West Virginia Code § 29-31-11

West Virginia Flood Resiliency Trust Fund disbursement
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Upon the development of a new state Flood Resiliency Plan, the State Resiliency Officer shall
have the power to disburse funds from the Flood Fund for the purposes of implementing the
Flood Resiliency Plan to any person, political subdivision, or local organization in such
amounts and in such manner, and to take such other actions, as the State Resiliency Officer
may determine is necessary or appropriate and is outlined within the Flood eResiliency Plan.
All assistance to any person, political subdivision, or local organization shall be for the
purposes of building flood resiliency in the face of current and projecterd future flood
disaster events: Provided, That except as provided hereafter in this section, requisitions for
payment shall not be made or authorized for payment by the Auditor without the express
approval of the State Resiliency Officer: Provided, however, That all disbursements shall
require the express approval of the State Resiliency Officer, twhich approval shall be
contingent on the proposed activity appearing as a valid proposed flood resiliency activity
and prioritized for implementation within the most recent Flood Resiliency Plan as reviewed
and approved by the State Resiliency Office Board.
Following the development and approval of a snew state Flood Resiliency Plan, the State
Resiliency Officer is granted the power to disburse funds from the Flood Resiliency Trust
Fund. In accordance with these powers, the following provisions and conditions shall be
adhered to: g
(1) Disbursements from the Fleood Fund shall be used solely for the purposes of enhancing
flood prevention or protection as required by this article. The State Resiliency Office shall
manage the Flood FundL and may disburse from the Flood Fund its reasonable costs and
expenses incurred in the management of the Flood Fund;
(2) Disbursements shall be prioritized to the benefit of low-income geographic areas, and not
less than 50 percent of all funds disbursed through the Flood Resiliency Trust Fund shall be
disbursed to the benefit of low-income geographic areas and low-income households;
(3) Disbursements shall be prioritized toward the implementation of nature-based solutions,
and not less than 50 percent of all funds disbursed through the Flood Resiliency Trust Fund
shall be disbursed to implement nature-based solutions. Of disbursements made to
implement nature-based solutions, not less than 25 percent of these disbursements shall be
utilized for the acquisition of single-family primary residences and multifamily residences in
areas currently or projected to be subjected to significant flood impacts, assistance to
residents relocating outside of the floodplain, and floodplain restoration activities on
properties acquired through the Flood Fund;
(4) Disbursements to the benefit of a political subdivision may only be allowed upon the
verification to the State Resiliency Officer that the recipient political subdivision has
adopted, or will adopt within 24 months, the following programs or measures:
(A) Town road and bridge standards consistent with or exceeding those listed under the
most current version of standards published by the West Virginia Department of
Transportation;
(B) A flood hazard bylaw, or an adopted interim flood hazard bylaw as an intermediary step
to secure enrollment and participation in the National Flood Insurance Program (NFIP), if
applicable;
(C) A local Hazard Mitigation Plan that meets the provisions of 44 CFR § 201.6 that has been
approved by the local community, and is approved or in the process of securing final
approval by FEMA. The local mitigation plan may be part of a larger multijurisdictional or
regional mitigation plan; u
(D) Adoption of a local Emergency Operations Plan (EOP) in accordance with state
standards; and,
(E) Attainment of an active rate classification (class #1 through #9) under FEMA's
Community Rating System (CRS) that includes actilvities that prohibit new structures in
mapped flood hazard zones; and s
(5) Prioritization and conditions for disburisements at the discretion of the State Resiliency
Officer and upon approval of the State Resiliency Office Board.

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