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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 21B  |  Section 7

1 - DEPARTMENT OF AGRICULTURE

1A - DIVISION OF FORESTRY

1B - SEDIMENT CONTROL DURING COMMER

1C - CARE OF LIVESTOCK

2 - MARKETING AGRICULTURAL PRODUCTS

2A - PUBLIC MARKETS

2B - INSPECTION OF MEAT AND POULTRY

2C - AUCTIONEERS

2D - IMITATION HONEY PRODUCT LAW

2E - HUMANE SLAUGHTER OF LIVESTOCK

2F - BEEF INDUSTRY SELF-IMPROVEMENT

2G - TREE FRUIT INDUSTRY SELF-IMPRO

3 - SALE OF FARM PRODUCTS BY COMMIS

4 - COOPERATIVE ASSOCIATIONS

5 - GRADING AND PACKING OF FRUITS A

5A - CONTROLLED ATMOSPHERE STORAGE

6 - DEMONSTRATION PACKINGHOUSES AND

7 - STATE AID FOR FAIRS

8 - COOPERATIVE EXTENSION WORKERS

9 - DISEASES AMONG DOMESTIC ANIMALS

9A - FEEDING OF UNTREATED GARBAGE T

10 - MALE BREEDING ANIMALS

10A - THE WEST VIRGINIA EGG MARKET

10B - LIVESTOCK DEALER'S LICENSING

11 - BULK MILK TRADE LAW

11A - DAIRY PRODUCTS AND IMITATION

11B - FROZEN DESSERTS AND IMITATIO

11C - SOUTHERN DAIRY COMPACT

11D - TRADITIONAL CHEESE PRODUCTIO

12 - INSECT PESTS, PLANT DISEASES

12A - LAND DIVISION

12B - INTERSTATE COMPACT ON PEST C

12C - INTERAGENCY COMMITTEE ON PES

12D - WEST VIRGINIA NOXIOUS WEED A

12E - INDUSTRIAL HEMP DEVELOPMENT

13 - INSPECTION AND PROTECTION OF

14 - WEST VIRGINIA COMMERCIAL FEED

15 - WEST VIRGINIA FERTILIZER LAW

15A - WEST VIRGINIA AGRICULTURAL L

16 - WEST VIRGINIA SEED LAW

16A - WEST VIRGINIA PESTICIDE CONT

16B - WEST VIRGINIA PESTICIDE USE

17 - FENCES

18 - GENERAL STOCK LAW

19 - PRESERVATION OF AGRICULTURAL

20 - DOGS AND CATS

20A - VACCINATION OF DOGS AND CATS

20B - SPAYING OR NEUTERING OF DOGS

20C - WEST VIRGINIA SPAY NEUTER AS

21 - DRAINAGE DISTRICTS

21A - CONSERVATION DISTRICTS

22 - VINEGARS

23 - HORSE AND DOG RACING

24 - INTERSTATE COMPACT ON LICENSU

25 - LIMITING LIABILITY OF LANDOWN

26 - GENERAL JOHN MCCAUSLAND MEMOR

27 - WEST VIRGINIA STATE FARM MUSE

28 - VITAMIN AND MINERAL ENRICHMEN

29 - PRODUCTION OF NONTRADITIONAL

30 - DONATED FOOD

31 - GUS R DOUGLASS AGRICULTURAL C

32 - AQUACULTURE DEVELOPMENT

33 - EQUINE RESCUE FACILITIES ACT

WVC 19 - CHAPTER 19. AGRICULTURE.
WVC 19 - 21 B- ARTICLE 21B. WATERSHED IMPROVEMENT DISTRICTS.

WVC 19 - 21 B- 1 §19-21B-1. Definitions.
The term "landowners" or "owners of land" as used in this article includes any person, firm or corporation, other than a public body corporate, who shall hold title to any lot or tract of land lying within a district organized or to be organized under the provisions of this article, whether or not such land lies within the corporate limits of any town or city.

WVC 19 - 21 B- 2 §19-21B-2. Establishment of watershed improvement districts.
Whenever within a soil conservation district or districts, soil conservation or the conservation, development, utilization, or disposal of water will be promoted by the construction of improvements for such purpose or purposes, a watershed improvement district may be established within such soil conservation district or districts in accordance with the provisions of this article.

WVC 19 - 21 B- 3 §19-21B-3. Petition for establishment.
Any twenty-five owners of land lying within the limits of a proposed watershed improvement district, or a majority of such owners if their number be less than fifty, or any municipality or county any part of which lies within the proposed watershed improvement district, may file a petition with the supervisors of the soil conservation district or districts in which the proposed watershed improvement district will be situated asking that a watershed improvement district be organized for the territory described in the petition. The petition shall set forth:

(1) The proposed name of the watershed improvement district;

(2) That there is need, in the interest of the public health, safety, or welfare, for a watershed improvement district for the territory described in the petition;

(3) A description of the territory proposed to be organized as a watershed improvement district, which description shall be deemed sufficient if generally accurate;

(4) That the territory described in the petition is contiguous and is in the same watershed;

(5) A request that the territory described in the petition be organized as a watershed improvement district.

Land lying within the limits of one watershed improvement district shall not be included in another watershed improvement district.

WVC 19 - 21 B- 4 §19-21B-4. Public hearing on petition; determination of need for district; defining boundaries.
Within thirty days after such petition has been filed with the supervisors of the soil conservation district or districts, they shall hold a public hearing or hearings upon the practicability and feasibility of creating the proposed watershed improvement district. All owners of land within the proposed watershed improvement district and all other interested parties shall have the right to attend such a hearing and be heard. The supervisors may prescribe such rules and regulations governing the conduct of such hearings as they deem to be necessary.

The supervisors shall thereafter determine whether there is need, in the interest of the public health, safety, or welfare, for the organization of the proposed watershed improvement district. They shall record such determination and shall define the boundaries of such watershed improvement district.

WVC 19 - 21 B- 5 §19-21B-5. Determination of whether operation of proposed district is feasible.
If the supervisors determine that need for the proposed watershed improvement district exists and after they define the boundaries of the proposed district, they shall consider the question of whether the operation of the proposed watershed improvement district is administratively practicable and feasible.

WVC 19 - 21 B- 6 §19-21B-6. Declaration of organization of district; certification.
If the supervisors shall determine that operation of the proposed watershed improvement district is administratively practicable and feasible, they shall so notify the state soil conservation committee which may declare the watershed improvement district to be duly organized and shall record such fact in its official minutes. Following such entry in its official minutes, the committee shall certify the fact of the organization of the watershed improvement district to the secretary of state, and shall furnish a copy of such certification for recordation to the clerk of the county court in each county in which any portion of the watershed improvement district is situated; and the watershed improvement district shall thereupon constitute a governmental division of this state and a public body corporate.

WVC 19 - 21 B- 7 §19-21B-7. Establishment of watershed improvement district situated in more than one soil conservation district.
If a proposed watershed improvement district will be situated in more than one soil conservation district, copies of the petition shall be presented to the supervisors of all the soil conservation districts in which any part of such proposed watershed improvement district will be situated, and the supervisors of all such soil conservation districts affected shall act jointly as a board of supervisors with respect to all matters concerning such watershed improvement district, including its organization. Such watershed improvement district shall be organized in like manner and shall have the same powers and duties as a watershed improvement district situated entirely in one soil conservation district.

WVC 19 - 21 B- 8 §19-21B-8. Inclusion of additional territory within existing district.
Petitions for including additional territory within an existing watershed improvement district may be filed with supervisors of the soil conservation district or districts in which the watershed improvement district is situated, and in such cases the provisions hereof with respect to petitions to organize a watershed improvement district shall be observed to the extent deemed practicable by such supervisors. No additional territory shall be included in an existing watershed improvement district without the approval of the state committee and certification of its inclusion to the officers indicated in section six of this article.

WVC 19 - 21 B- 9 §19-21B-9. Governing body of district; trustees.
The supervisors of the soil conservation district or districts in which the watershed improvement district is situated shall be the governing body of the watershed improvement district. They may appoint three trustees, who shall be owners of land within the watershed improvement district, to carry on the business of the watershed improvement district. The trustees so appointed shall exercise such administrative duties and powers as may be delegated to them by the governing body of the district, and they shall hold office at the will of that body. A trustee shall receive no compensation for his services but may be reimbursed from funds of the district for actual and necessary expenses incurred by him in the performance of his duties. The trustees shall designate a chairman and may, from time to time, change such designation. One of the trustees may be selected as treasurer and shall then be responsible for the safekeeping of all the funds of the watershed improvement district.

When a watershed improvement district lies in more than one soil conservation district, the supervisors of all such districts shall act jointly as the governing body of the watershed improvement district.

WVC 19 - 21 B- 10 §19-21B-10. Officers, agents and employees; surety bonds; annual audit.
The trustees may, with the approval of the governing body of the district, employ such officers, agents, and other employees as they may require and shall determine their qualifications, duties and compensation. The compensation of such persons shall be paid out of funds of said district. The governing body shall provide for the execution of surety bonds for the treasurer and such other trustees, officers, agents, and employees as shall be entrusted with funds or property of the watershed improvement district and shall provide for the making and publication of an annual audit of the accounts of receipts and disbursements of the watershed improvement district.

WVC 19 - 21 B- 11 §19-21B-11. Status and powers of district; powers of trustees.
A watershed improvement district organized under the provisions of this article shall constitute a governmental division of this state and a public body corporate, and such watershed improvement district shall have all of the powers of the soil conservation district or districts in which the watershed improvement district is situated. These powers are set forth in article twenty-one-a, chapter nineteen of the code, and any reference therein to a "soil conservation district" shall be deemed for the purposes of this article to include a "watershed improvement district." The trustees shall exercise only such of the powers of the watershed improvement district as the governing body of the district may designate from time to time.

WVC 19 - 21 B- 12 §19-21B-12. Powers granted to be additional to powers of soil conservation district.
The powers herein granted to watershed improvement districts shall be additional to the powers of the soil conservation district or districts in which the watershed improvement district is situated; and the soil conservation district or districts, and the supervisors thereof, are authorized, notwithstanding the creation of the watershed improvement district, to continue to exercise all of its powers within the watershed improvement district.

WVC 19 - 21 B- 13 §19-21B-13. Discontinuance of watershed improvement districts.
At any time after five years from the organization of a watershed improvement district, any twenty-five owners of land lying within the limits of the district, or a majority of such owners if their number be less than fifty, or any municipality or county any part of which lies within the district, may file a petition with the governing body of the district, praying that the existence of the district be discontinued. The petition shall state the reasons for discontinuance, and that all obligations of the district have been met.

The governing body of the district may conduct public hearings on the petition to assist it in making a determination.

If it is found that all the obligations of the district have been met, the governing body shall consider the question of whether soil conservation or the conservation development, utilization, or disposal of water will be promoted by the continuance of the district. If the governing body shall determine that none of these objectives will be promoted, it shall so notify the state soil conservation committee which may declare the district to be discontinued and shall record such fact in its official minutes. Following such entry in its official minutes, the committee shall certify the fact of the discontinuance to the secretary of state and shall furnish a copy of such certification for recordation to the clerk of the county court in each county in which any portion of the district is situated; and the district shall thereupon cease to exist.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§19 - 1 - 11 - (New Code)
SENATE BILL - 350
PASSED - Regular Session

SB350 ENR  (Uploaded - 03/25/2014)
Relating to Rural Rehabilitation Loan Program
§19 - 1 A- 3 B - (New Code)
SENATE BILL - 353
PASSED - Regular Session

SB353 SUB2 ENR  (Uploaded - 03/25/2014)
Relating to timber theft from state forests
§19 - 1 B- 12 - (Repealed Code)
§19 - 1 B- 12 A - (Amended Code)
SENATE BILL - 357
PASSED - Regular Session

sb357 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to Logging Sediment Control Act civil and criminal penalties
§19 - 21 A- 4 A - (New Code)
SENATE BILL - 365
PASSED - Regular Session

SB365 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to administration of Conservation Agency programs
§19 - 1 - 11 - (New Code)
SENATE BILL - 469
PASSED - Regular Session

SB469 SUB1 ENR  (Uploaded - 03/25/2014)
Creating Veterans and Warriors to Agriculture Program
§19 - 1 - 4 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB2 ENR  (Uploaded - 07/01/2014)
Providing for additional state veterans skilled nursing facility in Beckley
§19 - 1 A- 3 A - (Amended Code)
SENATE BILL - 535
PASSED - Regular Session

SB535 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying definition of "ginseng"
§19 - 20 D- 1 - (New Code)
§19 - 20 D- 2 - (New Code)
§19 - 20 D- 3 - (New Code)
HOUSE BILL - 2757
PASSED - Regular Session

HB2757 SUB ENR  (Uploaded - 03/25/2014)
Private cause of action for the humane destruction of a dog
§19 - 12 E- 5 - (Amended Code)
§19 - 12 E- 9 - (Amended Code)
HOUSE BILL - 3011
PASSED - Regular Session

HB3011 SUB ENR  (Uploaded - 03/25/2014)
Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed
§19 - 34 - 1 - (New Code)
§19 - 34 - 2 - (New Code)
§19 - 34 - 3 - (New Code)
§19 - 34 - 4 - (New Code)
§19 - 34 - 5 - (New Code)
§19 - 34 - 6 - (New Code)
§19 - 34 - 7 - (New Code)
§19 - 34 - 8 - (New Code)
§19 - 34 - 9 - (New Code)
HOUSE BILL - 4393
PASSED - Regular Session

HB4393 SUB ENR  (Uploaded - 03/25/2014)
Creating the Dangerous Wild Animals Act
§19 - 2 C- 1 - (Amended Code)
§19 - 2 C- 3 - (Amended Code)
§19 - 2 C- 3 A - (New Code)
§19 - 2 C- 3 B - (New Code)
§19 - 2 C- 5 - (Amended Code)
§19 - 2 C- 5 A - (Amended Code)
§19 - 2 C- 6 - (Amended Code)
§19 - 2 C- 6 B - (Amended Code)
§19 - 2 C- 8 - (Amended Code)
§19 - 2 C- 9 - (Amended Code)
§19 - 2 C- 9 A - (New Code)
HOUSE BILL - 4410
PASSED - Regular Session

HB4410 ENR SUB  (Uploaded - 03/25/2014)
Redefining auctioneer exceptions
§19 - 4 - 6 - (Amended Code)
HOUSE BILL - 4488
PASSED - Regular Session

hb4488 ENR  (Uploaded - 03/25/2014)
Eliminating the requirement for notarization of the articles of incorporation for cooperative associations
§19 - 12 A- 6 A - (Amended Code)
HOUSE BILL - 104
PASSED - 1st Special Session

hb104 ENR  (Uploaded - 03/25/2014)
Increasing the annual cap for collections into the Land Division special revenue account of the Department of Agriculture
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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