ENROLLED
Senate Bill No. 701
(By
Senators Helmick, Ross, Mitchell, Bowman, Anderson, Plymale, Love,
Rowe and Deem)
[Passed March 8, 2002; in effect ninety days from passage.]
AN ACT 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-
one, relating to powers of the director of the division of
natural resources to preserve the historical integrity of
the town of Cass; and promulgating 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-one, to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-21. Legislative findings relating to the historical town
of Cass; powers of the director to preserve the integrity of
the town and to promulgate rules therefor.
(a) The Legislature finds:
(1) That preserving heritage is essential to promoting the
education, prosperity and general welfare of the people of this state;
(2) That the town of Cass, in Pocahontas County, 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) That 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 of West Virginia;
(4) That 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) That 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) That it is in the public policy and the public interest
of this state to engage in 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
and preservation of such heritage for the education and general welfare of the people of this state.
Accordingly, this section shall be broadly construed in
order to accomplish the purposes herein set forth.
(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 that
are of local, regional, statewide or
national historical or architectural
significance
;
(2) Mark buildings
, structures and sites with appropriately
designated markers with the consent of the property owners
;
(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 as
prescribed, withdraw any certificate of appropriateness
;
(6) Seek the advice and assistance of individuals, groups
and government entities that are conducting historical
preservation programs and coordinate the same insofar as
possible;
(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.