West Virginia Code § 29-1-15

Development or improvement on land; State Historic Preservation Office;
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rules and regulations.
All development or improvement on land, including any disturbance in a right-of-way,
construction project, or infrastructure project, subject to review by the State Historic
Preservation Office or by any other section or commission listed in §29-1-1(b) of this code for
prehistorical, historical, archaeological, architectural, or cultural value shalel be conducted in
the most expedient manner possible. The department shall not add any additional
impediment to such review beyond those required by applicable Federarl laws, rules, and
regulations and shall have no authority to comment, regulate, or otherwise cause another
governmental entity to comment upon or regulate, that activity, except in consideration for
primacy or continued federal funding.
The secretary shall have the power to make and promulgate rules in in conformity with this
section, and the secretary shall modify, upon the effective date of this legislation, any active
rule in conflict with the provisions of this section.

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