Senate Bill No. 512

(By Senators Rowe and Hunter)

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[Introduced February 13, 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 authority of county commissions to create a floodplain enforcement agency.

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 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 the act as a floodplain or mudslide area or areas within which control over construction and improvements must be exercised in order to comply with such the act.
(c) To the extent and only to the extent necessary to comply with the eligibility requirements of and otherwise fully and in all respects to comply with the requirements of such the act, the county commission of each county is hereby authorized and empowered to: (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 or other improvements in such the county: Provided, That nothing contained in this subdivision (ii) shall authorize authorizes a county commission to 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 the act: Provided, That no such building code adopted by a county commission shall may apply within nor any authority hereinabove granted exercised by a county commission within the corporate limits of any municipality which has taken appropriate action to comply with such the act, unless and until such the municipality so provides by ordinance. 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.
(e) The county commission, in formally adopting a floodplain ordinance shall designate an enforcement agency which shall consist of the following:
(1) The county assessor (or other technically qualified county employee) shall determine whether proposed development will occur in a specified area by using information collected in accordance with the provisions of this section, section three-a, article three, chapter eleven of this code and section three-p of this article;
(2) The president of the county commission, the president of the planning commission or the county administrator, or his or her designee, is to be appointed county floodplain manager, and guide all development determined to be within the specified area in accordance with the ordinance requirements. The county floodplain manager must complete the training specific to floodplain management through the national flood insurance program within two months of appointment;
(3) The director of the county office of emergency services shall be responsible for providing information and assistance to the floodplain manager after a flooding event;
(4) The county surveyor or the county engineer, if one is employed by the commission, or other technically qualified county employee, shall provide field inspections of permitted development and technical assistance as requested by the floodplain manager;
(5) The prosecuting attorney shall serve as an ex officio member of the enforcement agency and shall be the county officer charged with processing injunctions;
(6) The county sheriff shall serve as an ex officio member of the enforcement agency and the county officer charged with enforcing the orders of the county commission under the provisions of this section; and
(7) the members of this agency, along with their staff, are jointly responsible for assuring that any new development observed has been properly permitted.



NOTE: The purpose of this bill is to authorize county commissions to create floodplain ordinance enforcement agencies comprised of local officials to ensure compliance with flood prevention restrictions.

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