§5B-2A-9. Securing developable land and infrastructure


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 B- 2 A- 9

§5B-2A-9. Securing developable land and infrastructure.

(a) The office shall determine the land and infrastructure

needs in the general area of the surface mining operations.

(b) For the purposes of this section, the term "general area"

shall mean the county or counties in which the mining operations

are being conducted or any adjacent county.

(c) To assist the office the operator shall be required to

prepare and submit to the office the information set forth in this

subsection as follows:

(1) A map of the area for which a permit under article three,

chapter twenty-two of this code is being sought or has been

obtained;

(2) The names of the surface and mineral owners of the

property to be mined pursuant to the permit; and

(3) A statement of the post-mining land use for all land which

may be affected by the mining operations.

(d) In making a determination of the land and infrastructure

needs in the general area of the mining operations, the office

shall consider at least the following:

(1) The availability of developable land in the general area;

(2) The needs of the general area for developable land;

(3) The availability of infrastructure, including, but not

limited to, access roads, water service, wastewater service and

other utilities;

(4) The amount of land to be mined and the amount of valley to be filled;

(5) The amount, nature and cost to develop and maintain the

community assets identified in section eight of this article; and

(6) The availability of federal, state and local grants and

low-interest loans to finance all or a portion of the acquisition

and construction of the identified land and infrastructure needs of

the general area.

(e) In making a determination of the land and infrastructure

needs in the general area of the surface mining operations, the

office shall give significant weight to developable land on or near

existing or planned multilane highways.

(f) The office may secure developable land and infrastructure

for a development office or county through the preparation of a

master land use plan for inclusion into a reclamation plan prepared

pursuant to the provisions of section ten, article three, chapter

twenty-two of this code. No provision of this section may be

construed to modify requirements of article three of said chapter.

(1) The county commission or other governing body for each

county in which there are surface mining operations that are

subject to this article shall determine land and infrastructure

needs within their jurisdictions through the development of a

master land use plan which incorporates post-mining land use needs,

including, but not limited to, renewable and alternative energy

uses, residential uses, highway uses, industrial uses, commercial

uses, agricultural uses, public facility uses or recreational facility uses. A county commission or other governing body of a

county may designate a local, county or regional development or

redevelopment authority to assist in the preparation of a master

land use plan. A county commission or other governing body of a

county may adopt a master land use plan developed after July 1,

2009, only after a reasonable public comment period;

(2) Upon the request of a county or designated development or

redevelopment authority, the office shall assist the county or

development or redevelopment authority with the development of a

master land use plan;

(3)(A) The Department of Environmental Protection and the

Office of Coalfield Community Development shall review master land

use plans existing as of July 1, 2009. If the office determines

that a master land use plan complies with the requirements of this

article and the rules promulgated pursuant to this article, the

office shall approve the plan on or before July 1, 2010;

(B) Master land use plans developed after July 1, 2009, shall

be submitted to the department and the office for review. The

office shall determine whether to approve a master land use plan

submitted pursuant to this subdivision within three months of

submission. The office shall approve the plan if it complies with

the requirements of this article and the rules promulgated pursuant

to this article;

(C) The office shall review a master land use plan approved

under this section every three years. No later than six months before the review of a master land use plan, the county or

designated development or redevelopment authority shall submit an

updated master land use plan to the department and the office for

review. The county may submit its updated master land use plan

only after a reasonable public comment period. The office shall

approve the master land use plan if the updated plan complies with

the requirements of this article and the rules promulgated pursuant

to this article;

(D) If the office does not approve a master land use plan, the

county or designated development or redevelopment authority shall

submit a supplemental master land use plan to the office for

approval;

(4) The required infrastructure component standards needed to

accomplish the designated post-mining land uses identified in a

master land use plan shall be developed by the county or its

designated development or redevelopment authority. These standards

must be in place before the respective county or development or

redevelopment authority can accept ownership of property donated

pursuant to a master land use plan. Acceptance of ownership of

such property by a county or development or redevelopment authority

may not occur unless it is determined that: (i) The property use

is compatible with adjacent land uses; (ii) the use satisfies the

relevant county or development or redevelopment authority's

anticipated need and market use; (iii) the property has in place

necessary infrastructure components needed to achieve the anticipated use; (iv) the use is supported by all other appropriate

public agencies; (v) the property is eligible for bond release in

accordance with section twenty-three, article three, chapter

twenty-two of this code; and (vi) the use is feasible. Required

infrastructure component standards require approval of the relevant

county commission, commissions or other county governing body

before such standards are accepted. County commission or other

county governing body approval may be rendered only after a

reasonable public comment period;

(5) The provisions of this subsection shall not take effect

until legislative rules are promulgated pursuant to paragraph (C),

subdivision (1), subsection (c), section twenty-three, article

three, chapter twenty-two of this code governing bond releases

which assure sound future maintenance by the local or regional

economic development, redevelopment or planning agencies.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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