Date Requested: March 01, 2016
Time Requested: 02:35 PM
Agency: Highways, Division of
CBD Number: Version: Bill Number: Resolution Number:
2935 Introduced HB2826
CBD Subject:


Sources of Revenue:

Other Fund State Road Fund

Legislation creates:

Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    1. Code of State Rules, Section 157-6-6 references Constructing Driveways on State Highway Right of Way and states that any person desiring to construct or reconstruct one or more driveways or other connections to or within the right of way of any state system street or highway, must do so in accordance with the requirements specified in the Division's manual, "Rules and Regulations for Constructing Driveways on State Highway Right of Way." (commonly referenced as the Driveway Manual)
    2. WV Code §17C-13-3(a)(18)states that, "No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police officer of traffic-control device, in any of the following places: At any place on any highway where the safety and convenience of the traveling public is thereby endangered;
    3. The Commissioner of Highways already has the authority to mark rights-of-way. As such, no reference to suggestions by County Commissions is needed.
    4. Apparent danger needs to be defined. If a vehicle parking would constitute apparent danger, it would seem to demonstrate that law enforcement already has the ability to enforce under §17C-13-3(a)(18).

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
1. Estmated Total Cost 0 1,375,000 275,000
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0

Explanation of above estimates (including long-range effect):

    Assume 550 driveways statewide meeting criteria (10/county)
    Assume $2,500 per location based on estimate of similar work in Mason County.
    Assumes installation of No Parking signing, pavement markings, tubular markers as required.
    Fiscal Year (Upon Full Implementation) represents 20% of FY2017.



    Person submitting Fiscal Note: Lorrie Hodges
    Email Address: