RAPID/BulkTransmission/West Virginia/Land Access

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West Virginia Bulk Transmission Land Access(3-WV)

In West Virginia, a transmission developer may need to a State Land Lease or Right-of-Way from the state agency with jurisdiction to access state land. A developer may also need a State Highway Right-of-Way Permit from the West Virginia Division of Highways for projects that encroach on a state highway right-of-way.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.


Permitting at a Glance

West Virginia Federal

State Land Right-of-Way: Any person may need State Land Right-of-Way or Easement from the state agency with jurisdiction to access state land. W. VA. Code §5A-11-3(a)(9) (2007)
State Land Right-of-Way Agency: West Virginia Public Land Corporation, state agency with jurisdiction
State Highway Right-of-Way: Any person may need a State Highway Right-of-Way to place a structure in any state highway right-of-way or to dig up a state highway right-of-way for the placement of poles or wires. W. VA. Code §17-16-6 (1949).
State Highway Right-of-Way Agency: West Virginia Division of Highways
Eminent Domain: A corporation organized under the laws of the state may exercise the power of eminent domain for the construction of electric transmission lines—if the transmission lines will be for public use. W.VA. Code. Ann. §54-1-1, . W.VA. Code. Ann. §54-1-2.