H. B. 2818
(By Delegates Doyle, Tabb and Manuel)
[Introduced January 31, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend article twenty-four, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-nine-a, relating to authorizing the county commissions
of growth counties to include private market methods such as
the transfer of development rights to encourage the
preservation.
Be it enacted by the Legislature of West Virginia:
That article twenty-four, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-nine-a, to read as follows:
ARTICLE 24. PLANNING AND ZONING.
PART VIII. URBAN AND RURAL ZONING -- ZONING GENERALLY.
§8-24-39a. Growth counties authorized to establish transferable
development rights program.
(a) A county commission of a county meeting the population
qualifications to be designated a growth county may, as a part of
a zoning ordinance, include private market methods such as the
transfer of development rights to:
(1) Encourage the preservation of natural resources; and
(2) Facilitate orderly growth and development in the county.
(b) For purposes of this section, the term "growth county" has
the same meaning ascribed to that term in section three, article
twenty, chapter seven of this code.
NOTE: The purpose of this bill is to authorize the county
commissions of growth counties to include the transfer of
development rights as part of a zoning ordinance.
This section is new; therefore, strike-throughs and
underscoring have been omitted.