Bill Text: WV SB618 | 2020 | Regular Session | Engrossed
Bill Title: Conforming WV law to federal distance requirements for locations of salvage yards
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2020-02-12 - To House Judiciary [SB618 Detail]
Download: West_Virginia-2020-SB618-Engrossed.html
WEST virginia legislature
2020 regular session
Engrossed
Senate Bill 618
By Senators Clements, Swope, Cline, and Plymale
[Introduced January 24,
2020; referred
to the Committee on Transportation and Infrastructure]
A BILL to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as amended, relating to conforming West Virginia law to federal distance requirements for location of salvage yards within 1,000 feet of an occupied private residence in a residential community; and removing outdated terminology.
Be it enacted by the Legislature of West Virginia:
ARTICLE 23. SALVAGE YARDS.
§17-23-4. Areas where establishment prohibited; screening requirements; existing licensed yards; approval permit required; issuance; county planning commission criteria satisfied; fee.
(a) On and after the effective date of this article: (1)
No license shall be issued to establish a salvage yard or any part thereof
within 1,000 feet of the nearest edge of the right-of-way of any road within
the state road system designated and classified or redesignated and
reclassified as expressway, trunkline or feeder, or any road within the state
road system designated and classified or redesignated and reclassified for
purposes of allocation of federal highway funds as part of the federal-aid
interstate or primary systems and is visible from the main traveled way;
Provided, That this limitation shall not apply to landfills
established and maintained by the state or any county or municipality if such
landfill is effectively screened and obscured by natural objects, plantings,
fences or other appropriate means so as not to be visible from the main
traveled way of the system; and (2) no license shall be issued to establish
a salvage yard or any part thereof within 500 feet of the nearest edge of the
right-of-way of any state local service road route which is part of
the state road system, excluding those routes classified as federal-aid
interstate or federal-aid primary, unless the view thereof from such
state local service road shall be is effectively screened and
obscured by fences; Provided, however, That this limitation
shall not apply to landfills established and maintained by the state or any
county or municipality if such landfill is effectively screened and obscured by
natural objects, plantings, fences or other appropriate means so as not to be
visible from the main traveled way of the system and (3) no license may be
issued allowing a salvage yard within five thousand 1,000 feet of
the nearest occupied private residence, unless waived by the owner of such
residence, or within 1,000 feet of the nearest occupied private residence which
is part of a residential community. The provisions of this paragraph, as
amended, shall apply only to salvage yards licensed after April 1, 1988.
(b) The license of any salvage yard duly issued under the
former provisions of this article, which salvage yard or any part thereof on
the effective date of this article, is: (1) Within 1,000 feet of the nearest
edge of the right-of-way of any road within the state road system designated
and classified or redesignated and reclassified as expressway, trunkline or
feeder, or any road within the state road system designated and classified or
redesignated and reclassified classified for purposes of allocation
of federal highway funds as part of the federal-aid interstate or primary
systems and is visible from the main traveled way; or (2) within 500
feet of the nearest edge of the right-of-way of any state local service
road which is part of the state road system, excluding those routes
classified as federal-aid interstate or federal-aid primary; or (3) within 1,000
feet of the nearest occupied private residence or within five thousand 1,000
feet of the nearest occupied private residence which is part of a residential
community, may be renewed only if the view of the said salvage yard and
all parts thereof are effectively screened from the adjacent road by natural
objects, plantings, fences, or other appropriate means or a waiver is obtained
from the owner of an occupied private residence: The provisions of this
paragraph, as amended, shall apply only to salvage yards licensed after April
1, 1988 Provided, That for any salvage yard licensed prior
to July 1, 1967, and continuously maintained, may continue to operate without
screening so long as the salvage yard is not located within 1,000 feet of any
road in the state road system classified for the purpose of allocation of
federal highway funds as part of the federal-aid interstate or federal-aid
primary systems.
(c) Any salvage yard which, on the effective date of
this article, is duly licensed under the former provisions of this article may
be established or continue to be operated and maintained without screening by
natural objects, plantings, fences or other appropriate means so long as any
part of such salvage yard is: (1) Not located within one thousand feet of any
road within the state road system designated and classified or redesignated and
reclassified as expressway, trunkline or feeder, or any road within the state
road system designated and classified or redesignated and reclassified for the
purposes of allocation of federal highway funds as part of the federal-aid
interstate or primary systems; or is (2) not located within five hundred feet
of the nearest edge of the right-of-way of any state local service road; or is
(3) not located within one thousand feet of the nearest residence or within
five thousand feet of the nearest occupied private residence which is part of a
residential community Notwithstanding any other provision of this section
to the contrary, ownership of a salvage yard duly licensed under the former
provisions of this article and continuously maintained and licensed since
July 1, 1998 may be sold or otherwise transferred, and the salvage yard
shall be eligible for relicensure licensure and may continue to
be operated under the same legal requirements that would have been applicable
had the change in ownership not occurred. The amendments to this section do
not apply to any salvage yard holding a license on the effective date of the
amendment and reenactment of this section by the Legislature in 2020.
(d) On or after July 1, 1984, any owner or operator establishing, operating, or maintaining a salvage yard for which a license is required under the provisions of this article is hereby required to first obtain an approval permit from the county planning commission, or if the county does not have a county planning commission, from an appropriate office or agency designated by the county commission, in which the salvage yard is located. The county planning commission or designated agency or office shall promulgate such reasonable rules including, but not limited to, determining the effect of the proposed salvage yard on residential, business, or commercial property investment and values, establishing a quota for the number of salvage yards in the county, and the social, economic, and environmental impact on community growth and development in utilities, health, education, recreation, safety, welfare, and convenience, if any, before issuing such approval permit. These rules shall conform to guidelines established in rules promulgated by the commissioner. The fee for the approval permit shall be $25, payable upon the filing of the application on forms to be designated and approved by the county planning commission or designated office or agency.
(e) Upon the granting of an approval permit by the county planning commission, the owner or operator shall then apply to the commissioner for a license to operate. The commissioner may issue a license to the applicant, but only after an approval permit has issued in the first instance and the location of the salvage yard is in compliance with the location requirements of this section. The approval permit requirement of this section does not apply to any owner or operator who has established, or is operating or maintaining, a salvage yard prior to July 1, 1984.
