West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-3 - Use of Right of Way; Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				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.