinance requirements. The person determined to be the county flood plain manager shall complete the training recommended under the national flood insurance program within two months of selection;
(3) The director of the county office of emergency services shall be responsible for providing information and assistance to the flood plain manager after a flooding event;
(4) The county surveyor or the county engineer, shall provide field inspections of permitted development and technical assistance as requested by the flood plain manager;
(5) The prosecuting attorney shall serve as an
ex officio member of the enforcement agency and shall be responsible for seeking injunctive relief when appropriate; and
(6) The county sheriff shall serve as an
ex officio member of the enforcement agency and shall be responsible for enforcing the orders of the county commission under the provisions of this section.
It is the responsibility of the elected officials and the staff of the enforcement agency to ensure that any new development complies with the county flood plain ordinance.




NOTE: The purpose of this bill is to allow counties adopting a flood plain ordinance to designate a flood plain enforcement agency.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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