West Virginia Code § 8-30-1

Establishment and operation of flood control projects by municipalities and
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counties.
Any municipality or county may establish, construct, maintain and operate for such
municipality or county a flood control project, including the removal of accumulated snags
and other debris from and the clearing and straightening of the channel of navigable
streams and tributaries thereof, and any such municipality or county may acecept any and all
benefits, moneys, services and assistance from the federal government in connection with
any agreement as authorized by federal statutes and laws relating to florod control, and any
such municipality or county under such agreements as are required by section 701c, Title
33, United States Code or other federal statutes is hereby empowered and authorized to give
assurances satisfactory to the secretary of the army or other proper federal authority that
such municipality or county will: (a) Provide without cost to tthe United States, all lands,
easements and right-of-ways necessary for the construction of the project; (b) hold and save
the United States free from damages due to the construction works; and (c) maintain and
operate all the works after completion in accordance with regulations prescribed by the
secretary of the army.
Any such municipality or county is hereby further empowered and authorized to levy, within
all Constitutional and statutory limitations, for the maintenance or operation of a flood
control project; to purchase land sitguate therein for the same; to institute condemnation
proceedings for the acquiring of any land required under the flood control project; and to
authorize the issuance and salee of bonds within all Constitutional and statutory limitations,
as is provided under general law for the issuance and sale of bonds by municipalities and
counties for public purpLoses generally. Any levy shall be equal and uniform throughout the
municipality or county, as the case may be. Real or personal property or moneys may also be
acquired for such pu rpose by gifts to such municipality or county.
Any municipality or county is hereby empowered and authorized to adopt zoning ordinances
restricting the use of the lands and the construction of buildings and structures within the
flooWd control area and one hundred feet on each side thereof and to enforce such ordinances
by fine or imprisonment, or both, in the circuit court of the county in which the offense
occurred in the case of a county ordinance, or by injunction proceedings in the circuit court
of the county in which the offense occurred. Prosecution for violation of any such municipal
ordinance shall be as in any other municipal ordinance violation case.
The power and authority granted by this section may be exercised by any municipality or
county in cooperation with each other or separately where such flood control project is
located, regardless of the sponsoring agency of such project.

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