Senate Bill No. 71
(By Senators Ross, Helmick, Plymale, Sharpe, Dugan, Minear, Love,
Schoonover, Scott, Dittmar, Anderson, Sprouse and Fanning)
[Originating in the Committee on the Judiciary;
reported March 4, 1998.]
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; and promulgation of
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, the United
States fish and wildlife service and the United States army corps
of engineers to develop stream management plans in accordance
with the regional permits authorized by the United States corps
of engineers for landowners to conduct stream restoration and
management. The United States corps of engineers will confirm
that the plan satisfies the terms and requirements of a regional
permit. Upon notice by the corps that the plan satisfies the
regional permit requirements, no further action is required under
Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the federal Water Pollution Control Act, known as the Clean
Water Act, 33 U.S.C. §1251 et seq., as amended.
conservation agency, the division of natural resources and the
division of environmental protection shall be authorized to
jointly file emergency rules and may propose for legislative
promulgation rules setting forth procedures for establishing
stream restoration and management plans.
(NOTE: The purpose of this bill is to allow landowners,
state and federal agencies to develop individual restoration and
management plans to remedy small stream flooding.
§19-21A-4a is new; therefore, strike-throughs and
underscoring have been omitted.)