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Introduced Version Senate Bill 116 History

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sb116 intr
Senate Bill No. 116

(By Senator Hunter)

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[Introduced February 9, 2005; referred to the Committee

on Natural Resources.]

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A BILL to amend and reenact §19-1B-6 of the Code of West Virginia, 1931, as amended, relating to timbering operations and notification of duration of these operations; and providing verification of notice to adjoining landowners by certified mail.

Be it enacted by the Legislature of West Virginia:

That §19-1B-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.

§19-1B-6. Notification of duration of timbering operations or harvesting of timber for sale; requirements thereof.

(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner designated by the director.
(1) All persons who conduct timbering operations or who harvest timber for sale, including those persons who are specifically exempted from the licensure requirements of section four of this article, shall provide to the director of the division notification of harvesting of timber, which shall include:
(A) The name and address of the harvester of timber;
(B) The name and addresses of the owner or owners of the property upon which the timber is located;
(C) The business tax number or social security number of the harvester of timber; and
(D) An acknowledgment that the harvester of timber will conduct the harvest according to best management practices.
(2) In addition to the requirements of subdivision (1) of this subsection, persons who are subject to the licensure requirements of section four of this article shall provide to the director of the division notification of timbering operations, which shall include, at a minimum, the following:
(A) The specific topographic location where the timbering operations are to be conducted;
(B) The approximate dates that the timbering operation will begin and end;
(C) The approximate acreage over which timbering operations are contemplated;
(D) The names and addresses of the owner or owners of the timber to be harvested and, if different, the names and addresses of the owner or owners of the property upon which the timber is located;
(E) A sketch map of the proposed logging operation, including haul roads, landings and stream crossings;
(F) A description of the sediment control practices to be used by the logger during the timber harvesting operation;
(G) An acknowledgment that the operator will conduct the operations in compliance with the provisions of this article and any applicable rules promulgated pursuant to this article;
(H) A certification satisfactory to the director that all permits required under state law have been obtained or applied for and that all pertinent requirements for obtaining any permit applied for, but not yet obtained, have been complied with; and
(I) The name or names of the person or persons who will be supervising the timbering operations at the site of the operations and his or her logger certification numbers; and
(J) Verification that notice of the filing of the registration has been sent to adjoining landowners by certified mail, return receipt requested. For purposes of this section, adjoining landowners are defined as those persons recognized on county tax rolls as the designated recipient of annual property tax statements.
(b) The notification shall be made within at least three days of the beginning of the operation.
(c) Further notice shall be given if the operation is to be, for any reason, closed more than seven days before the estimated date for closing provided under paragraph (B), subdivision (2), subsection (a) of this section.


NOTE: The purpose of this bill is to require verification of notice to adjoining landowners of timbering operations and notification of duration of these operations by certified mail.

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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