(a) The commissioner of the department of highways is authorized to issue permits to counties and municipalities for the location of containers on rights-of-way of state maintained roads and highways for the collection of trash and garbage: Provided, That by the issuance of these permits, counties and municipalities will not be in direct competition with private common carriers. Private common carriers are carriers that are regulated by the Public Service Commission. Such containers may be located on road and highway rights-of-way only when authorized in writing by the commissioner or his agent in accordance with rules promulgated by the commissioner in accordance with chapter twenty-nine-a of this code. Such rules shall take into consideration the safety of travelers on the roads and highways of this state and the elimination of unsightly conditions and health hazards. Such containers may not be located on controlled-access or interstate highways.
(b) The written authority given by the commissioner is no guarantee that the state is the owner of the land upon which a container is to be located and if any question exists concerning ownership of such land, the issuance of such written authority may not be granted until the county or municipality certifies that written permission to locate the container has been obtained from any person claiming an interest in the land if such person's whereabouts can be determined.
(c) Whenever any county or municipality fails to comply with the rules promulgated by the commissioner or of any order of the commissioner for the removal or relocation of a container, the permit for such container shall be revoked and, if not removed by the county or municipality, the commissioner may remove such container and charge the expense of removal to the county or municipality failing to comply with the rules or order of the commissioner.
Structure West Virginia Code
Chapter 17. Roads and Highways
§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.
§17-4-10. 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
§17-4-18. 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
§17-4-27. Same -- Control of Connecting Parts of State Road System Within Municipalities
§17-4-29. Same -- Taking Over Streets Not to Affect Franchise
§17-4-30. Same -- Taking Over Streets Not to Affect Existing Contracts
§17-4-33. Inspection, Condemnation, etc., of Unsafe Bridges
§17-4-34. Contracts for Interstate Bridges; Report to Governor
§17-4-35. Diversion of Nonnavigable Stream
§17-4-37. 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
§17-4-48. Same -- Regulations by Commissioner
§17-4-52. Same -- Requirements for Objections, Preliminary Determinations and Notices
§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