West Virginia Code of State Rules Agency 181 - Blennerhassett Park Commission
West Virginia Code of State Rules
Agency 181 – Blennerhassett Park Commission
🔹 1. Overview and Purpose
The Blennerhassett Park Commission (Agency 181) is a state agency created to manage, preserve, and operate Blennerhassett Island Historical State Park, a key historic and cultural site in West Virginia.
Located on an island in the Ohio River near Parkersburg, the park features a reconstructed 18th-century mansion and various archaeological and interpretive resources connected to Harman and Margaret Blennerhassett, as well as to Aaron Burr.
The Commission’s administrative rules, found in Title 181 of the West Virginia Code of State Rules, provide regulatory authority over:
Preservation of historical and environmental integrity of the park
Public access and safety
Park operations, transportation, and tourism
Protection of artifacts and archaeological resources
🔹 2. Legal Authority
The statutory authority for Agency 181 is grounded in the West Virginia Code § 29-8-1 et seq., which authorizes the creation of the Blennerhassett Historical Park Commission and grants it the power to promulgate rules necessary for the operation and protection of the park.
These rules carry the force of law and are intended to ensure:
Public enjoyment of the park
Protection of cultural and environmental assets
Efficient administration of the site
🔹 3. Structure and Powers of the Commission
The Commission has the authority to:
Establish rules for park usage
Collect entrance and usage fees
Coordinate ferry and transportation services to the island
Partner with local and state tourism entities
Enter contracts for maintenance, operation, and preservation activities
The rules often mirror principles applied to state historical parks generally but are tailored to the unique logistical and historical aspects of Blennerhassett Island.
🔹 4. Key Rules and Topics in Agency 181
✅ A. Access and Transportation
The park is only accessible by ferry or boat, and the Commission regulates ferry operations and fees.
Safety standards for public transport to and from the island are enforced by the Commission.
✅ B. Use of Park Facilities
Rules govern hours of operation, prohibited activities (e.g., littering, fires), and allowable uses (e.g., weddings, events).
Any commercial use or filming must have prior approval.
✅ C. Preservation of Historical Resources
Strict rules protect historic structures, landscaping, and archaeological sites.
Digging, artifact removal, or damage to any historic feature is prohibited and penalized.
✅ D. Environmental Protection
Agency 181 rules are consistent with environmental conservation, including:
Erosion control
Wildlife protection
Tree and plant preservation
✅ E. Fees and Concessions
Rules set and adjust admission fees, tour charges, and concession contracts.
Revenue supports maintenance and educational programming.
🔹 5. Illustrative Case Law (Hypothetical but Reflective of Legal Principles)
⚖️ Case 1: State v. Harper (Fictitious Example – 2015)
Facts:
A visitor was arrested for removing a small historical artifact (a piece of pottery) from a marked area without authorization.
Issue:
Was the enforcement action by the Blennerhassett Park Commission valid under Agency 181 regulations?
Holding:
The court upheld the citation and fine, affirming that the Commission’s rules on the preservation of archaeological materials had clear statutory support and served a compelling public interest.
Principle:
Agency 181’s preservation rules are enforceable, and unauthorized removal of historic or archaeological materials is a violation, regardless of the artifact's value.
⚖️ Case 2: Williams v. Blennerhassett Park Commission (Fictitious Example – 2018)
Facts:
A private event organizer sued after being denied permission to hold a large for-profit event on the island.
Issue:
Did the Commission exceed its authority by denying access for a commercial event?
Holding:
The court ruled in favor of the Commission, stating that Agency 181 validly limits commercial use to preserve the historical and ecological integrity of the park.
Principle:
State park commissions can lawfully restrict commercial activities if such restrictions serve preservation and public welfare purposes.
⚖️ Case 3: In re Environmental Complaint Against Ferry Operator (Fictitious Example – 2021)
Facts:
Environmental advocates filed a complaint that ferry operations approved by the Commission violated noise and emission standards.
Issue:
Was the Commission's ferry operator acting within permissible environmental limits under Agency 181 rules?
Holding:
The court found that while the Commission has authority over ferry services, it must coordinate with state environmental regulators. A remediation order was issued but the ferry service continued with adjusted operations.
Principle:
Agency 181’s transportation oversight must comply with broader state environmental law, and oversight must balance accessibility with environmental protection.
🔹 6. Legal and Administrative Principles
Administrative Rulemaking:
Agency 181 rules have the force of law and are subject to legislative review and judicial enforcement.
Delegated Authority:
The Commission operates under legislative delegation, with limits defined in enabling statutes.
Preservation vs. Access:
Rules strive to balance public access with historical and environmental preservation.
Due Process:
Individuals and organizations affected by Commission decisions have rights to hearings and judicial review under administrative law.
🔹 7. Summary
The Blennerhassett Park Commission (Agency 181) plays a vital role in protecting one of West Virginia’s premier historic and cultural landmarks. Its rules focus on:
Protecting historic and archaeological resources
Regulating public access and events
Ensuring safe and environmentally responsible operations
Managing transportation and commercial use
The Commission’s authority is grounded in statute, and its rules are enforceable under state administrative law principles. Courts generally uphold the Commission's actions when they are reasonable, authorized by statute, and aligned with the public interest.
RELATED Blog
0 comments