West Virginia 2024 Regular Session

West Virginia House Bill HB5437

Introduced
2/5/24  
Refer
2/5/24  
Engrossed
2/28/24  
Refer
2/29/24  

Caption

Relating to time limits imposed on the Division of Highways to grant a highway entrance permit

Impact

The introduction of HB 5437 is expected to have significant implications for state law governing highway infrastructure. By enforcing a strict timeline for permit approvals, the bill seeks to reduce bureaucratic delays that can impede business operations and infrastructure development. This could foster increased economic activity, particularly in commercial, industrial, and residential sectors, as developers gain clearer expectations regarding the approval process. However, it also raises questions about the potential impact on safety and environmental considerations, as truncated review times might complicate thorough assessments.

Summary

House Bill 5437 is an initiative aimed at amending the existing Code of West Virginia to impose specific time limits on the Department of Highways for granting highway entrance permits. The bill stipulates that the department shall approve or deny a requested permit within a 60-day timeframe. If no action is taken within that period, the permit request is considered automatically approved. This change is intended to streamline the process for businesses and individuals seeking to make changes to highway access for various developments, enhancing the efficiency of infrastructure projects across the state.

Sentiment

Discussions around HB 5437 demonstrate a largely positive sentiment among proponents who argue that the bill will enhance state efficiency and support economic growth by eliminating unnecessary wait times for permit approvals. Opponents, however, are concerned that the expedited process may compromise public safety, community input, and environmental standards, leading to a contested view of the bill's benefits and drawbacks. Overall, supporters and critics are engaged in a vibrant debate reflecting differing priorities between business facilitation and thorough regulatory oversight.

Contention

A notable point of contention regarding HB 5437 is the balance it strikes between expediting the permit process and ensuring adequate scrutiny of highway developments. Critics voice concerns that by reducing the time available for the Department of Highways to evaluate permit applications, the bill may lead to poorly assessed construction that could endanger public welfare or violate existing regulations. There are also implications for legal recourse, as the bill necessitates contesting denied permits in magistrate court, raising potential barriers for those affected by permit denials who seek redress.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2822

Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects

WV HB2528

Authorizing Division of Highways transfer of spending authority between appropriations

WV SB110

Relating to maintenance and repair of roads and highways

WV HB2531

Requiring cooperation between the rail company and the Division of Highways when construction or maintenance activities are conducted by the company

WV HB3133

Create a credit against the severance tax to encourage private companies to make infrastructure improvements to highways, roads and bridges in this state

WV HB2804

Reinstate the Contractor Licensing Board under the Division of Labor in Chapter 21

WV HB2078

Relating to performance metrics for the West Virginia Division of Highways

WV SB711

Making supplementary appropriation to DOT, Division of Highways

WV HB2514

Increasing penalties for putting objects on highways

WV SB34

Establishing 80 miles per hour speed limit on interstate highways

Similar Bills

No similar bills found.