Bill > SB407

This bill allows homeowners' associations (HOAs), which are groups of homeowners responsible for managing common areas, or similar entities to upgrade "orphan roads" – roads open to public travel that are not maintained by the state, a county, or a municipality, and lack a responsible private owner obligated to maintain them. These upgrades must be done at the HOA's expense and follow specific engineering, safety, drainage, right-of-way, and construction standards set by the West Virginia Division of Highways (the "Division"). Before any work begins, the HOA must enter into a "road maintenance agreement" with the Division, outlining construction standards, inspection requirements, timelines, proof of legal access, and any necessary financial assurances. Once the upgrade is complete, the Division will inspect the road, and if it meets all standards, it will be certified and accepted into the state road system for maintenance by the Division, which will then maintain it to the level it was upgraded. This bill clarifies that the Division is not obligated to maintain any road until it has been successfully upgraded and certified according to these new provisions.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=407&year=2026&sessiontype=RS&btype=bill