WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 982

By Senator Morris

[Introduced February 18, 2026; referred
to the Committee on Transportation and Infrastructure; and then to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §17-31-1, §17-31-2, §17-31-3, §17-31-4, §17-31-5, §17-31-6, §17-31-7, §17-31-8, and §17-31-9, relating to creating of the Neighborhood Access Road Program; establishing a special revenue fund; defining eligible and prohibited uses; setting minimum residential thresholds; limiting project funding; requiring annual reporting; and providing for a sunset date.

Be it enacted by the Legislature of West Virginia:

chapter 17. roads and highways

article 31. neighborhood access road program.

§17-31-1. Legislative findings and purpose.

The Legislature finds that West Virginia faces ongoing population decline and a shortage of build-ready housing. The Legislature further finds that inadequate public roadway access to residential neighborhoods is a significant barrier to housing development, community stability, and population growth, particularly in rural areas of the state.

It is the purpose of this article to establish a targeted program to support the construction and improvement of public access roads serving residential neighborhoods and subdivisions, while avoiding state responsibility for internal subdivision infrastructure or private roadways.

§17-31-2. Creation of the Neighborhood Access Road Program.

There is hereby created the Neighborhood Access Road Program, to be administered by the West Virginia Division of Highways, to provide funding for the construction or improvement of public access roads serving eligible residential neighborhoods and subdivisions.

§17-31-3. Neighborhood Access Road Fund.

(a) There is hereby created in the State Treasury a special revenue account to be known as the Neighborhood Access Road Fund.

(b) The fund shall consist of appropriations made by the Legislature, grants, federal funds, and any other funds designated for deposit.

(c) Moneys in the fund shall be expended solely for the purposes authorized by this article.

§17-31-4. Eligible funding uses.

(a) Funds under the Neighborhood Access Road Program may be used for the construction, improvement, or upgrade of public access roads that:

(1) Serve new residential neighborhoods or subdivisions;

(2) Serve expansion phases of existing residential neighborhoods or subdivisions; or

(3) Provide improved access to existing residential neighborhoods that:

(A) Contain a substantial number of residential dwelling units; and

(B) Lack adequate public roadway access due to substandard conditions, insufficient capacity or safety features, or connectivity limitations affecting emergency services, school transportation, or general public access.

(b) All projects funded under this article shall involve roadways that:

(1) Are located outside the interior boundaries of a neighborhood or subdivision;

(2) Are dedicated to public use; and

(3) Are accepted into the state or local public road system.

§17-31-5. Minimum residential threshold and project eligibility.

(a) To be eligible for funding under this article, a project shall serve a minimum of:

(1) Twenty single-family dwelling units;

(2) Twenty multifamily dwelling units; or

(3) A combination of single-family and multifamily dwelling units totaling at least twenty residential units.

(b) For purposes of this section, each dwelling unit shall be counted as one residential unit regardless of structure type.

(c) Local government financial participation shall not be required as a condition of eligibility or approval under this program.

(d) Approval of projects under this article is discretionary and subject to the availability of funds.

§17-31-6. Prohibited uses.

(a) Funds authorized under this article may not be used for:

(1) Roads located within the interior of a neighborhood or subdivision;

(2) Private roads, gated roads, or roads owned or maintained by a homeowners’ association;

(3) Internal subdivision streets, driveways, or parking areas;

(4) Routine maintenance unrelated to residential access needs; or

(5) Roads serving exclusively commercial or industrial development.

§17-31-7. Project funding limitation.

(a) No single project approved under the Neighborhood Access Road Program may receive more than $750,000 in program funds during any single fiscal year.

(b) A project may receive funding in more than one fiscal year, subject to the annual funding limitation and the availability of funds.

§17-31-8. Reporting and oversight.

(a) The Division of Highways shall submit an annual written report to the Oversight Commission on Transportation Accountability detailing the administration and performance of the Neighborhood Access Road Program. The report shall include, at a minimum:

(1) A list of projects approved and denied during the reporting period;

(2) The location and description of each approved project;

(3) The number and type of residential units served by each project;

(4) Total expenditures from the Neighborhood Access Road Fund;

(5) Anticipated long-term maintenance impacts to the public road system; and

(6) Any recommendations for statutory changes or program improvements.

§17-31-9. Sunset.

(a) The Neighborhood Access Road Program shall terminate ten years after the effective date of this article, unless reauthorized by the Legislature.

(b) Any funds remaining in the Neighborhood Access Road Fund upon termination shall revert to the State Road Fund unless otherwise directed by law.

(c) The termination of the program shall not affect the validity or completion of any project approved prior to the sunset date.

NOTE: The purpose of this bill is to create the Neighborhood Access Road Program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.