The bill amends and reenacts section 17-16-6 of the Code of West Virginia, 1931, to establish a clear time limit for the Department of Highways to grant entrance permits for work on highways. It specifies that the Department has 30 days to approve or deny a permit request, and if no response is given within that timeframe, the permit is automatically considered approved. Additionally, if changes are requested by the applicant, they may only do so once, and the Department must respond to any contested matters within 15 days, or the original request will also be deemed approved. The bill also introduces penalties for violations, classifying them as misdemeanors with fines ranging from $25 to $100.
Furthermore, the bill outlines specific provisions for temporary access permits related to operations such as timbering, mirroring the approval process and timelines established for standard permits. It also states that no application fee will be charged if the applicant complies with the outlined guidelines, while an emergency access request may incur a $500 fee at the Department's discretion. The bill includes provisions for requiring a surety bond for temporary entrances, which would only cover damages caused by the entrance area. The language of the bill updates obsolete terms, replacing "commission" and "court" with "Department of Highways" and "commission" where applicable.
Statutes affected: Introduced Version: 17-16-6
Committee Substitute: 17-16-6
Engrossed Committee Substitute: 17-16-6