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Introduced Version Senate Bill 111 History

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Senate Bill No. 111

(By Senators Plymale and McCabe)

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[Introduced February 9, 2005; referred to the Committee

on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §7-1-3v of the Code of West Virginia, 1931, as amended, relating to county commissions generally; authorizing county commissions to identify floodplain areas to protect health, safety and welfare; and permitting county commissions to establish a floodplain enforcement agency to enforce building codes necessary to comply with the requirements of the National Flood Insurance Act.

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:
(1) 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
(2) Municipalities presently are vested with all statutory power and authority necessary in this regard; and that the
(3) The purpose of this section is to authorize and empower the several counties of this State to comply with such the 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 the act as a flood plain or mudslide area or areas and flood plain area or areas identified by the county commission within which control over construction, development and improvements must be exercised in order to comply with such act to protect health, safety and welfare.
(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 the act, the county commission of each county is hereby authorized and empowered to may:
(i) (1) 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;
(ii) (2) Require and issue building permits for all proposed construction, development or other improvements in such the 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
(3) Exceed the requirements of the act if the county determines higher standards are necessary for the protection of life, safety and property;
(iii) (4) Conduct inspections of construction, development and other improvements in a specified area or areas within such the county; and
(iv) otherwise (5) Take such other action and impose such other requirements regarding land use and control measures in a specified area or areas within such the county as shall be is necessary under such the act: Provided, That no such a county commission may not refuse to issue a permit for any proposed construction, development or other improvement outside of a specified area or areas within the county and no building code adopted by a county commission shall may apply within nor any authority hereinabove granted to a county commission may be exercised by a county commission within the corporate limits of any municipality which has taken appropriate action to comply with such the act, unless and until such the municipality so provides by ordinance fails to provide adequate flood plain regulation by municipal ordinance to comply with the act.
(d) 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) of this section may be enforced by injunctive action in the circuit court of the county.
(e) A county commission may establish an enforcement agency to assure that any new construction, development or other improvement is properly permitted. The agency shall consist of the following:
(1) The president of the county commission or his or her designee;
(2) The county assessor or his or her designee;
(3) The director of the county office of emergency services;
(4) The county surveyor or county engineer or other technically qualified county employee;
(5) The prosecuting attorney or an assistant prosecuting attorney for the county who serves as an ex officio member of the enforcement agency and the county officer charged with processing injunctive actions; and
(6) The county sheriff who serves as an ex officio member of the enforcement agency and the county officer charged with enforcing the orders of the county commission under this section.
(d) (f) 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 permit county commissions to create a flood plain enforcement agency to enforce building codes within the county including county commission identified flood plain areas as may be necessary to comply with the requirements of the National Flood Insurance Act and for the protection of life, safety and property.

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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