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Home » US Law » 2022 West Virginia Code » Chapter 17. Roads and Highways » Article 2E. Dig Once Policy » §17-2E-3. Use of Rights-of-Way; Broadband Conduit Installation in Rights-of-Way; Permits; Agreements; Compensation; Valuation of Compensation; Telecommunications Facilities Construction and Installation in Rights-of-Way

(a) If in-ground construction or installation of a telecommunications facility in rights-of-way owned or controlled by the division serves a public purpose and shall be accommodated as a utility pursuant to federal and state law, the division will receive applications and issue a permit consistent with this section with respect to requirements and conditions for performing work in division rights-of-way.

(b) Upon receipt of a complete application as specified in the Accommodation of Utilities on Highway Right-of-Way and Adjustment and Relocation of Utility Facilities on Highway Projects Policy, or equivalent policy, as may be currently enforced by the division, that specifies the requirements and conditions for performing work in a right-of-way, the division shall, within 60 business days, advise applicant in writing of any deficiencies with the planned project that:

(1) Adversely affect the safety, design, construction, operation, maintenance, or stability of the state road system;