Senate Bill No. 183

(By Senator Manchin)

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[Introduced March 1, 1993; referred to the

Committee on Natural Resources; and then to the

Committee on the Judiciary.]

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A BILL to amend article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen, relating to authorizing the division of forestry to promulgate legislative rules relating to sediment control during commercial timber-harvesting operations - licensing.

Be it enacted by the Legislature of West Virginia:

That article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen, to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-3-16. Division of forestry.
The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, modified by the division of forestry to meet theobjections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of December, one thousand nine hundred ninety-two, relating to the division of forestry (sediment control during commercial timber-harvesting operations - licensing), are authorized with the amendment set forth below:
On page five, by striking out all of subsection 6.7 and inserting in lieu thereof a new subsection 6.7 to read as follows:
"6.7 Individuals severing trees for sale occasionally or routinely on their own property, where the gross income realized from the sale of the product, i.e., logs, props, posts, firewood, rails, etc., does not exceed fifty thousand dollars per annum, may obtain a waiver from licensing by applying to the division, on forms provided by the division."

NOTE: The purpose of this bill is to authorize the Division of Forestry to promulgate legislative rules relating to sediment control during commercial timber-harvesting operations - licensing.

This section is new; therefore, strike-throughs and underscoring have been omitted.