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West Virginia prohibits highway runoff discharge onto private property and authorizes off-site drainage construction

Original title: Prohibiting discharge of concentrated highway runoff onto private property

Last action · February 2, 2026: To Transportation and InfrastructureSponsors: Robbie Morris and 1 other

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

The West Virginia Division of Highways is prohibited from constructing or operating drainage facilities that discharge concentrated highway runoff onto private property causing damage, unless the water is directed to a . The measure authorizes the state to acquire easements, extend drainage beyond s, and perform limited maintenance on private property to prevent flooding and erosion.

Why it matters

Adjoining and downstream property owners gain legal protections against highway-induced flooding and erosion, while the state obtains explicit authority to acquire off-site easements and enter private land for necessary drainage maintenance.

Background
  • The West Virginia Division of Highways manages the construction, maintenance, and operation of the state road system. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Adjoining and downstream property owners

Property owners receive statutory protection against harmful concentrated runoff and flooding originating from state highways.

Directly affected

Division of Highways

The agency is restricted from discharging runoff onto private property but gains explicit authority to acquire easements and perform off-site maintenance.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What qualifies as a lawful outfall under this bill?
A includes natural watercourses like streams or rivers, permanent water bodies, public stormwater systems, designed detention or retention facilities, or any location that does not result in material damage to private property.
Can state highway workers enter private property without a permanent easement?
Yes, the Division of Highways may enter private property beyond the solely to remove sediment, debris, or obstructions from connected drainage structures, or to perform minor grading, provided it is temporary and restores the property substantially to its prior condition.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

4 actions
  1. Feb 2, 2026SenateCommittee
    To Transportation and Infrastructure
  2. Feb 2, 2026SenateIntroduced
    Introduced in Senate
  3. Feb 2, 2026SenateCommittee
    To Transportation and Infrastructure then Judiciary
  4. Feb 2, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Codification of Highway Drainage Protections

The bill establishes a formal statutory standard in West Virginia code specifically addressing runoff damage to private properties adjacent to state roads.

Connected Entities

Division of Highways, West Virginia Legislature
OrganizationDivision of Highways“State agency responsible for highway construction and maintenance.”Map →
OrganizationWest Virginia Legislature“Legislative body enacting the measure.”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy20
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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