H. B. 4520
(By Delegates Poling and Manuel)
[Introduced February 18, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article one-b, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to timbering
operations and notification of duration of these operations;
and providing verification of notice to adjoining landowners
by certified mail.
Be it enacted by the Legislature of West Virginia:
That section six, article one-b, chapter nineteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING
OPERATIONS.
§19-1B-6. Notification of duration of timbering operations or harvesting of timber for sale; requirements thereof.
(a) In addition to any other requirement of this article, no
person may conduct timbering operations and no person may sever
trees for sale unless the person notifies the director of the
specific location on which the timbering operations or harvesting
of timber are to be conducted. The notification shall be made in
a manner designated by the director.
(1) The notification of harvesting of timber shall include:
(A) The name and address of the harvester of timber;
(B) The name and addresses of the owner or owners of the
property upon which the timber is located;
(C) The business tax number or social security number of the
harvester of timber; and
(D) An acknowledgment that the harvester of timber will
conduct the harvest according to best management practices.
(2) The notification of timbering operations shall include, at
a minimum, the following:
(A) The specific topographic location where the timbering
operations are to be conducted;
(B) The approximate dates that the timbering operation will
begin and end;
(C) The approximate acreage over which timbering operations
are contemplated;
(D) The names and addresses of the owner or owners of the
timber to be harvested and, if different, the names and addresses
of the owner or owners of the property upon which the timber is
located;
(E) A sketch map of the proposed logging operation, including
haul roads, landings and stream crossings;
(F) A description of the sediment control practices to be used
by the logger during the timber harvesting operation;
(G) An acknowledgment that the operator will conduct the
operations in compliance with the provisions of this article and
any applicable rules promulgated pursuant to this article;
(H) A certification satisfactory to the director that all
permits required under state law have been obtained or applied for
and that all pertinent requirements for obtaining any permit
applied for, but not yet obtained, have been complied with; and
(I) The name or names of the person or persons who will be
supervising the timbering operations at the site of the operations
and his or her logger certification numbers; and
(J) Verification that notice of the filing of the registration has been sent to adjoining landowners by certified mail, return
receipt requested. For purposes of this section, adjoining
landowners are defined as those persons recognized on county tax
rolls as the designated recipient of annual property tax
statements.
(b) The notification shall be made within at least three days
of the beginning of the operation.
(c) Further notice shall be given if the operation is to be,
for any reason, closed more than seven days before the estimated
date for closing provided under paragraph (B), subdivision (2),
subsection (a) of this section.
NOTE: The purpose of this bill is to require verification of
notice to adjoining landowners of timbering operations and
notification of duration of these operations by certified mail.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.