Prohibiting discharge of concentrated highway runoff onto private property
Impact
The implications of SB 711 are significant as it sets forth clear parameters for how the Division of Highways must manage drainage associated with state highways. By defining 'lawful outfalls' and granting the Division authority to extend drainage facilities beyond the right-of-way, the bill seeks to enhance environmental protection and prevent property damage attributable to highway runoff. However, it also provides that the Division is not liable for instances of flooding under extraordinary weather conditions or due to natural drainage patterns, which has potential ramifications for property owners seeking redress for damages.
Summary
Senate Bill 711 aims to amend the Code of West Virginia to address issues related to highway drainage and its impact on private property. The bill prohibits the discharge of concentrated highway runoff in a manner that causes material flooding, erosion, or damage to private property, requiring that such runoff be directed to a 'lawful outfall.' This reflects the legislature's recognition of the importance of managing the flow of surface water to mitigate the adverse effects of highway construction and maintenance on adjacent lands. The bill proposes to implement reasonable standards and limits concerning liability for the Division of Highways, seeking to balance property protection with operational efficiency of the state road systems.
Sentiment
Sentiment around SB 711 appears to be cautious but generally supportive among environmental advocates and local property stakeholders who see the bill as a necessary step toward reducing flooding and protecting private properties. However, it may also raise concerns among some legislators and residents about the scope of authority granted to the Division of Highways, particularly regarding access to private property to manage drainage systems. The balance struck between facilitating efficient highway operation and safeguarding neighbors' interests is a focal point of the discussion.
Contention
Notable points of contention surrounding SB 711 center on the extent of powers given to the Division of Highways. The ability to conduct off-right-of-way maintenance and the requirement for limited actions to restore drainage efficiency may lead to debates over property rights and the Division’s oversight. Additionally, critics may question the adequacy of liability protections for property owners who may still suffer damages due to highway developments, raising concerns over whether the bill sufficiently protects residents while allowing for necessary infrastructure improvements.
Create a credit against the severance tax to encourage private companies to make infrastructure improvements to highways, roads and bridges in this state