Bill > SB711

This bill, concerning highway drainage and the protection of private property, establishes that the West Virginia Division of Highways (DOH) must design, maintain, and operate its drainage systems to prevent material flooding, erosion, or property damage to adjoining and downstream private properties caused by the collection and concentrated discharge of surface water from state roads. The DOH is prohibited from creating or maintaining drainage facilities that cause such harm unless the water is directed to a "lawful outfall," which includes natural watercourses like streams, ponds, lakes, public drainage systems, properly designed water retention facilities, or any other location that does not damage private property. To comply with this, the DOH is authorized to extend drainage facilities beyond the highway right-of-way, acquire necessary easements through purchase or eminent domain, and perform maintenance and minor repairs outside the right-of-way for sediment removal or clearing, provided the work is temporary, restores the property, and doesn't worsen drainage issues elsewhere. The bill clarifies that the DOH is not liable for all flooding during extreme weather or for damages caused solely by natural drainage, and liability is limited if the DOH acts in substantial compliance with the law and accepted engineering standards. This new section applies to new highway projects and existing drainage issues where the DOH has determined highway infrastructure has significantly altered drainage and caused recurring damage.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=711&year=2026&sessiontype=RS&btype=bill