West Virginia Code § 31G-5-4

Exceptions to the management of vertical real estate
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Any vertical real estate shall be exempted from management if:
(A) The rental of that vertical real estate would potentially affect the operations of any public
safety, emergency management or homeland security operations: Provided, That if there is a
showing that a reasonable, technically feasible, nondiscriminatory design can prevent such
adverse effect on any public safety, emergency management or homeland security
operations then such management may occur; or
(B) It would have an adverse effect on historic preservation of a uproperty: Provided, That if
there is a showing that a reasonable, technically feasible, nondiscriminatory, and
technologically neutral design or concealment measures can prevent such adverse effect on
the property's historic preservations then such management may occur.

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