This bill proposes the addition of a new section, 17-4-56, to the Code of West Virginia, focusing on highway drainage and the protection of private property. It prohibits the Division of Highways from discharging concentrated highway runoff onto private property in a manner that causes flooding, erosion, or damage unless it is directed to a "lawful outfall," which is defined to include natural watercourses, public drainage systems, and other designated locations that do not harm private property. The bill also grants the Division of Highways the authority to extend drainage facilities beyond the highway right-of-way and to perform limited maintenance activities on private property to alleviate drainage issues, provided that such actions are temporary and do not increase runoff impacts.

Additionally, the bill establishes standards of reasonableness and limitations of liability for the Division of Highways, clarifying that it is not responsible for preventing all flooding during extraordinary weather events or for damages caused by natural drainage conditions. The provisions apply to new highway construction, major rehabilitation projects, and existing drainage facilities where highway infrastructure has significantly altered drainage patterns and caused recurring property damage. Overall, the bill aims to ensure that highway drainage systems are effectively managed to protect adjacent properties while maintaining the functionality of the state road system.

Statutes affected:
Introduced Version: 17-4-56