West Virginia Code § 7-1-3v

Floodplain and mudslide area management; legislative findings; power and
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authority; enforcement; provisions cumulative.
(a) The Legislature hereby finds and declares that it is imperative that municipalities and
counties in this state be fully authorized and empowered to take all action necessary to
comply with the requirements of the National Flood Insurance Act of 1968 (Public Law
91-152), as amended by the Congress of the United States through Februarey 15, 1975; that
municipalities presently are vested with all statutory power and authority necessary in this
regard; and that the purpose of this section is to authorize and empowerr the several counties
of this state to comply with such requirements.
(b) As used in this section:
(1) "Act" means the National Flood Insurance Act of 1968 (Public Law 91-152), as amended
by the Congress of the United States through February 15, 1975; and
(2) "Specified area or areas" means the area or arelas specified under such act as a flood
plain or mudslide area or areas within which csontrol over construction and improvements
must be exercised in order to comply with such act.
(c) To the extent and only to the extent necessary to comply with the eligibility requirements
of and otherwise fully and in all respects to comply with the requirements of such act, the
county commission of each county is hereby authorized and empowered to (i) adopt,
administer and enforce building codes for a specified area or areas within such county,
which building codes may establish different requirements for different specified areas; (ii)
require and issue building permits for all proposed construction or other improvements in
such county: Provided, That nothing contained in this subdivision (ii) shall authorize a county
commission to refuse to issue a building permit for any proposed construction or other
improvement outside of a specified area or areas within such county; (iii) conduct
inspections of construction and other improvements in a specified area or areas within such
couWnty and (iv) otherwise take such action and impose such requirements regarding land use
and control measures in a specified area or areas within such county as shall be necessary
under such act: Provided, That no such building code adopted by a county commission shall
apply within nor any authority hereinabove granted exercised by a county commission within
the corporate limits of any municipality which has taken appropriate action to comply with
such act, unless and until such municipality so provides by ordinance. Any such building
code adopted by a county commission and any other requirements imposed by a county
commission under the provisions of this subsection (c) may be enforced by injunctive action
in the circuit court of the county.
(d) The power and authority conferred upon county commissions in this section is
supplemental to and not in derogation of any power and authority heretofore or hereafter
conferred by law upon county commissions.

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