Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-6-4 - Rules for Issuance of Permits for Making Openings or Placing Structures; In, Upon, Along, Over, Under and Across State Roads4.1. General Regulations for Issuance of Permits.4.1.a. Form of Application. Applications for permission to perform work within highway right of way as provided in W. Va. Code § 17-16-6, must be made on the Division's standard permit form. The applicant must provide full information concerning the work to be done and must include a sketch.4.1.b. Signature Required. Applications must be signed by the applicant or his or her duly authorized representative.4.1.c. Security. The applicant must deposit security with the Division in the form of a certified check, money order, or executed bond, with surety satisfactory to the Division, to cover any damage the Division may sustain due to granting the permit, including any expense incurred in restoring the highway to its original condition, or the proper repair of any and all damages that may result within one (1) year from the date of the completion of the permitted work.4.1.d. Completion Date. The application must state the date the proposed work is to be completed.4.1.e. Approval of Application. Applicants for permits must file the original and four (4) copies of the application with the District Engineer in whose district the work is proposed. Before any work can be started, the application must be approved by the District Engineer or the Director of the Maintenance Division.4.1.f. Inspection. The permitted work must be done under the supervision and to the satisfaction of the Division. The applicant must agree to reimburse the Division for any inspection costs incurred under the permit as provided in W. Va. Code § 17-16-6.4.1.g. Notification. The applicant must notify the Division at least 48 hours in advance of the date on which work will begin.4.1.h. Control of Traffic. The traveling public must be protected at all times in accordance with the Division's manual, "Traffic Control for Streets and Highway Construction and Maintenance Operations." This manual may be obtained by contacting the Division's central headquarters in Charleston or any of the Division's district headquarters.4.1.i. The applicant will repair, at his or her expense, damage to the road, resulting at any time, from work authorized under the permit. Unsatisfactory repairs may be corrected by the Division or its authorized agent and the cost thereof billed to and paid by the applicant.4.1.j. Save Harmless. The person, firm or corporation to whom a permit is issued must agree to save harmless the State, the Commissioner, and any and all officers, agents and employees of the Division from any damages to persons or property arising or resulting from work authorized or done under the permit.4.1.k. Liability. The Division assumes no liability for damage to the proposed installation by reason of construction or maintenance work on the road.4.1.l. Removal. All permits granted shall be subject to the removal of the installation by the permittee at no cost to the Division when required for improvement of the road, and subject to all rules now or hereinafter adopted by the Commissioner.4.1.m. Cancellation. The Commissioner reserves the right at any time to cancel any permit in the event the applicant or the person by whom the work is being done thereunder fails to comply with the terms and conditions under which it is granted.4.1.n. Violation of the terms of a permit or failure to perform permitted work in accordance with the approved plans may, at the discretion of the Commissioner, result in the denial of subsequent permit applications and may require the removal of non-conforming facilities constructed or installed in state road system right-of-way. Applicant may appeal the Commissioner's denial as provided in 157CSR1.3.