Senate Bill No. 340

(By Senators Bowman, Bailey, Rowe and Kessler)

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[Introduced January 24, 2003; referred to the Committee on Government Organization.]

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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 commission authority to restrict building in designated floodplain or mudslide areas.

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. Floodplain 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 floodplain or mudslide area, areas identified by the county commission as having a flood hazard, or areas within which control over construction and improvements must be exercised in order to comply with such act protect the public health, safety and welfare.
(c) To the extent and only to the extent necessary to comply with or exceed 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; (ii) require and issue building permits for all proposed construction development or other improvements in such the county: Provided, That nothing contained in this subdivision (ii) shall authorize a county commission to may not 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 necessary under such that act: Provided, That no such building code adopted by a county commission shall may apply within nor any authority hereinabove granted may be 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 fails to provides provide adequate floodplain protection by municipal ordinance to comply with the act. 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 permit county commissions to impose building restrictions in certain designated floodplain or mudslide areas which are more stringent that the federally mandated minimum standards, in order to obtain lower federal flood insurance rates.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill is recommended for passage during the 2003 regular session by the Joint Standing Committee on Government Organization.