West Virginia State Highway Right-of-Way (3-WV-c)
State Highway Right-of-Way Process
3-WV-c.1 — State Highway Right-of-Way Permit Application
A developer must submit five complete copies of the Highway Right-of-Way Application (Application) to the DOH District Office with jurisdiction over the highway right-of-way. W. VA. Code R. §157-6-4.1a (2011), Manual on Rules and Regulations for Constructing Driveways on State Highway Right-of-Ways, Page 5 (Manual). A complete Application, at minimum, includes:
- A description of the proposed project;
- Maps and sketches of the proposed project; and
- The proposed completion date.
3-WV-c.2 to 3-WV-c.3 — Review Application Materials for Completeness
The District Engineer Office reviews the Application for administrative and technical completeness. The District Engineer notifies the developer if the Application is unsatisfactory or incomplete. Manual, Page 5.
3-WV-c.4 to 3-WV-c.5 — Assess Application Materials for Approval
The District Engineer must assess the complete Application for approval.
3-WV-c.6 — Highway Right-of-Way Permit
All driveway entrances to a state highway must follow the rules provided in the Manual on Rules and Regulations for Constructing Driveways on State Highway Right-of-Ways (Manual). W. VA. Code R. §157-6-3.2 (2011), W. VA. Code R §157-6-6 (2011). Additionally, all utilities must follow the rules in the DOH Manual Accordance of Utilities on Highway Right-of-Way and Adjustment and Relocation of Utility Facilities on Highway Projects . W. VA. Code R. §157-6-3.8 (2011). The developer must comply with the conditions or restrictions on the Permit. The developer must notify the DOH at least 48 hours before beginning work on the project. W. VA. Code R. §157-6-4.1g (2011).
3-WV-c.7 — Appeal Decision (Optional)
Any party may appeal a decision by a West Virginia agency to the West Virginia Supreme Court of Appeals. W.VA. Code §29A-6-1 (1964).
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