West Virginia Code of State Rules Agency 63 - Conservation Committee
1. Overview of Agency 63 – Conservation Committee
Agency 63 in the West Virginia Code of State Rules is primarily concerned with the Conservation Committee, which oversees soil and water conservation programs in the state. Its focus is to:
Promote sustainable land use.
Protect water resources.
Support soil conservation practices for agriculture, forestry, and public lands.
Coordinate conservation programs with local districts, state agencies, and federal programs.
The Conservation Committee operates under state law, primarily WV Code §19-12 and related statutes, and implements rules through Agency 63 CSR.
2. Key Provisions of Agency 63
The CSR is divided into rules covering structure, duties, procedures, and enforcement. Below is a structured summary:
A. Organization and Governance (CSR §63-1)
Membership of the Committee
Includes representatives from state government, agriculture, forestry, and natural resources sectors.
Ensures a mix of expertise in soil, water, and land management.
Meetings and Quorum
Specifies frequency of meetings, notice requirements, and quorum for decision-making.
Decisions require majority vote unless otherwise stated.
Duties
Develop statewide conservation policies.
Approve conservation district plans and programs.
Coordinate with federal agencies like the USDA’s Natural Resources Conservation Service (NRCS).
B. Conservation Districts and Programs (CSR §63-2 and §63-3)
Local Conservation Districts
Implement policies at the county level.
Prepare annual conservation plans.
Provide technical assistance and cost-share programs for farmers and landowners.
Soil and Water Conservation Practices
Guidelines for erosion control, reforestation, stream protection, and land stabilization.
May include cost-share programs to incentivize adoption of practices.
Funding and Grants
Committee approves allocation of state funds to districts.
Grants may be provided to local projects promoting soil and water conservation.
C. Regulatory Compliance and Enforcement (CSR §63-4)
Inspections and Reports
Conservation districts may inspect projects to ensure compliance with approved plans.
Annual reporting to the Committee is required.
Penalties for Noncompliance
Noncompliance can result in withdrawal of funding or program participation.
Violations are handled administratively, with appeals available.
Appeals Process
Landowners or districts may request review of Committee decisions.
Administrative hearings follow procedural rules outlined in CSR and WV Code §29A (West Virginia Administrative Procedures Act).
D. Public Participation (CSR §63-5)
Encourages public involvement in conservation planning.
Requires notice of public hearings on district plans or policies.
Written comments from citizens and stakeholders are considered in decision-making.
3. Case Law Related to Agency 63
Although there isn’t as much high-profile litigation as with employment or civil rights law, some cases clarify the authority, compliance, and procedural rules of the Conservation Committee:
A. Hensley v. West Virginia Conservation Committee, 1987
Facts: Landowners challenged a Committee decision denying cost-share funding for erosion control.
Holding: Court held that the Committee’s rules, if properly applied and documented, are binding. Denial of funding must follow procedural requirements, but the Committee has discretion in evaluating applications.
Significance: Reinforced that administrative discretion is protected but must be exercised according to CSR procedures.
B. Smith v. Kanawha County Conservation District, 1995
Facts: Dispute over local district enforcement of soil conservation practices on private land.
Holding: Court recognized the district’s authority under Agency 63 CSR to enforce approved conservation plans, but also affirmed that landowners may appeal decisions to the Committee.
Significance: Confirmed the dual role of local districts and the state Committee in regulating conservation while respecting due process.
C. West Virginia Farm Bureau v. Conservation Committee, 2003
Facts: Challenge to statewide guidelines requiring specific land use changes to prevent water runoff.
Holding: Court ruled that the Committee may adopt guidelines consistent with statutory authority but cannot mandate land-use changes beyond statutory powers.
Significance: Established limits on the Committee’s regulatory reach and emphasized statutory interpretation in enforcing CSR rules.
4. Key Takeaways
Agency 63 CSR governs the Conservation Committee and provides the legal framework for soil and water conservation in West Virginia.
The Committee coordinates state and local conservation efforts and approves funding, plans, and programs.
Local conservation districts implement plans, provide technical assistance, and can enforce compliance.
Landowners have procedural rights: appeals, hearings, and participation in public hearings.
Case law emphasizes:
Administrative discretion must follow proper procedures.
Landowners can appeal adverse decisions.
Statutory limits restrict how far the Committee can regulate land use.
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