Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-6-3 - Use of Right of Way; Permits3.1. Purpose. The purpose of this section is to establish rules governing the making of openings or placing of structures, in, along, over, under or across state roads and highways and the issuance of permits for these purposes.3.2. Entrances from Residential Properties, Industrial or Business Establishments. All entrances to any state road, whether from a residence, or an industrial or business property, shall be constructed in accordance with the Division's "Manual on Rules and Regulations for Constructing Driveways on State Highway Right of Way." This manual may be obtained by contacting the Division's central headquarters in Charleston or any of the Division's district headquarters. All entrances shall be adequately drained and properly stabilized.3.3. School Bus Shelters. All school bus shelters must be constructed in accordance with plans approved by the Commissioner, and when so constructed, these shelters may be constructed within the right of way limits as directed by the Commissioner. All affected shoulder areas shall be properly stabilized.3.4. Overhead Structures. 3.4.a. Expressway, Trunkline and Feeder Roads. All structures constructed over expressway, trunkline and feeder roads, such as grade separations, wire structures, coal tipples, conveyors, etc., must be constructed so as to provide a minimum vertical clearance of 18 feet over the entire width of the roadway, including shoulders, and a minimum horizontal clearance of 10 feet on either side of the pavement edges. The total horizontal clearance must be no less than 40 feet at right angles to the centerline of the highway. In cases where proposed construction or reconstruction plans require greater horizontal clearances, the required clearances must be provided by the owner of the overhead structure.3.4.b. State Local Service Roads. The minimum vertical clearances over state local service roads must be 18 feet for the entire width of the roadway, including shoulders, and the minimum horizontal clearance must be 8 feet on either side of the pavement edges. The total horizontal clearance must be no less than 30 feet at right angles to the centerline of the road. In cases where proposed construction or reconstruction plans require greater horizontal clearances, the required clearances must be provided by the owner of the overhead structure.3.4.c. In the event of conflict between the provisions of subdivisions 4.a. and 4.b. of this section, and the terms of deeds conveying real estate to the Division, the terms of the deeds shall control.3.4.d. Coal Tipples, Conveyors, etc. All coal tipples or conveyors carrying or transporting loose material must be adequately encased within the limits of the highway right of way and a sufficient distance on either side of the highway right of way to properly protect the traveling public or other highway users.3.4.e. Construction Plans Submitted with Application. All applications for permits covering the construction of overhead structures must be accompanied by a plan in sufficient detail that a complete structural analysis may be made by the Commissioner.3.5. Underpass Structures. All underpass structures, such as tunnels, coal mine haulways, airways, etc., constructed under state highways, must be constructed so as to properly support and otherwise protect the highway.3.5.a. Length. All underpass structures constructed at or near the grade of an existing highway must be of sufficient length to conform to the existing width of the roadway or any existing proposed roadway construction or reconstruction plans.3.5.b. Pedestrians. If necessary, underpass structures will include sidewalks to properly accommodate pedestrian traffic along the highway.3.5.c. Construction Plans Submitted with Application. All applications for permits covering underpass construction must be accompanied with a plan in sufficient detail that a complete structural analysis may be made by the Commissioner of the Division.3.6. Subsurface Mining. A permit must be obtained from the Division for all subsurface mining being carried on or to be carried on under any state highway. 3.6.a. Conditions. The individual or company doing the mining must carry on the operation so as to properly protect the highway from damage. In the event damage to the highway does occur, the individual or company doing the mining must either restore the highway at his, her or its own expense in a manner satisfactory to the Division or reimburse the Division for the actual expense to restore the highway.3.6.b. Maps. All applications for permits covering subsurface mining must be accompanied by a map showing the position of the coal seam or other mineral or minerals proposed to be mined, horizontally and vertically with relation to the highway.3.7. Seismic Surveys. A permit must be obtained to conduct seismic surveys, for the location of oil or gas deposits, on state roadways upon compliance with the following conditions: The work shall be performed when the ground is dry. Test holes shall not be larger than six (6) inches in diameter. Shot points shall be located at a safe distance from culverts, bridges and pavements, so as not to cause damage thereto. Shots shall not be in proximity to public or private buildings, and shall be so placed as to avoid disturbance to domestic water supplies. Upon completion of the work, ditches shall be restored and shoulders reshaped to the satisfaction of the District Engineer. Drill holes shall be plugged with concrete at a depth of thirty (30) inches below ground level.
3.8. Utility Installations. All individually, publicly, and privately owned utilities, including but not limited to, electric, communication, gas, oil, petroleum products, chemical, water, steam, sewage, drainage, and similar facilities that are to be accommodated, adjusted or relocated within state highway right of way, shall be in accordance with the Division's manual, "Accommodation of Utilities on Highway Right of Way and Adjustment and Relocation of Utility Facilities on Highway Projects", as amended. This manual may be obtained by contacting the Division's central headquarters in Charleston or any of the Division's district headquarters or at the following link:_http://transportation.wv.gov/highways/engineering/files/ACCOMMODATION_OF_UTILITIES.pdf. 3.8.a. Eligibility for reimbursement of public utilities by the Division, for relocation costs due to the Division's projects shall be determined in accordance with W. Va. Code § 17-4-1, et. seq.3.8.b. Reimbursable relocation costs include the entire amount paid by the public utility, exclusive of any right of way costs, required to perform the relocation after deducting any increase in value and any salvage value.3.8.c. Reimbursement of Publicly Owned Public Utilities.3.8.c.1. In accordance with W. Va. Code § 17-4-17d, the Commissioner shall reimburse all publicly owned public utilities for the cost of relocation due to a highway project.3.8.c.2. This subdivision applies to all eligible projects on which the publicly owned public utility incurs reimbursable costs after June 1, 2007.3.8.d. Reimbursement of Privately Owned Public Utilities. The Commissioner shall use the following criteria when establishing eligibility for reimbursement. 3.8.d.1. Privately owned public utilities located within state highway right of way by permit are not eligible for reimbursement of relocation costs which are required due to a Division construction, improvement or maintenance project.3.8.d.2. In cases where utility facilities are relocated in accordance with an approved plan and subsequent Division of Highways plan or construction changes for that project cause a utility conflict, the utility will be reimbursed for the costs of the subsequent relocation.3.8.d.3. Notice requesting removal or relocation and utility liability. In accordance with the Division's manual, "Accommodation of Utilities on Highway Right of Way and Adjustment and Relocation of Utility Facilities on Highway Projects", as amended, the Division will provide notice to affected utilities when relocations of existing facilities is required for highway projects, Should the utility fail to comply with the notice as provided in W. Va. Code § 17-4-17b(d), the utility will be liable for all costs, fees, penalties or other charges incurred by the Division as a result of the utility's failure to timely relocate unless a written extension is granted by the Division.3.8.d.4. Applicability. This subdivision applies to all eligible projects on which the privately-owned public utility incurs reimbursable costs after July 1, 2007.3.9. Railway Grade Crossings. All railway grade crossings of any state highway shall be constructed and maintained in accordance with the following requirements: 3.9.a. Conformity to Grade. All railway grade crossings must be constructed so as to conform to the grade of the highway involved. If necessary in order to obtain proper conforming grades and alignment, the railway company shall be required at its own expense to relocate and reconstruct the section of the road affected in accordance with existing standards.3.9.b. Spur Tracks. Spur tracks may not be super-elevated across the highway.3.9.c. High-Speed Tracks. High-speed tracks shall be so located as to cross the highway on a track tangent or slight curve in order to eliminate or cause minimum track superelevation.3.9.d. Crossing at Right Angles. All tracks shall cross the highway as near to a right angle as feasible.3.9.e. Rail Elevation. The top of rail elevation shall conform to the highway surface elevation or, highway approach grades conforming to current standards shall be provided. After the track is placed, the railway company may not alter the top of rail elevation without prior approval of the change in elevation by the Commissioner.3.9.f. Type of Pavement. The type of pavement on crossings shall be of a high-type surface or other semi permanent material as specified by the Commissioner based on the type and volume of highway and rail traffic.3.9.g. Width of Surface. The width of the crossing surface shall be in accordance with the American Association of State Highway and Transportation Official's, "A Policy on Geometric Design of Highways and Streets."3.9.h. Maintenance. The railway company will maintain the roadbed and crossing in a condition acceptable to the Commissioner.3.9.i. Traffic Control Devices. At a minimum, the railway company shall install and maintain crossbuck signs in accordance with the Federal Highway Administration's, "Manual on Uniform Traffic Control Devices for Streets and Highways." This manual may be obtained by contacting the Division's central headquarters in Charleston or any of the Division's district headquarters.3.9.j. Where a track is being constructed across any state highway, the Commissioner may require the railway company to install and maintain, at its own expense, active traffic control devices conforming to the Federal Highway Administration's, "Manual on Uniform Traffic Control Devices for Streets and Highways," and existing standards.3.9.k. Abandoned Tracks and Appurtenances. When any railway track crossing a state highway is abandoned, the railway company must promptly remove the tracks, ties, etc., and any appurtenances to the crossing such as crossbuck signs, active traffic control devices or other equipment. The highway shall be repaired with a pavement and shoulders of the same type and width as the adjacent pavement and shoulders, and in a manner satisfactory to the Commissioner.