FLOOD PLAIN ENFORCEMENT WILL BE COMMISSION ISSUE - Non-Compliance Could Mean Penalties

(01/04/2004)
The enforcement of flood plain ordinances is on the agenda at Monday's Calhoun Commission meeting starting at 4 p.m.

The ordinance calls for the issuing of a permit for most any building activity or earth change on the 100-year flood plain. Only certain types of construction of land filling is allowed.

Robert Perry, the state's director of the National Flood Plain Insurance Program, will be present to advise the commission regarding increased enforcement.

Lisa Minney, reporter for the Calhoun Chronicle, has asked county citizens to present their concerns regarding the lack of enforcement of a flood plain ordinance passed by the commission in 1991.

She has declined to speak regarding her concerns at Monday's meeting, although to date she is the only complainant.

Minney, who has taken a pro-active stance regarding the issue, has written in the Calhoun Chronicle "Who is responsible?" for the lack of enforcement, indicating the Flood Plain Coordinator and the county commission have failed their duty.

Lack of enforcement could mean property owners could no longer obtain flood insurance, or the county be denied other assistance through FEMA.

"Not one penalty has ever been imposed. That's not a complaint. That's a fact," she said, indicating the commission should use its legal power to fine violators, or in some cases, require illegal construction or land-full changes be removed from the 100-year flood plain.

The violators are along the Little Kanawha, the West Fork of the Little Kanawha and numerous other streams, who have erected buildings, made changes or land-filled without a permit.

Perry is expected to advise the commission regarding compliance issues.

The Town of Grantsville has also adopted a flood plain ordinance, which has not been enforced.

While flood plain ordinances have been passed in nearly all West Virginia counties, compliance issues are a problem. Flood Plain Coordinators are expected to have technical skills related to compliance, and in many counties the coordinators are the Directors of the Office of Emergency Services, assessors, or others who volunteer to fill the position.

Flood plain mapping, which was done about 1970, has become a legal issue in some counties. The flood plain map along the Little Kanawha in Calhoun County is likely based on flooding prior to the construction of the Burnsville Lake and dam.

A public meeting regarding another flooding issue is scheduled after the regular meeting at 5 p.m. The meeting will evaluate interest by county property owners to participate in flood plain mitigation, where the government "buys out" frequently flooded property.