West Virginia Code
Article 4. State Road System
§17-4-1. Classification of State Roads; Control Over State Roads; Control by County Courts of Roads, Bridges and Landings; Roads in State Parks, Forests and Public Hunting and Fishing Areas Made Part of State Road System

The state road system shall consist of roads functionally classified into five categories as follows: (1) Expressway; (2) trunkline; (3) feeder; (4) state local service; and (5) park and forest. The authority and control over the state roads shall be vested in the commissioner of highways.
The county courts shall retain the superintendence and administration of roads, bridges and landings that remain under their jurisdiction as provided in section one, article ten of this chapter.
The commissioner of highways shall take control of all existing roads which are publicly owned within the state parks system and in the state forests including public hunting and fishing areas, formerly the responsibility of the director of the department of natural resources, on the effective date of this section and shall assume control of their further construction, reconstruction and maintenance as a part of the state road system. The commissioner is responsible for construction, reconstruction and maintenance as a part of the state road system of any new roads for public usage that may be constructed with the approval of the director of the department of natural resources, in existing state parks, state forests, public hunting and fishing areas or any such roads for public usage which may be established on publicly owned lands in any future state park, state forest, public hunting or fishing areas.
The director of the department of natural resources has the authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks, state forests and public hunting and fishing areas.

Structure West Virginia Code

West Virginia Code

Chapter 17. Roads and Highways

Article 4. State Road System

§17-4-1. Classification of State Roads; Control Over State Roads; Control by County Courts of Roads, Bridges and Landings; Roads in State Parks, Forests and Public Hunting and Fishing Areas Made Part of State Road System

§17-4-2. Definitions of Roads Comprising State Road System

§17-4-3. Classification of Roads in State Road System; Reclassification

§17-4-4. Interstate and International Highway Planning

§17-4-5. Right of Eminent Domain

§17-4-6. Cost of Acquiring Rights-of-Way

§17-4-7. Information to Be Filed With Clerk of County Court

§17-4-8. Use of Roadbed by Railroad, Telephone Company, etc.

§17-4-9. Separation, Elimination or Avoidance of Railway-Highway Grade Crossings -- When Commissioner May Require

§17-4-10. Same -- Commissioner's Order to Eliminate, etc., Crossing; Amendment to Order

§17-4-11. Same -- Protest Against Order; Hearing; Appeal

§17-4-12. Same -- Railroad to File Plans, etc., for Separation With Commissioner

§17-4-13. Same -- Bidding Upon Approval of Plans; Work to Be Let to Lowest Responsible Bidder

§17-4-14. Same -- Distribution of Cost Between Railroad and State

§17-4-15. Same -- Rejection of Bids; New Bids; Performance of Work by State or Railroad

§17-4-16. Same -- Payment of State's Share of Cost; Commissioner May Furnish Engineer

§17-4-17. Same -- Maintenance of Work

§17-4-17a. Same -- Relocation or Reconstruction of Existing Grade Separation Structures

§17-4-17b. Relocation of Public Utility Lines on Highway Construction Projects

§17-4-17d. Relocation of Public Utility Lines and Public Service Districts Utility Lines on State Highway Construction Projects

§17-4-17e. Utility Relocation on State Highway Construction Projects Financed by Proceeds of Bonds or Notes Issued Before July 1, 2021

§17-4-18. Approved Types of Paving to Be Determined and Advertised

§17-4-19. Contracts for Construction, Materials, etc.; Work by Prison Labor, etc.; Bidding Procedure

§17-4-20. Bidder S Bond Required; Return or Forfeiture of Bond

§17-4-21. Form and Signing of Deeds and Contracts Made by Commissioner

§17-4-22. Combination in Restraint of Trade; Persons Limiting Competition in Bidding

§17-4-23. Certificate Showing Constituents of Materials; False Certificates

§17-4-24. Testing and Approval of Materials or Supplies

§17-4-24a. Guardrail Construction

§17-4-25. Acquisition, Establishment and Operation of Quarries, Cement and Other Plants

§17-4-26. Municipal Streets and Bridges and Free Bridges Designated as Connecting Part of State Road System -- Authorized

§17-4-27. Same -- Control of Connecting Parts of State Road System Within Municipalities

§17-4-28. Same -- Notice and Laying of Necessary Pipes, etc., Before Reconstruction Within Municipality

§17-4-29. Same -- Taking Over Streets Not to Affect Franchise

§17-4-30. Same -- Taking Over Streets Not to Affect Existing Contracts

§17-4-31. Same -- Rules and Regulations of Commissioner to Govern Streets Taken as Connecting Parts of State Road System

§17-4-33. Inspection, Condemnation, etc., of Unsafe Bridges

§17-4-34. Contracts for Interstate Bridges; Report to Governor

§17-4-35. Diversion of Nonnavigable Stream

§17-4-36. Construction and Removal of Sidewalks Along State Roads; Injury To, Failure to Repair, etc., Sidewalks

§17-4-37. State Not to Be Made Defendant in Action for Damages

§17-4-38. Violations of Article; Penalty

§17-4-39. Controlled-Access Facilities -- Defined

§17-4-40. Same -- Authority to Establish, Maintain, Regulate, etc.

§17-4-41. Same -- Design of Controlled-Access Facilities

§17-4-42. Same -- Acquisition of Property and Property Rights

§17-4-43. Same -- New and Existing Facilities; Grade Crossing Eliminations; Consent to Connect

§17-4-44. Same -- Authority to Contract With Other Governmental Agencies

§17-4-45. Same -- Local Service Roads and Streets

§17-4-46. Same -- Certain Commercial Enterprises Prohibited; Commercial Enterprises on Service Roads; Turnpikes Excluded From Provisions of Section

§17-4-47. Access From Commercial, etc., Property and Subdivisions to Highways -- Purposes of Regulation; Right of Access; Provisions Inapplicable to Controlled-Access Facilities; Removal of Unauthorized Access; Bond for Access

§17-4-48. Same -- Regulations by Commissioner

§17-4-49. Same -- Points of Commercial, etc.; Access to Comply; Plans, Objections and Procedures for New Points; Review of and Changes in Existing Points; Commissioner's Preliminary Determination; Requiring Notice

§17-4-50. Same -- Commissioner's Authority as to Subdivisions Abutting State Highway; Notice of Proposal to Subdivide; Filing, Approval or Disapproval of Subdivision Plans

§17-4-51. Same -- Amendment or Withdrawal of Objections or Preliminary Determinations by Commissioner; Delegation of Authority by Commissioner

§17-4-52. Same -- Requirements for Objections, Preliminary Determinations and Notices

§17-4-53. Same -- Appeals From and Judicial Review of Determinations and Final Orders of Commissioner

§17-4-54. Location of Trash and Garbage Collection Containers by Counties and Municipalities

§17-4-55. Rest Area, Welcome Center, Road, and Vehicle Commercial Sponsorship Program