HB 5165
To create the West Virginia Rural Property Safety and Clean Land Act.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the West Virginia Rural Property and Clean Land Act, aims to address issues related to excessive waste and hazardous materials on private property in rural West Virginia. It establishes specific standards for what constitutes an ‘excessive accumulation’ of materials like trash, junk vehicles, and hazardous substances, while also outlining penalties for non-compliance. The law seeks to improve public health and safety, prevent environmental contamination, and reduce fire hazards, all while considering the unique needs of agricultural and rural land uses.
Key provisions
- Defines terms such as ‘excessive accumulation,’ ‘junk vehicle,’ and ‘hazardous materials.’
- Establishes thresholds for outdoor storage of waste, debris, vehicles, and tires.
- Requires notice and a 30-90 day period for property owners to correct violations.
- Allows for civil fines of up to $5,000 per year per property for non-compliance.
- Provides for the potential recording of liens against properties for unpaid fines.
- Defines enforcement authority as county commissions or their designated officials.
- Requires consent or court order before entry, seizure, or removal of materials.
- Excludes certain activities like normal agricultural operations and permitted industrial activities.
Who is affected
- Property owners in rural West Virginia
- County commissions
- Residents of rural West Virginia
- Agricultural businesses
- Individuals involved in industrial activities
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