HB2356 H POLSUBS AM #1 2-28

Casto 3264

The Committee on Political Subdivisions moved to amend the bill on page 1, immediately following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §8-26A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows.

ARTICLE 26A. MUNICIPAL AND COUNTY HISTORIC LANDMARKS COMMISSIONS.

§8-26A-3. Legislative intent; conflict between regulations of zoning district and historic district and properties.

(a) The historic district and property regulation provided in this article is intended to identify, study, preserve and protect historic buildings and structures, sites and districts, some of which are located in zoning districts. Historic properties and districts lying within the boundaries of a zoning district are subject to the regulations for both the zoning district and historic district and properties. If there is a conflict between the requirements of the zoning district and the requirements of the historic district or property, the zoning district requirements apply.

(b) Notwithstanding subsection (a) of this section, when a municipal planning commission proposes demolition or construction projects within a historic district designated by listing on the National Register of Historic Places or a project affecting an individual properties listed on the National Register of Historic Places, it must secure approval under the procedures delineated in section seven of this article from:

(1) the city historic landmarks commission, if one exists; if it does not, then the municipal planning commission must secure approval under the procedures delineated in section seven of this article from

(2) the county historic landmarks commission, if one exists.” 

Adopted

Rejected