Senate Bill No. 10
(By Senator Ross, Fanning, Helmick, Mitchell, Sharpe, Deem,
Boley, Minear, Caldwell, Sprouse, Love, Kessler, Edgell, McCabe,
Unger, Plymale, Bowman, Minard, Anderson, Bailey, Redd and Rowe)
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[Introduced January 9, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section fifteen, article thirteen,
chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
allowing landowners to enter small streams and ditches for
the purpose of removing debris to prevent flooding without
criminal or civil liability.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article thirteen, chapter twenty-two
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 13. NATURAL STREAMS PRESERVATION ACT.
§22-13-15. Exceptions as to criminal liabilities.
(a) The criminal liabilities provided for in section
fourteen of this article may not be imposed for any violation
resulting from accident or caused by an act of God, war, strike,
riot or other catastrophe as to which negligence or willful
conduct on the part of such person was not the proximate cause.
(b) Notwithstanding any other provision of this code to the
contrary, landowners are authorized to enter small streams and
ditches for the purpose of removing debris to prevent the
flooding of their homes and property without incurring criminal
or civil liabilities.
NOTE: The purpose of this bill is to allow landowners to
enter small streams and ditches for the purpose of removing
debris to prevent flooding of their property.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.