This bill proposes amendments to the Code of West Virginia, specifically targeting the management of access points to state highways for commercial, industrial, or mercantile properties. It introduces a new section, 17-4-56, which establishes legislative findings and definitions related to existing entrances and the criteria for determining a "change of use." The bill outlines specific thresholds for what constitutes a change of use, including increases in vehicle trips and heavy vehicle traffic, while also providing exemptions for temporary forestry, logging, and routine agricultural operations. Additionally, it includes a grandfathering provision for entrances that have been in existence for over 40 years or lack proper documentation, ensuring they are not subjected to new permit requirements unless a change of use occurs.
Furthermore, the bill clarifies the authority of the Division of Highways in reviewing existing access points and making necessary changes for public safety. It removes certain permit requirements and allows property owners to improve existing entrances to meet current design standards without triggering a new permit, as long as the use does not change. The Division of Highways is also restricted from imposing disproportionate requirements or upgrades that exceed the established thresholds. Overall, the bill aims to streamline the process for managing access to state highways while promoting safety and economic activity in rural areas.
Statutes affected: Introduced Version: 17-4-49, 17-4-56