This bill amends the Code of West Virginia, specifically section 8A-7-10, to clarify the definition of "use" in relation to zoning ordinances. The new legal language specifies that "use" refers to domestic use, farming, or activities conducted on the land from which water is drawn, explicitly excluding extraction for transport to other jurisdictions through methods such as bottling, storage, or pipelines. This change aims to protect local resources and ensure that water extraction is not utilized for commercial sale or shipment outside of West Virginia.
Additionally, the bill reaffirms that existing land, buildings, or structures can continue their current use even after a zoning ordinance is enacted, as long as they are maintained. It also addresses the issue of property abandonment, stating that if a nonconforming use has ceased for one year, it will be presumed abandoned unless the owner can prove otherwise. However, the absence of natural resource extraction or specific agricultural processes will not be considered abandonment. Overall, the bill seeks to provide clarity and protection for local land use and resources within the framework of zoning ordinances.
Statutes affected: Introduced Version: 8A-7-10