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 157-6-4 - Rules for Issuance of Permits for Making Openings or Placing Structures; In, Upon, Along, Over, Under and Across State Roads

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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.