Senate Bill No. 154
(By Senators Rowe and Caldwell)
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[Introduced January 10, 2002; referred to the Committee
on Banking and Insurance.]
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A BILL to amend and reenact section three-v, article one,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to county
commissions making flood insurance available to property
owners.
Be it enacted by the Legislature of West Virginia:
That section three-v, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3v. Flood plain and mudslide area management; legislative
findings; power and authority; enforcement;
provisions cumulative.
(a) The Legislature hereby finds and declares that it is
imperative that municipalities and counties in this state be
fully authorized and empowered to take all action necessary to
comply with the requirements of the National Flood Insurance Act of 1968 (Public Law 91-152), as amended by the Congress of the
United States through the fifteenth day of February, one
thousand nine hundred seventy-five; that municipalities
presently are vested with all statutory power and authority
necessary in this regard; and that the purpose of this section
is to authorize and empower the several counties of this state
to comply with such these requirements.
(b) As used in this section:
(1) "Act" means the National Flood Insurance Act of 1968
(Public Law 91-152), as amended by the Congress of the United
States through the fifteenth day of February, one thousand nine
hundred seventy-five; and
(2) "Specified area or areas" means the area or areas
specified under such that act as a flood plain or mudslide area
or areas within which control over construction and improvements
must be exercised in order to comply with such that act.
(c) To the extent and only to the extent necessary to comply
with the eligibility requirements of and otherwise fully and in
all respects to comply with the requirements of such that act,
the county commission of each county is hereby authorized and
empowered to may: (i) Adopt, administer and enforce building
codes for a specified area or areas within such the county,
which building codes may establish different requirements for
different specified areas, such as setting different building
restrictions in different levels of a flood plain in order to
allow property owners to secure the lowest appropriate rate for federal flood insurance; (ii) require and issue building permits
for all proposed construction or other improvements in such the
county: Provided, That nothing contained in this subdivision
(ii) shall authorize authorizes a county commission to refuse to
issue a building permit for any proposed construction or other
improvement outside of a specified area or areas within such the
county; (iii) conduct inspections of construction and other
improvements in a specified area or areas within such the
county; and (iv) otherwise take such action and impose such
requirements regarding land use and control measures in a
specified area or areas within such the county as shall be is
necessary under such that act: Provided, however, That no such
building code adopted by a county commission shall may apply
within nor any authority herein above granted in this section
exercised by a county commission within the corporate limits of
any municipality which has taken appropriate action to comply
with such that act, unless and until such the municipality so
provides by ordinance. Any such building code adopted by a
county commission and any other requirements imposed by a county
commission under the provisions of this subsection (c) may be
enforced by injunctive action in the circuit court of the
county.
(d) The power and authority conferred upon county
commissions in this section is supplemental to and not in
derogation of any power and authority heretofore or hereafter
conferred by law upon county commissions.
NOTE: The purpose of this bill is to clarify that county
commissions may make affordable flood insurance available to
property owners by setting different building restrictions in
different levels of a flood plain.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.