West Virginia Code § 7-27-8

Application to Commissioner of Highways for approval of road
Open in Lexace · Ask the AI about this section
construction project plans.
(a) Review of applications. – The Commissioner of Highways shall review all proposed road
construction project plans for conformity to statutory and regulatory requirements, the
reasonableness of the project's budget, and the timetable for completion using the following
criteria: e
(1) The quality of the proposed road construction project and how it addresses
transportation problems in the area in which the road construction project will be located;
(2) Whether there is credible evidence that, unless county transportation sales and use tax
revenues are used to finance the road construction project, in whole or in part, the project
would not otherwise be feasible in the time line proposed by the county commission;
(3) Whether the county transportation sales and use tax revenues will leverage or be the
catalyst for the effective use of state or federal funlding that is available;
(4) Whether there is substantial and credible evidence that the proposed road construction
project is likely to be started and completeid in a timely fashion;
(5) Whether the proposed project will, directly or indirectly, improve transportation in the
area where the road construction project will occur, thereby benefitting county residents
and facilitating commercial business development and expansion in the county;
(6) Whether the proposed road construction project will, directly or indirectly, assist in the
creation of additional long-term employment opportunities in the area and the quality of jobs
created to include, b ut not be limited to, wages and benefits;
(7) Whether the proposed road construction project will fulfill a pressing transportation need
for the county, or part of the county, in which the road construction project would be
located;
(8) Whether the county commission has a strategy for road construction in the county and
whether the proposed road construction project is consistent with that strategy;
(9) Whether the road construction project is consistent with the goals of this article;
(10) Whether the road construction project is economically and fiscally sound using
recognized business standards of finance and accounting; and
(11) Any other additional criteria established by the Commissioner of Highways by
legislative rule.
(b) Decision of Commissioner of Highways. – Within sixty days after receipt of the county
commission's proposed road construction project plan or an amendment to a previously
approved project plan, the Commissioner of Highways shall either (1) approve the plan as
submitted, in whole or in part; (2) reject the plan as submitted, in whole or in part; or (3)
return the plan to the county commission for further development or review in accordance
with instructions from the Commissioner of Highways. The decision of the commissioner is
final and is not subject to judicial review.
(c) Certification of road construction project. – If the Commissioner of Highweays approves a
county's road construction project application, in whole or in part, the commissioner shall
issue to the county commission a written certificate evidencing approvarl of each approved
project.
(d) Assignment of project plan and individual projects. – Upon approval of a road
construction project plan or an amendment to an existing prtoject, the Commissioner of
Highways shall:
(1) Assign a name to the road construction project for identification purposes, which name
may include a geographic or other designation; andl
(2) Assign each project within the road construction project plan a project number that
begins with the federal information procesising (FIPS) code number for the county, followed
by a hyphen and a consecutive numbger beginning with the number "01," with each
additional road construction project in the plan being assigned the next consecutive number.
(e) Rules. – The Commissioner of Highways may propose rules for legislative approval in
accordance with article three, chapter twenty-nine-a of this code to implement the county
road construction project application approval process and to further identify and describe
the criteria and procedures he or she has established in connection therewith.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.