COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 71
(By Senators Ross, Helmick, Plymale, Sharpe, Dugan, Minear, Love,
Schoonover, Scott, Dittmar, Anderson, Sprouse and Fanning)
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[Originating in the Committee on Natural Resources;
reported February 3, 1998]
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A BILL to amend article twenty-one-a, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section four-a, relating to the soil conservation agency;
landowner stream restoration and management plans; regional
permit process, terms and procedures; time limit; and
promulgation of emergency rules.
Be it enacted by the Legislature of West Virginia:
That article twenty-one-a, chapter nineteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section four-a, to read as follows:
ARTICLE 21A. SOIL CONSERVATION DISTRICTS.
§19-21A-4a. Landowner stream restoration and management plans.
The soil conservation agency shall have the additional power
and authority to coordinate with the division of natural
resources, division of environmental protection and the United
States army corps of engineers to develop terms and procedures
for a regional permit process for landowner stream restoration
and management plans. A landowner stream restoration and
management plan permit issued pursuant to such terms and
procedures shall authorize general stream restoration and
stewardship activities as specified in the respective individual
plan.
An application for a landowner stream restoration and
management plan permit shall be deemed granted if not denied
within thirty days of the date of application. The soil
conservation agency shall promulgate emergency rules pursuant to
chapter twenty-nine-a of this code to implement the provisions of
this section.