KINGWOOD — A Rowlesburg area man told Preston Commissioners Monday he disagrees with the county’s flood ordinance and doesn’t think FEMA has the authority to force it on anyone.
“Those regulations have been changed on us. You’re not going to find a fan of FEMA sitting on this side of the table,” Commission President Craig Jennings told Allen Richards, but added the county has to enforce the rules in order for people to receive flood insurance.
Richards said he received a letter from the Preston County Office of Emergency Management (OEM) regarding his mobile home, which sits along the Cheat River.
“We went over this about four or five years ago. I sent my attorney over to the county to let them know what my position was on it, and they decided that they were probably wrong then,” Richards said.
Richards said he bought the property 25 years ago and is retired now. He owns three properties, “I have them all on the market, so I’m prepared to do what I have to do to defend my position on my property.”
He said that, “I have been harassed, my civil rights violated by this county numerous, numerous times. I have warned them to please leave me alone, or they will leave me no choice,” Richards said.
When he set the trailer up in 2010, he checked to see if any county permits were required, and no zoning requirements were made, Richards said. No one told him differently until he received the letter about flood regulations, the retired builder said.
Jennings noted that others have also been impacted by the new FEMA regulations. He recalled that commissioners worked with property owner Ralph Wilson. Flood zones set by FEMA required Wilson’s home be lifted 13 feet in order to qualify for flood insurance, and no bank would loan money for the sale without insurance. FEMA bought the home.
“We’re not doing anything wrong,” Jennings said. “We could reverse this and make it so nobody in Preston County could get flood insurance. Would that make you happy?”
As previously reported, FEMA redrew flood zones in 2012, using new technology. The previous zones were set in 1975. About 700 structures in Preston County now fall within the flood zone. If the county does not regulate flood zones, flood insurance cannot be sold in the county, OEM Director Duane Hamilton said.
Richards said the county is selectively enforcing the ordinance. He also said that he previously went to court against FEMA and won, and he will do it again if necessary.
He said last time he was contacted by the county, he was told to tie down his trailer but never given applications. Hamilton said that’s because Richards didn’t follow the process to learn what’s needed.
Jennings noted FEMA has changed regulations twice during his 12 years on the commission.
“Now, me personally, I believe they’re putting it to a few of us to help pay for the coast a little bit. But I have no way of going around that. We tried to fight it with Mr. Wilson,” and by talking with Con. David McKinley, R-W.Va., and the head of FEMA.
“It’s not that we’ve sat back and said ‘Oh, this is great,’” Jennings said. “We’ve questioned it ourselves.”
Commissioners Dave Price and Don Smith also reiterated that Preston is following FEMA rules so residents can get insurance.
