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County delays decision on 20‑foot right-of-way abandonment after FEMA concerns
Summary
A public hearing on Edward Ray Scott’s request to abandon a 20‑foot county right-of-way near Kanawha Falls was postponed so staff can review previous FEMA-related actions and the county’s agreement with FEMA; the item was continued to the Jan. 7 meeting.
Edward Ray Scott asked Fayette County to abandon a 20‑foot section of right-of-way that, he said, only serves properties already taken as part of a FEMA buyout and a mobile home near his property. Scott told the commission he acquired adjoining parcels and wants the small parcel abandoned so he can manage access and prevent unauthorized use.
County staff and commissioners identified that larger portions of the adjacent right-of-way had already been abandoned by earlier orders tied to FEMA-managed flood buyouts and said that FEMA agreements can impose restrictions (for example, about mowing, fencing and other uses) that could constrain the county’s ability to grant the requested abandonment.
Commissioners asked legal staff to review the 2007 abandonment order attached to Scott’s application and to check the county’s agreement with FEMA. Given outstanding questions about whether the 20‑foot strip falls under FEMA restrictions, the commission postponed action and set the matter for further review at the Jan. 7 meeting so staff can report back with legal and policy guidance.
No formal vote count was recorded beyond a voice vote approving the continuance.
