This bill aims to amend and reenact section 17-4-49 of the Code of West Virginia and introduce a new section, 17-4-56, to establish standards for determining changes in use of existing entrances to state highways. It includes legislative findings that emphasize the importance of safe access for rural activities and the need for clear statutory thresholds to prevent subjective enforcement. The bill defines key terms such as "entrance," "change of use," and outlines specific thresholds that must be met for an entrance to be considered as having undergone a change of use, including increases in vehicle trips and heavy vehicle traffic.
Additionally, the bill provides exemptions for temporary forestry, logging, and agricultural operations, allowing these activities to utilize existing entrances without being classified as a change of use under certain conditions. It also includes a grandfathering provision for entrances that have been in existence for over 40 years or lack proper documentation, ensuring they are deemed legally established without needing new permits unless a change of use occurs. The Division of Highways is granted authority to propose rules for implementing these standards, ensuring that any new regulations align with the established thresholds and exemptions.
Statutes affected: Introduced Version: 17-4-49, 17-4-56