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Home » US Law » 2022 West Virginia Code » Chapter 22. Environmental Resources » Article 1A. Private Real Property Protection » §22-1A-3. Actions by Division of Environmental Protection; Requirement for Assessment

(a) Whenever the Division of Environmental Protection considers any action within its statutory authority that is reasonably likely to deprive a private real property owner of his or her property in fee simple or to deprive an owner of all productive use of his or her private real property, it shall prepare an assessment that includes, but need not be limited to, the following:

(1) An identification of the risk created by the private real property use, and a description of the environmental, health, safety, or other benefit to be achieved by the proposed action;