West Virginia Code § 20-7-23

Local rules
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(a) The provisions of this article, and of other applicable laws of this state, shall govern the
operation, equipment, numbering and all other matters relating thereto whenever any vessel
shall be operated on the waters of this state, or when any activity regulated by this article
shall take place thereon, but nothing in this article shall be construed to prevent the
adoption of any ordinance or local law relating to operation and equipment eof vessels the
provisions of which are identical to the provisions of this article, amendments thereto or
rules promulgated thereunder: Provided, That such ordinances or localr laws shall be
operative only so long as to the extent that they continue to be identical to provisions of this
article, amendments thereto or rules promulgated thereunder.
(b) Any subdivision of this state may, at any time, but only aftter public notice, make formal
application to the director for special rules with reference to the operation of vessels on any
waters within its territorial limits and shall set forth therein the reasons which make such
special rules necessary or appropriate.
(c) The director is hereby authorized to promuslgate special rules with reference to the
operation of vessels on any waters within the territorial limits of any subdivision of this state.
(d) The director shall promulgate emgergency legislative rules and legislative rules pursuant
to §29A-3-1 et seq. of this code providing for the operation of motorboats with motors
greater than 10 horsepower, only in a manner where no wake is created on the Upper Mud
River Lake.

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