West Virginia § 22-13-7 When permits required; when permits not to be issued

West Virginia Statutes

§ 22-13-7 — When permits required; when permits not to be issued

West Virginia § 22-13-7

Ch. 22ENVIRONMENTAL RESOURCES

Art. 13NATURAL STREAMS PRESERVATION ACT

This text of West Virginia § 22-13-7 (When permits required; when permits not to be issued) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 22-13-7 (2026).

Text

(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 of a protected stream or streams;

(2)Is necessary to prevent an undue hardship; and

(3)Meets with the approval of the secretary.

(b)The Department of Transportation's Division of Highways is not required to obtain a permit under this section when it is repairing or replacing damaged bridges and that repair or replacement requires the construction of temporary flow diversions in the stream that will not permanently materially alter or affect the free-flowing characteristic

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(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 of a protected stream or streams;

(2) Is necessary to prevent an undue hardship; and

(3) Meets with the approval of the secretary.

(b) The Department of Transportation's Division of Highways is not required to obtain a permit under this section when it is repairing or replacing damaged bridges and that repair or replacement requires the construction of temporary flow diversions in the stream that will not permanently materially alter or affect the free-flowing characteristics of a substantial part of the steam, so long as boat passage remains available during the entire period of bridge repair or replacement.