H. B. 3124

         (By Delegates R. Phillips, Ferro, Craig,

                        Ashley and Howell)

         [Introduced March 25, 2013; referred to the

         Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §7-1-3v of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §7-1-3pp, all relating to floodplain and mudslide area management; and requiring the State Coordinator of the National Flood Insurance Program to review proposed building codes, or amendments to an existing building code, and establish a system of permit fees for applications for projects within any specified area or areas of a county or municipality which has enacted a building code.

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 said code be amended by adding thereto a new section, designated §7-1-3pp, all 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 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 and section three-pp of this article:

    (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) "Coordinator" means the West Virginia State Coordinator of the National Flood Insurance Program;

    (2) (3) "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, and subject to the provisions of section three-pp of this article, 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) 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.

§7-1-3pp. Floodplain and mudslide area management; ordinance of county commission subject to approval by State Coordinator, National Flood Insurance Progam; establishment of permit fees.

    (a) After any required notice and public comment period, but prior to final adoption of any building code or an amendment to any existing building code, by a county commission, as authorized pursuant to section three-v of this article, which establishes, amends or alters criteria for permitting projects within a specified area or areas, the county commission of the county shall submit the proposed building code, or proposed amendment to an existing building code, to the coordinator for review.

    (b) The coordinator shall review any proposed building code, or proposed amendment to an existing building code, that is submitted by a county commission under this section, and shall within thirty days from receipt, make a determination as to whether the proposed building code or proposed amendment to an existing building code is in compliance with the act. The coordinator shall, in writing, notify the county commission who has submitted the proposed new or amended building code of his or her determination which shall include the basis for the determination. The coordinator may consider factors as he or she considers appropriate in making a determination under this section, including, but not limited to, whether the proposed building code or proposed amendment to an existing building code is technically accurate, whether it provides that review of proposed projects within a specified area or areas, is conducted by a licensed West Virginia surveyor or engineer with technical experience which qualifies the person to review the information submitted as part of an application for a project and all other pertinent matters which the coordinator considers appropriate in his or her determination.

    (c) On or before July 1, 2013, the coordinator shall establish a system of uniform permit fees to accompany a permit application for projects within any specified area or areas of a county or municipality which has enacted a building code pursuant to this section or section three-v of this article, or for any building codes proposed after the effective date of this section.

    NOTE: The purpose of this bill is to require the State Coordinator of the National Flood Insurance Program to review proposed building codes, or amendments to an existing building code and establish a system of permit fees for applications for projects within any specified area or areas of a county or municipality which has enacted a building code.

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

     §7-1-3pp is new; therefore, it has been completely underscored.