West Virginia Statewide Rule
West Virginia Floodplain Management and NFIP Coordination
Key Facts
- County authority
- W. Va. Code §7-1-3u
- Federal program
- NFIP / FEMA (44 CFR 60)
- State planning
- Chapter 29, Article 31
- Elevation rule
- At or above base flood elevation
- Substantial improvement
- Repairs 50%+ of value
Summary
West Virginia has no single 'Floodplain Management Act'; floodplain rules are administered locally. Counties may adopt floodplain ordinances under W. Va. Code §7-1-3u, communities enroll in the NFIP, and statewide flood planning runs through the State Resiliency and Flood Protection Plan Act (Chapter 29, Article 31).
The Legislature, finding that the National Flood Insurance Program is a voluntary federal program under which federal flood insurance is made available to participating communities and is of vital importance to the citizens of West Virginia, does hereby continue the State Office of the National Flood Insurance Program. Effective July 1, 2022, the State Office of the National Flood Insurance Program shall transfer from the Offices of the Insurance Commissioner to the Division of Emergency Management established pursuant to §15-5-3 of this code. The Division of Emergency Management shall provide office space, equipment, and supplies for the State Office of the National Flood Insurance Program, which shall be funded, in part, from the special revenue fund established in §33-3-14(c) of this code.
Full Breakdown
Floodplain management in West Virginia is run at the local level. Under W. Va. Code §7-1-3u, county commissions have authority to adopt and enforce floodplain-management ordinances, and participating communities adopt ordinances meeting the NFIP's 44 CFR Part 60 minimum standards to regulate construction in mapped Special Flood Hazard Areas. New construction in the 100-year floodplain must elevate the lowest floor to or above base flood elevation, and a substantial improvement, repairs of 50 percent or more of value, triggers full compliance. Statewide flood-resiliency planning is coordinated by the State Resiliency Office under Chapter 29, Article 31. Communities suspended from the NFIP lose federal flood insurance and certain mortgages.
Violations & Penalties
Building without a floodplain development permit can lead to fines, mandatory removal or elevation of structures, and loss of NFIP coverage for noncompliant communities.
Frequently Asked Questions
Do I need flood insurance in West Virginia?
Can I rebuild a damaged home in the floodplain?
Sources
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