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Chapter 17     Entire Code


ARTICLE 1. DEFINITIONS.

ARTICLE 2. STATE ROAD COMMISSION.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

ARTICLE 2B. TOLL ROAD STUDY COMMISSION.

ARTICLE 2C. ORPHAN ROAD AND BRIDGE ACQUISITION PROGRAM.

ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.

ARTICLE 2E. DIG ONCE POLICY.

ARTICLE 3. STATE ROAD FUND.

ARTICLE 3A. INDUSTRIAL ACCESS ROAD FUND.

ARTICLE 4. STATE ROAD SYSTEM.

ARTICLE 4A. COMPLETE STREETS ACT.

ARTICLE 5. STATE CONVICT ROAD FORCE.

ARTICLE 5A. DEPARTMENT OF MOTOR VEHICLES.

ARTICLE 6. LICENSES.

ARTICLE 7. CERTIFICATES OF TITLE.

ARTICLE 8. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

ARTICLE 9. GENERAL PROVISIONS APPLICABLE TO STATE ROADS, COUNTY-DISTRICT ROADS, STREETS AND ALLEYS, STATE ROAD COMMISSION, COUNTY COURTS AND MUNICIPAL AUTHORITIES.

ARTICLE 10. COUNTY COURTS; MUNICIPALITIES; GENERAL AUTHORITY AND DUTIES AS TO ROADS, ETC.

ARTICLE 11. COUNTY AND DISTRICT ROAD FUNDS.

ARTICLE 12. COUNTY-DISTRICT ROADS.

ARTICLE 13. COUNTY ROAD ENGINEER OR SUPERVISOR.

ARTICLE 14. DISTRICT ROAD SUPERINTENDENT.

ARTICLE 15. COUNTY CONVICT ROAD FORCE.

ARTICLE 16. OBSTRUCTIONS.

ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

ARTICLE 16B. PUBLIC PORT AUTHORITY.

ARTICLE 16C. DIVISION OF PUBLIC TRANSIT.

ARTICLE 16D. ELECTRONIC TOLL COLLECTION.

ARTICLE 16E. STATE SAFETY OVERSIGHT PROGRAM.

ARTICLE 17. TOLL BRIDGES.

ARTICLE 17A. CONSTRUCTION FINANCING FOR SURFACE TRANSPORTATION IMPROVEMENTS.

ARTICLE 17B. STATE TRANSPORTATION INFRASTRUCTURE FUND PROGRAM.

ARTICLE 18. FERRIES AND WHARVES.

ARTICLE 19. GENERAL CRIMINAL PROVISIONS.

ARTICLE 21. LICENSING OF CHAUFFEURS AND OTHER MOTOR VEHICLE OPERATORS.

ARTICLE 22. OUTDOOR ADVERTISING.

ARTICLE 23. SALVAGE YARDS.

ARTICLE 24. WASTE TIRE REMEDIATION.

ARTICLE 24A. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR VEHICLES, AND ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES.

ARTICLE 25. THE WEST VIRGINIA INDUSTRIAL ROAD PARTNERSHIP ACT OF 1989.

ARTICLE 26. STATE ROAD BONDS.

ARTICLE 26A. ROADS TO PROSPERITY STATE ROAD BONDS.

ARTICLE 27. PUBLIC-PRIVATE TRANSPORTATION FACILITIES ACT.

ARTICLE 28. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION ACT.

ARTICLE 29. TRANSPORTATION NETWORK COMPANIES.

ARTICLE 20. ROADSIDE MEMORIAL MARKERS.

§17-20-1. Roadside memorial markers authorized.

Notwithstanding any provision of section one, article nineteen of this chapter to the contrary, the commissioner of highways is authorized to propose legislative rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code providing for the placement of memorial markers or other tributes within state highway rights-of-way to memorialize people who have died as a result of vehicle related accidents.

§17-20-2. Roadside memorial marker criteria.

(a) Legislative rules proposed pursuant to section one of this article shall provide for the placement of markers in a manner that increases public awareness of highway safety and promotes the safe use of the highways and their rights-of-way. The rules shall prescribe circumstances under which:

(1) Memorial markers may be placed near to where a fatal accident occurred, considering available space, property owner complaints or other constraints; and

(2) Decorations, flowers or other memorial ornaments or tributes may be placed on the right-of-way by family members.

(b) Notwithstanding any provision of the rules to the contrary, the commissioner may direct or cause the removal of any memorial marker or tribute from a state highway right-of-way, without notice, upon the determination by the commissioner that the removal is necessary for construction, maintenance, safety or other purpose. The state of West Virginia, its agencies and subdivisions, and their officers and employees shall not be liable for any claims arising as a result of the removal of a marker or tribute.

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