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Introduced Version House Bill 2356 History

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WEST virginia Legislature

2017 regular session

Introduced

House Bill 2356

By Delegate Pyles

[Introduced February 13, 2017; Referred
to the Committee on Political Subdivisions then Government Organization.]

A BILL to amend and reenact §8-26A-3 of the Code of West Virginia, 1931, as amended, relating to the approval of the Historic Landmarks Commission for certain municipal planning commission projects within a historic district designated by listing on the National Register of Historic Places.

Be it enacted by the Legislature of West Virginia:


That §8-26A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 26A. MUNICIPAL AND COUNTY HISTORIC LANDMARKS COMMISSIONS.


§8-26A-3. Legislative intent; conflict between regulations of zoning district and historic district and properties.

(a) The historic district and property regulation provided in this article is intended to identify, study, preserve and protect historic buildings and structures, sites and districts, some of which are located in zoning districts. Historic properties and districts lying within the boundaries of a zoning district are subject to the regulations for both the zoning district and historic district and properties. If there is a conflict between the requirements of the zoning district and the requirements of the historic district or property, the zoning district requirements apply.


(b) Notwithstanding subsection (a) of this section, when a municipal planning commission proposes demolition or construction projects within a historic district designated by listing on the National Register of Historic Places or a project affecting individual properties listed, it must secure the approval of the historic landmarks commission, if one exists.

 

NOTE: The purpose of this bill is to require the approval of the Historic Landmarks Commission for certain Municipal Planning Commission projects within a historic district designated by listing on the National Register of Historic Places.

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

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