Senate Bill No. 181

(By Senator Caruth)

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[Introduced January 13, 2010; referred to the Committee on Economic Development; and then to the Committee on Government Organization.]

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A BILL to amend and reenact §8A-4-6 of the Code of West Virginia, 1931, as amended, relating to municipalities; effect of adopted subdivision and land development ordinances; and providing that this chapter does not authorize an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas.

Be it enacted by the Legislature of West Virginia:
That §8A-4-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.
§8A-4-6. Effect of adopted subdivision and land development ordinance.

After enactment of a subdivision and land development ordinance by the governing body, all subsequent subdivisions and land development must be done in accordance with the provisions of the subdivision and land development ordinance: Provided, That nothing in this chapter authorizes an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas.



NOTE: The purpose of this bill is to provide that Chapter 8A does not authorize an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas.

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