The bill amends West Virginia's Code by revising section 17-4-49 and adding a new section, 17-4-49a, which clarifies the authority of the Commissioner of Highways regarding access points to state highways. It establishes criteria for reviewing existing access points used for commercial, industrial, or mercantile purposes, allowing the commissioner to direct changes if public safety is compromised. The bill also provides exemptions for certain operations, such as temporary forestry and agricultural activities, from being classified as a change of use unless they exceed specified thresholds. Additionally, it allows for improvements to existing entrances without requiring a new permit, provided these improvements do not constitute a change of use.

The new section includes definitions for terms like "entrance," "change of use," and "heavy vehicle," and sets standards for determining when a change of use has occurred based on traffic increases or documented safety deficiencies. It also includes provisions for grandfathering certain entrances that have been in use for over 40 years, ensuring they are treated as legally established without the need for new permits unless a change of use occurs. The bill aims to promote economic activity while ensuring safety and consistency in the management of access to state highways.

Statutes affected:
Introduced Version: 17-4-49, 17-4-56
Committee Substitute: 17-4-49, 17-4-49a
Enrolled Committee Substitute: 17-4-49, 17-4-49a