H. B. 4557
(By Delegates Yeager, Riggs, Proudfoot,
Fox and Poling)
[Introduced
February 20, 2002
; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend article five, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twenty,
relating to powers of the director of the division of natural
resources to preserve the historical integrity of the Town of
Cass and promulgate rules therefor.
Be it enacted by the Legislature of West Virginia:
That article five, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty,
to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-20. Legislative findings relating to the historical town of Cass; powers of the director to preserve the
integrity of the town; rules.
(a) The Legislature finds that:
(1) That preserving heritage is essential to promoting the
education, prosperity, and general welfare of the people of this
state;
(2) The town of Cass, in Pocahontas County, West Virginia, is
one of the few remaining historical logging towns in the United
States, and has been recognized as such by the National Registry of
Historic Places;
(3) The town of Cass is richly endowed with numerous historic
buildings, structures and sites, both public and private, which are
representative of the historical and cultural heritage of the
state;
(4) Historic buildings, structures and sites in the town of
Cass should be identified, studied, preserved and protected for the
general welfare of the residents of this state and this nation;
(5) Preserving and protecting the historical buildings,
structures and sites in the Town of Cass will aid economic
development in Pocahontas County and surrounding areas, lead to the
improvement of property values, enhance this state's attraction of tourists and visitors, and contribute to education in this state by
preserving such heritage for future generations; and
(6) It is in the public policy and in the public interest of
this state to engage a comprehensive program of historic
preservation within the area designated as the town of Cass by the
national registry of historic places, and to promote the use of and
the preservation of such heritage for the education and general
welfare of the people of this state.
Accordingly, this section is broadly construed in order to
accomplish the purposes set forth herein.
(b) To carry out the purposes of this section within the
jurisdictional limits of the town of Cass as designated by the
national registry of historic places, the director may:
(1) Make a survey of buildings, structures and sites and
designate as historic landmarks those principal buildings,
structures and sites which are of local, regional, statewide or
national historical or architectural significance;
(2) With the consent of the property owners, mark buildings,
structures and sites with appropriately designated markers;
(3) Acquire by purchase, gift or lease and administer historic
landmarks, buildings, structures and sites;
(4) Review applications for certificates of appropriateness
and grant or deny the same in accordance with the provisions of
this section;
(5) Establish standards for the care and management of
designated historic landmarks, buildings, structures and sites and,
for failure of the owner to maintain the standards so prescribed,
withdraw any certificate of appropriateness;
(6) Seek the advise and assistance of the division of culture
and history, individuals, groups, and other government entities
that are conducting historical preservation programs and coordinate
the same;
(7) Seek and accept grants, gifts, bequests, endowments or
other funds to accomplish the purposes of this section; and
(8) Propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this code
for the protection of the historic integrity of the town of Cass
and to effectuate the purposes of this section with regard to the
use of lands both public and private within the town of Cass.
This section is new; therefore, strike-throughs and
underscoring have been omitted.