West Virginia Code
Chapter 7. County Commissions and Officers

§7-20-5. Credits or Offsets to Be Adjusted; Incidental Benefit by One Development Not Construed as Denying Reasonable Benefit to New Development - Credits or offsets for past or future payments toward capital...

§7-20-6. Criteria and Requirements Necessary to Implement Collection of Fees - (a) As a prerequisite to authorizing counties to levy impact...

§7-20-7. Establishment of Impact Fees; Levies May Be Used to Fund Existing Capital Improvements - (a) Impact fees assessed against a development project to fund...

§7-20-7a. Impact Fees for Affordable Housing - (a) The Legislature finds that: (1) There is a lack...

§7-20-8. Use and Administration of Impact Fees - (a) Revenues collected from the payment of impact fees shall...

§7-20-9. Refund of Unexpended Impact Fees - (a) The owner or purchaser of property for which impact...

§7-20-10. Impact Fees Required to Be Consistent With Other Development Regulations - County commissions that require the payment of impact fees in...

§7-20-11. Additional Powers - (a) In addition to any other powers which a county...

§7-20-12. Countywide Service Fees - (a) Notwithstanding any provision of this code to the contrary,...

§7-20-13. Bonds Issued to Finance Infrastructure Project - (a) The county commission, in its discretion, may use the...

§7-20-14. Use of Proceeds From Sale of Bonds - (a) The proceeds from the sale of any bonds issued...

§7-20-15. No Contribution by County - (a) No county commission shall have the power to pay...

§7-20-16. Bonds Made Legal Investments - Bonds issued under the provisions of this article shall be...

§7-20-17. Construction of Article - Neither this article nor anything herein contained shall be construed...

§7-20-18. No Notice, Consent or Publication Required - No notice to or consent or approval by any other...

§7-20-19. Public Officials Exempt From Personal Liability - No member of a county commission or other county officer...

§7-20-20. Cooperation by Public Bodies - For the purpose of aiding and cooperating in the planning,...

§7-20-21. Relocation of Public Utility Lines or Facilities to Accommodate Special Infrastructure Project - (a) In the event a county commission determines that any...

§7-20-22. Special Infrastructure Projects Financed by Service Fee Considered to Be Public Improvements Subject to Prevailing Wage, Local Labor Preference and Competitive Bid Requirements - (a) Any special infrastructure project acquired, constructed or financed, in...

§7-20-23. Excess Funds; Termination of Service Fee - (a) When revenue bonds have been issued as provided in...

§7-20-24. Severability - If any section, clause, provision or portion of this article...

Article 21. County Financial Stabilization Fund Act

§7-21-1. Short Title - This article may be known and cited as the "County...

§7-21-2. Findings and Declarations - The Legislature finds and declares that: (1) County government should...

§7-21-3. Budget Stabilization Fund; Creation; Appropriation; Maximum - (a) A county commission may create a "financial stabilization fund"...

§7-21-4. Fund Investment; Usage - (a) The county commission may invest the money in the...

Article 22. County Economic Opportunity Development Districts

§7-22-1. Short Title - This article is known and may be cited as the...

§7-22-2. Legislative Findings and Declaration of Purpose - The Legislature finds that many significant business opportunities initiated within...

§7-22-3. Definitions - For purposes of this article, the term: (1) "County commission"...

§7-22-4. Authorization to Create Economic Opportunity Development Districts - A county commission may, in accordance with the procedures and...

§7-22-5. Development Expenditures - Any county commission that has established an economic opportunity development...

§7-22-6. Notice; Hearing - (a) General. -- A county commission desiring to create an...

§7-22-7. Application to Development Office for Approval of an Economic Opportunity Development District Project - (a) General. -- The Development Office shall receive and act...

§7-22-7a. Base Tax Revenue Amount - (a) Recalculation of base tax revenue amount. -- (1) If...

§7-22-8. Establishment of the Economic Opportunity Development District Fund - (a) General. -- There is hereby created a special revenue...

§7-22-9. Authorization to Levy Special District Excise Tax - (a) General. -– County commissions have no inherent authority to...

§7-22-10. Order to Create District as Approved by Development Office and Authorized by the Legislature - (a) General. -- If an economic opportunity development district project...

§7-22-11. District Board; Duties - (a) General. -- The county commission of a county that...

§7-22-12. Special District Excise Tax Authorized - (a) General. -- The county commission of a county, authorized...

§7-22-13. Requisition of District Subaccount Funds - Sixty days after collection of a special district excise tax...

§7-22-14. Modification of Included Area; Notice; Hearing - (a) General. -- The order creating an economic opportunity development...

§7-22-15. Abolishment and Dissolution of District; Notice; Hearing - (a) General. -- (1) Except upon the express written consent...

§7-22-16. Bonds Issued to Finance Economic Opportunity Development District Projects - (a) General. -– The county commission that established the economic...

§7-22-17. Security for Bonds - (a) General. -- Unless the county commission otherwise determines in...

§7-22-18. Redemption of Bonds - The revenue bonds issued pursuant to this article may contain...

§7-22-19. Refunding Bonds - (a) Any bonds issued under this article and at any...

§7-22-20. Use of Proceeds From Sale of Bonds - (a) General. -- The proceeds from the sale of any...

§7-22-21. Bonds Made Legal Investments - Bonds issued under the provisions of this article are legal...

§7-22-22. Exemption From Taxation - The revenue bonds and notes issued pursuant to this article...

§7-22-23. Joint Economic Opportunity Development Districts - (a) The Legislature hereby finds and declares that the citizens...

§7-22-24. Application by Division of Highways - (a) The Commissioner of Highways may propose the creation by...

Article 23. Local Government Flexibility Act

§7-23-1. Short Title - This article may be cited as the Local Government Flexibility...

§7-23-2. Legislative Intent and Findings - (a) Legislative intent. -– It is the intent of the...

§7-23-3. Flexibility for County Commissions, Municipalities and County Boards of Education - (a) Application for waiver of policies, rules and regulations. (1)...

Article 24. Appalachian Region Interstate Compact

§7-24-1. Appalachian Regional Interstate Compact; Form of Compact - The Appalachian Region Interstate Compact (the compact) is hereby created...

Article 25. Resort Area Districts

§7-25-1. Short Title - This article shall be known and cited as the "Resort...

§7-25-2. Findings - The Legislature finds that: (a) West Virginia's resorts and other...

§7-25-3. Definitions - For purposes of this article: (a) "Assessment" means the fee,...

§7-25-4. Power and Authority of County Commissions to Create and Establish Resort Area Districts - (a) Every county is hereby empowered and authorized, in addition...

§7-25-5. Petition for Creation or Expansion of Resort Area District; Petition Requirements - (a) The owners of at least 61 percent of the...

§7-25-6. Notice to Property Owners Before Creation or Expansion of Resort Area District; Form of Notice; Affidavit of Publication; Election - (a) Before the adoption of an order creating a resort...

§7-25-7. Creation of Resort Area District; Resort Area District to Be a Public Corporation - (a) Each resort area district shall be created by adoption...

§7-25-7a. Voluntary Dissolution Resort Area District - (a) The owners of twenty-five percent or more of the...

§7-25-8. Powers of Resort Area District - Each resort area district may: (a) Have and use a...

§7-25-9. Official Name of Resort Area Districts - The official name of a resort area district created under...

§7-25-10. Resort Area Boards - (a) The powers of each resort area district shall be...

§7-25-11. Election Procedure for Initial Members of Resort Area Board; Subsequent Elections; Elections and Procedures to Fill Board Vacancies - (a) Within ninety days of the adoption of the order...

§7-25-12. Resort Area Districts Authorized to Levy Resort Service Fee; Procedure for Implementation and Cessation of Resort Service Fee; Abstract and Notice of Implementing Resolution; Rate of Resort Service Fee; Permissible Uses; Limitations on Impo... - (a) Resort area districts are hereby authorized to impose a...

§7-25-13. Resort Service Fee Administration - (a) Not less than thirty days prior to the date...

§7-25-14. Implementation and Provision of Services Within Resort Area District; Adoption of Annual Budget - (a) Upon the creation of a resort area district and...

§7-25-15. Authorization to Implement Assessments for Projects or Services; Procedures for Implementing Assessments; By-Laws to Provide Additional Procedures for Implementation of Assessments; Notice to Property Owners Before Implementation of Assessm... - (a) An assessment for a project within a resort area...

§7-25-16. Provisions for Construction of a Project - (a) Prior to beginning construction on a project, the board...

§7-25-17. Notice to Property Owners of Assessments; Correcting and Laying Assessments; Report on Project Completion - (a) Prior to the issuance of assessment bonds or the...

§7-25-18. Exemption of Public Property From Assessments - No lots or parcels of land owned or controlled by...

§7-25-19. Assessment Bonds and Resort Service Fee Bonds; Sinking Fund for Assessment Bonds and Resort Service Fee Bonds; Tax Exemption - (a) For constructing and acquiring any project authorized by this...

§7-25-20. Indebtedness of Resort Area District - No constitutional or statutory limitation with respect to the nature...

§7-25-21. Payment of Assessments to Sheriff; Report to Resort Area District; Collection of Delinquent Assessments - (a) The assessments authorized to be imposed pursuant to this...

§7-25-22. Liens; Recording Notice of Liens; Priority; Release of Lien; Notice to Future Property Owners - (a) With the exception of property exempt from assessment pursuant...

§7-25-23. Resort Area Rangers - (a) A board is hereby authorized to appoint bona fide...

§7-25-24. Annual Audit; Books and Records - Each resort area district shall cause an audit of its...

§7-25-25. Notice of Transfer of Change in Ownership of Property Within Resort Area District - After the resort area district has been formed and organized,...

§7-25-26. Liberal Construction - This article being necessary for the public health, safety and...

§7-25-27. Effect of the 2015 Amendments - It is the intent of the Legislature that the amendments...

Article 26. West Virginia Sheriffs' Bureau of Professional Standards

§7-26-1. Creation; Purpose; Composition - (a) For the purpose of providing better law enforcement for...

§7-26-2. General Powers and Duties; Legislative Rules - (a) The bureau may enter into contracts regarding training and...

§7-26-3. Bureau Officers - The bureau shall select a chair, vice chair and secretary...

§7-26-4. Training Promoted by the Bureau - The bureau may contract with or agree with any state...

§7-26-5. Standard Color for Motor Vehicles Used by Sheriffs; Standard Badges and Uniforms; Wearing Other Than Standard Uniform or Badge; Unauthorized Wearing of Official Uniforms or Badges - (a) The bureau, by legislative rules, may adopt a standard...

§7-26-6. Standards for Interagency Cooperation - (a) This section is created for the purpose of enhancing...

Article 27. Letting Our Counties Act Locally Act

§7-27-1. Short Title - This article shall be known as the "Letting Our Counties...

§7-27-2. Purpose and Findings - (a) The Legislature hereby makes the following findings: (1) Roads...

§7-27-3. Definitions - For purposes of this article: (1) “Business” means any activity...

§7-27-4. Creation of County Road Construction Project Plan - §7-27-4. Creation of county road construction project plan. A county...

§7-27-5. Public Hearing and Notice Requirements - (a) General. –The county commission shall hold one or more...

§7-27-6. Finalization of Road Construction Project Plan - (a) Resolution of county commission. – After the public hearing...

§7-27-7. Submission of Road Construction Project Plan to Commissioner of Highways; Contents of Application - (a) After the county commission has finalized its road construction...

§7-27-8. Application to Commissioner of Highways for Approval of Road Construction Project Plans - (a) Review of applications. – The Commissioner of Highways shall...

§7-27-9. Requirement for Referendum on Final Road Construction Project Plan - (a) After obtaining project certification from the Commissioner of Highways...

§7-27-10. Amendment of Road Construction Project Plan - (a) General. – A road construction project plan adopted by...

§7-27-11. Termination of Road Construction Project Plan - (a) General. – No road construction project plan may be...

§7-27-12. Order Adopting Road Construction Project Plan or Plan Amendment - §7-27-12. Order adopting road construction project plan or plan amendment....

§7-27-13. Joint Road Construction Projects - (a) The Legislature hereby finds and declares that the citizens...

§7-27-14. Creation of County Road Improvement Account - (a) Account created. – There is hereby created in the...

§7-27-15. Cash Basis Projects; Issuance of Road Construction Special Revenue Bonds by West Virginia Economic Development Authority - (a) Cash basis projects. – Each county commission that has...

§7-27-16. Commissioner's Authority Over Road Construction Projects Accepted Into the State Road System; Use of State Road Funds - (a) Notwithstanding anything in this article to the contrary, the...

§7-27-17. Qualifying a Transportation Project as a Public Improvement - All road construction projects authorized under this article are public...

§7-27-18. Reports by Commissioner of Highways - Each year, the Commissioner of Highways shall prepare a report...

§7-27-19. Issuance of County Road Construction Special Revenue Bonds - §7-27-19. Issuance of county road construction special revenue bonds. Special...

§7-27-20. Trustee for Bondholders; Contents of Trust Agreement; Pledge or Assignment of Revenues and Funds - For bonds issued pursuant to this article, any bonds, including...

§7-27-21. Refunding Bonds - Any bonds issued by the West Virginia Economic Development Authority...

§7-27-22. Obligations of the West Virginia Economic Development Authority Undertaken Pursuant to This Article Not Debt of State, County, Municipality or Any Political Subdivision - (a) Bonds, including refunding bonds, issued under this article and...

§7-27-23. Negotiability of Bonds Issued Pursuant to This Article - hether or not the bonds issued pursuant to this article...

§7-27-24. Exemption From Taxation - All bonds issued by the Authority pursuant to this article,...

§7-27-25. Personal Liability; Persons Executing Bonds Issued Pursuant to This Article - Neither the West Virginia Economic Development Authority, nor any officer...

§7-27-26. Cumulative Authority as to Powers Conferred; Applicability of Other Statutes and Charters; Bonds Issued Pursuant to This Article - The provisions of this article relating to the issuance of...

§7-27-27. Criteria and Requirements Necessary to Impose County Transportation Sales and Use Taxes - §7-27-27. Criteria and requirements necessary to impose county transportation sales...

§7-27-28. Counties Authorized to Impose County Transportation Sales and Use Taxes - (a) In addition to all other powers and duties now...

§7-27-29. Notification of Tax Commissioner, Auditor and Treasurer - (a) Any county that imposes a county transportation sales and...

§7-27-30. State Level Administration of County Transportation Sales and Use Taxes Required; Fee for Services - (a) State administration required. – Any county commission that imposes...

§7-27-31. County Transportation Sales Tax Collected From Purchaser - A vendor selling tangible personal property or custom software or...

§7-27-32. Payment of County Transportation Use Tax - A county transportation use tax imposed pursuant to this article...

§7-27-33. County Transportation Sales and Use Taxes in Addition to Other Taxes - County transportation sales and use taxes imposed pursuant to this...

§7-27-34. Credit for Sales Tax Paid to Another County - (a) A person is entitled to a credit against the...

§7-27-35. Sourcing Rules for County Transportation Sales and Use Taxes - Sales, purchases and uses of tangible personal property, custom software...

§7-27-36. Application of State Consumers Sales and Service Tax Provisions - (a) Application of state sales tax. – The provision of...

§7-27-37. Application of West Virginia Tax Procedure and Administration Act - Every provision of the West Virginia Tax Procedure and Administration...

§7-27-38. Application of West Virginia Tax Crimes and Penalties Act - Every provision of the West Virginia Tax Crimes and Penalties...

§7-27-39. Local Rate and Boundary Changes - (a) General. – New county transportation sales and use taxes...

§7-27-40. Deposit of County Transportation Sales and Use Taxes; Payment to Division of Highways - (a) All county sales and use taxes collected by the...

§7-27-41. Effective Date of County Transportation Sales and Use Tax - (a) Notwithstanding the effective date of an order of the...

§7-27-42. Early Retirement of Special Revenue Bonds; Termination of County Transportation Sales and Use Taxes; Excess Funds - (a) General. – When special revenue bonds have been issued...

§7-27-43. Powers Supplemental - §7-27-43. Powers supplemental. (a) County commissions. – The powers conferred...

§7-27-44. Public Officials Exempt From Personal Liability - No member of a county commission or other county officer...

§7-27-45. Severability - If any section, subsection, subdivision, paragraph, sentence, clause or phrase...

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West Virginia Code Chapter 7. County Commissions and Officers

West Virginia Code
Chapter 7. County Commissions and Officers