COMMITTEE SUBSTITUTE

FOR

H. B. 3124

         (By Delegates R. Phillips, Ferro, Craig,

                        Ashley and Howell)

         (Originating in the Committee on the Judiciary)

[March 29, 2013]

A BILL to amend and reenact §7-1-3v, of the Code of West Virginia, 1931, as amended; to amend and reenact §8-30-1, all relating generally to flood control projects and floodplain management by municipalities and counties, and providing for a limited fee to be charged for a floodplain permit.

Be it enacted by the Legislature of West Virginia:

    That §7-1-3v of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §8-30-1 of said Code be amended and reenacted, all to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3v. Floodplain and mudslide area management; legislative findings; power and authority; enforcement; fee for floodplain permit; 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 February 15, 1975; 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 the 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 February 15, 1975; and

    (2) "Specified area or areas" means the area or areas specified under such the act as a flood plain 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 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 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 a building code adopted by a county commission shall may not apply within nor may any authority hereinabove granted be 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 A 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) If a county commission charges a fee for a floodplain permit, the fee shall not exceed $5,000.

    (d) (e) 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.

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 30. INTERGOVERNMENTAL RELATIONS -- FLOOD CONTROL PROJECTS.

§8-30-1. Establishment and operation of flood control projects by

           municipalities and counties.

    (a) Any municipality or county may establish, construct, maintain and operate for such municipality or county a flood control project, including the removal of accumulated snags and other debris from and the clearing and straightening of the channel of navigable streams and tributaries thereof, and any such municipality or county may accept any and all benefits, moneys, services and assistance from the federal government in connection with any agreement as authorized by federal statutes and laws relating to flood control, and any such municipality or county under such agreements as are required by section 701c, Title 33, United States Code or other federal statutes is hereby empowered and authorized to may give assurances satisfactory to the secretary of the army or other proper federal authority that such the municipality or county will: (a) Provide without cost to the United States, all lands, easements and right-of-ways necessary for the construction of the project; (b) hold and save the United States free from damages due to the construction works; and (c) maintain and operate all the works after completion in accordance with regulations prescribed by the secretary of the army.

    (b) Any such municipality or county is hereby further empowered and authorized to may levy, within all constitutional and statutory limitations, for the maintenance or operation of a flood control project; to purchase land situate therein for the same; to institute condemnation proceedings for the acquiring of any land required under the flood control project; and to authorize the issuance and sale of bonds within all constitutional and statutory limitations, as is provided under general law for the issuance and sale of bonds by municipalities and counties for public purposes generally. Any levy shall be equal and uniform throughout the municipality or county, as the case may be. Real or personal property or moneys may also be acquired for such purpose by gifts to such municipality or county.

    (c) Any municipality or county is hereby empowered and authorized to may adopt zoning ordinances restricting the use of the lands and the construction of buildings and structures within the flood control area and one hundred feet on each side thereof and to enforce such ordinances by fine or imprisonment, or both, in the circuit court of the county in which the offense occurred in the case of a county ordinance, or by injunction proceedings in the circuit court of the county in which the offense occurred. Prosecution for violation of any such municipal ordinance shall be as in any other municipal ordinance violation case.

    (d) If a municipality charges a fee for a floodplain permit, the fee shall not exceed $5,000.

    (e) The power and authority granted by this section may be exercised by any municipality or county in cooperation with each other or separately where such flood control project is located, regardless of the sponsoring agency of such project.