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Introduced Version House Bill 2936 History

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hb2936 intr
H. B. 2936


(By Delegate Louisos)

[Introduced March 4, 2009; referred to the

Committee on Natural Resources then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1B-15; and to amend said code by adding thereto a new section, designated §22-3-33, all relating to restoring or keeping intact scenic views by coal and timber operators; allowing residents to petition county commissions to revoke part of permits; and requiring state agencies to cooperate in enforcing intent.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §19-1B-15; and that said code be amended by adding thereto a new section designated §22-3-33, all to read as follows:

CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

§22-3-33. Scenic view required to be kept intact or restored.

Notwithstanding any provision of this article or code to the contrary, any person conducting surface coal mining operations in the state must keep scenic views intact at any such surface coal mining operation or restore a scenic view after completing a surface coal mining operation. Residents, in the vicinity of a surface coal mining operation that may or does affect a scenic view, may petition the county commission of the county of their residence and the surface coal mining operation for a partial revocation of the permit for surface coal mining operation to assure that the scenic view is kept intact or restored to at least the view it presented prior to the surface coal mining operation. The county commission shall take the necessary steps to accomplish this and the Director of the Division of Environmental Protection shall cooperate to ensure that the intent of this section is met.
CHAPTER 19. AGRICULTURE.

ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.

§19-1B-15. Scenic view required to be kept intact or restored.

Notwithstanding any provision of this article or code to the contrary, any person conducting timbering operations in the state must keep scenic views intact at any such timbering operation or restore a scenic view after completing a timbering operation. Residents, in the vicinity of a surface coal mining operation that may or does affect a scenic view, may petition the county commission of the county of their residence and the timbering operation for a partial revocation of the permit for timbering operation to assure that the scenic view is kept intact or restored to at least the view it presented prior to the timbering operation. The county commission shall take the necessary steps to accomplish this and the Director of the Division of Forestry of the Department of Commerce, Labor and Environmental Resources shall cooperate to ensure that the intent of this section is met.



NOTE: The purpose of this bill is to require restoring or keeping intact scenic views by coal and timber operators operating in those areas. It allows residents to petition county commissions to revoke part of permits to enforce the intent of the statutes and requires the appropriate state agencies to cooperate in enforcing intent.

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