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Introduced Version House Bill 2363 History

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hb2363 intr
H. B. 2363


(By Delegates Spencer, Pino, Amores and Palumbo)
[Introduced February 15, 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 county commissions making flood insurance available to property owners.

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 these 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 that 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 that 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 that act, the county commission of each county is hereby authorized and empowered to may: (i) Adopt, administer and enforce building codes for a specified area or areas within such the county, which building codes may establish different requirements for different specified areas, such as setting different building restrictions in different levels of a flood plain in order to allow property owners to secure the lowest appropriate rate for federal flood insurance; (ii) require and issue building permits for all proposed construction or other improvements in such the county: Provided, That nothing contained in this subdivision (ii) shall authorize authorizes 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 the county; (iii) conduct inspections of construction and other improvements in a specified area or areas within such the 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 the county as shall be is necessary under such that act: Provided, however, That no such building code adopted by a county commission shall may apply within nor any authority herein above granted in this section exercised by a county commission within the corporate limits of any municipality which has taken appropriate action to comply with such that act, unless and until such the 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.

NOTE: The purpose of this bill is to clarify that county commissions may make affordable flood insurance available to property owners by setting different building restrictions in different levels of a flood plain.

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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