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West Virginia State Highway Right-of-Way (3-WV-c)

Information current as of 2020
In West Virginia, a developer may need to obtain a State Highway Right-of-Way Permit from the West Virginia Division of Highways (DOH) for projects that encroach on a state highway right-of-way. W. VA. Code §17-16-6. DOH has the authority to regulate any work performed on state highway right-of-ways, including the construction of driveways. W. VA. Code §17-16-6 .

State Highway Right-of-Way Process

3-WV-c.1 — State Highway Right-of-Way Permit Application

A developer must submit five (5) 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, Manual on Rules and Regulations for Constructing Driveways on State Highway Right-of-Ways, p. 5 (Manual). A complete Application, at minimum, includes:

  • Description of the proposed project;
  • Maps and sketches of the proposed project; and
  • Proposed completion date.

Manual, p. 50. A developer may also need to obtain a security deposit before beginning the project. W. VA. Code R. §157-6-4.1c.

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 applicant (developer) if the Application is unsatisfactory or incomplete. Manual, p. 5.

3-WV-c.4 to 3-WV-c.5 — Assess Application Materials for Approval

The District Engineer must review 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), W. VA. Code R §157-6-6. 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. 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.

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.

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Contact Information

Edit West Virginia Division of Highways
Highways 304-558-3505 dotabbazabbacommissioner@wvabbazabbagov Visit Website

Edit West Virginia Division of Highways
Acquisition Operations 304-558-9344 Visit Website