West Virginia Code 17-2E-4 – Highway safety
Current as of: 2023 | Check for updates
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(a) The Division of Highways, in its sole discretion, may deny any longitudinal access or wireless access if such access would compromise the safe, efficient, and convenient use of any road, route, highway, or interstate in this state for the traveling public.
Terms Used In West Virginia Code 17-2E-4
- Division: means the Division of Highways. See West Virginia Code 17-2E-2
- Longitudinal access: means access to or the use of any part of a right-of-way that extends generally parallel to the traveled right-of-way. See West Virginia Code 17-2E-2
- Right-of-way: means land, property, or any interest therein acquired or controlled by the division for transportation facilities or other transportation purposes or specifically acquired for utility accommodation. See West Virginia Code 17-2E-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Utility: has the meaning ascribed to it in §. See West Virginia Code 17-2E-2
- Wireless access: means access to, and use of, a right-of-way for the purpose of constructing, installing, maintaining, using, or operating telecommunications facilities for wireless telecommunications. See West Virginia Code 17-2E-2
(b) Any longitudinal access or wireless access to a right-of-way granted by the Division of Highways pursuant to this article does not abrogate, limit, supersede, or otherwise affect access granted or authorized pursuant to the Division’s rules, policies, and guidelines related to accommodation of utilities on highways’ rights-of-way and adjustment and relocation of utility facilities on highway projects.