Committee backs narrower permit rules for highway entrances used by commercial properties

Counsel presented the committee substitute for Senate Bill 697, which revises the Division of Highways' authority to require new access permits for entrances to state highways used by certain commercial property owners.

Under the substitute, the division may require a new permit only when the bill’s criteria are met, which counsel described as a peak-hour traffic increase, a daily traffic increase, a heavy-vehicle increase, or a documented safety or operational deficiency. Counsel said temporary forestry or logging operations and agricultural operations ‘‘do not constitute a change of use on their own.’’ The substitute also provides that highway entrances in existence for more than 40 years for which the division has no establishment records are to be considered lawfully established and cannot be required to obtain a new entrance permit unless the change-of-use criteria are satisfied.

Counsel told the committee the revisions remove redundant provisions, clarify terms, and were supported by the West Virginia Forestry Association. Counsel said there is no fiscal impact because the bill relieves some Division of Highways duties.

Vice Chairman moved that the committee substitute be reported to the full Senate with the recommendation it pass; the committee agreed by voice vote and the substitute was reported. The transcript shows no roll-call tally; the committee did not propose amendments during the hearing.

The substitute changes permit triggers and clarifies protections for longstanding entrances; property owners and timber/agriculture operators would be directly affected.