Bill > HB5165

This bill, titled the "West Virginia Rural Property and Clean Land Act," aims to establish clear, objective standards for dealing with excessive accumulations of waste materials on private property, focusing on health and safety rather than aesthetics, while still protecting agricultural, industrial, and rural land uses. It defines terms like "accumulated solid waste" (discarded materials not for immediate use), "non-decomposable materials" (items that don't break down naturally), "construction or demolition debris" (building waste), "hazardous materials" (substances like petroleum products or pesticides), and "junk vehicle" (an unregistered, inoperable motor vehicle left for over 180 days, with exceptions for repairs or farm use). The act specifies what constitutes "excessive accumulation," such as over 200 square feet of solid waste, more than three junk vehicles visible from a public road, or more than 50 tires stored outdoors. It prohibits these conditions after providing notice and an opportunity to fix the issue, with specific timeframes for construction debris and junk vehicles. Property owners are given at least 30 days to correct violations and can request hearings, extensions, or waivers for hardship. Failure to comply can lead to daily civil fines, with unpaid fines potentially becoming a lien on the property, and willful refusal to comply with court orders or knowingly maintaining hazardous conditions can result in misdemeanor criminal penalties. Enforcement is handled by county commissions or their designated officials, but no action can be taken without owner consent or a court order, and the act explicitly excludes normal agricultural operations and permitted industrial activities, ensuring that enforcement is not based solely on subjective complaints or aesthetics.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5165&year=2026&sessiontype=RS&btype=bill