SB 711
Prohibiting discharge of concentrated highway runoff onto private property
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to protect private property in West Virginia by prohibiting the discharge of concentrated highway runoff onto private land in a way that causes flooding, erosion, or damage. It establishes standards for highway drainage systems, defines ‘lawful outfalls,’ and grants the Division of Highways authority to extend drainage facilities beyond the highway right-of-way for necessary maintenance and improvements. The bill also includes liability limitations to ensure reasonable operation of the state road system.
Key provisions
- Prohibits the discharge of concentrated highway runoff onto private property that causes damage.
- Defines ‘lawful outfall’ as natural watercourses, ponds, public stormwater systems, detention facilities, or other approved locations.
- Authorizes the Division of Highways to extend drainage facilities beyond the highway right-of-way.
- Permits limited off-right-of-way maintenance activities for sediment removal and minor repairs.
- Establishes a reasonableness standard and liability limitations for the Division of Highways.
- Applies to new and existing highway projects where drainage patterns have been altered.
- Allows the Division of Highways to acquire easements if necessary to convey runoff.
Who is affected
- Homeowners and landowners
- The West Virginia Division of Highways
- State highway construction and maintenance crews
- Residents in areas adjacent to state highways
Notable changes
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