§22-13-1. Short Title

This article may be known and cited as the Natural Streams Preservation Act.

§22-13-10. Inspections; Orders to Compel Compliance With Permits; Service of Order

After issuance of the division's permit for any such modification, the director and duly authorized representatives may make field inspections of the work on the modification, and, after completion thereof, may inspect the completed modification, and, from time to time, may inspect the maintenance and operation of such modification. To compel compliance with the terms […]

§22-13-11. Appeal to Environmental Quality Board

(a) Any person adversely affected by an order made and entered by the director in accordance with the provisions of this article, or aggrieved by failure or refusal of the director to act within the time required by section nine of this article on an application for a permit or aggrieved by the terms and […]

§22-13-12. Actions to Abate Nuisances; Injunctive Relief

Whether any violation of the provisions of this article or any final order of the director or the board results in prosecution or conviction or not, any such violation is a nuisance which may be abated upon application by the chief to the circuit court of the county in which such nuisance or any part […]

§22-13-13. Priority of Actions

All applications under section twelve of this article and all proceedings for judicial review under article one, chapter twenty-two-b of this code shall take priority on the docket of the circuit court in which pending, and shall take precedence over all other civil cases. Where such applications and proceedings for judicial review are pending at […]

§22-13-14. Violations; Criminal Penalties

Any person who fails or refuses to discharge any duty imposed upon him or her by this article or by any final order of the director or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, is guilty of a misdemeanor, and, upon […]

§22-13-15. Exceptions as to Criminal Liabilities

The criminal liabilities provided for in section fourteen of this article may not be imposed for any violation resulting from accident or caused by an act of God, war, strike, riot or other catastrophe as to which negligence or willful conduct on the part of such person was not the proximate cause.

§22-13-2. Declaration of Public Policy

In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not impound, flood or divert all streams within the State of West Virginia, leaving no streams designated for preservation and protection in their natural condition, it is hereby declared to be the public policy of this state to secure […]

§22-13-3. Definitions

Unless the context, in which used, clearly requires a different meaning, as used in this article: (1) "Board" means the environmental quality board;

§22-13-4. Establishment of Natural Stream Preservation System

For the purpose of implementing the public policy declared in section two of this article, there is hereby established a natural stream preservation system to be composed of streams designated by the Legislature as "protected streams," and these shall be administered for the use and enjoyment of the citizens of West Virginia in such manner […]

§22-13-5. Designation of Protected Streams

The following streams are hereby designated as protected streams within the natural streams preservation system, namely: (a) Greenbrier River from its confluence with Knapps Creek to its confluence with the New River. (b) Anthony Creek from its headwaters to its confluence with the Greenbrier River. (c) Cranberry River from its headwaters to its confluence with […]

§22-13-6. General Powers and Duties of Director With Respect to Protected Streams

(a) In addition to all other powers and duties of the director, as prescribed in this article or elsewhere by law, the director shall exercise supervision over the administration and enforcement of the provisions of this article, and all orders and permits issued pursuant to the provisions of this article. (b) In addition to all […]

§22-13-7. When Permits Required; When Permits Not to Be Issued

(a) It is unlawful for any person, until the department's permit has been granted, to modify any protected stream or any part of the stream. A permit may not be issued unless the work proposed to be done under the permit: (1) Will not materially alter or affect the free-flowing characteristics of a substantial part […]

§22-13-8. Application for Permit; Form of Application; Information Required; Fees

The director shall prescribe a form of application for all permits. All applications for permits shall be submitted to the division and shall be on the prescribed form. A permit fee of $10 shall accompany the application when filed with the division. The permit fee shall be deposited in the state Treasury to the credit […]

§22-13-9. Procedure for Issuance or Denial of Permit; Transfer of Permits

(a) Before issuing a permit, a public hearing shall be held. The director shall consider the application and shall fix a time and place for hearing on such application. The hearing shall be held in a county in which the proposed modification is to be made and, if the proposed modification is to be made […]