HB 4040 West Virginia House of Delegates · 2026 Regular Session

Non-State Owned Roads Improvement Act

HB 4040, the Non-State Owned Roads Improvement Act, grants West Virginia municipalities (cities, towns, and counties) authority to repair and improve roads not owned or maintained by state or federal governments. It allows municipalities to pave, fix potholes, install signage, and enhance drainage on these roads while providing legal protection from lawsuits if improvements are done in good faith and follow safety standards, excluding cases of serious negligence. Municipalities must notify the public through notices, media, or meetings before starting projects and publish details like timelines and funding sources online. The bill permits using existing municipal funds, state/federal infrastructure grants, or private partnerships to cover costs, with immediate effective date upon passage.

Issues: ✓ Transportation

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 14, 2026 Last action Feb 11, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 7 edits

MODERATE

The bill was significantly rewritten to shift focus from a general municipal improvement program to a specific 'Orphan Road Program' for roads not maintained by any government, and to introduce a new legal structure called 'Infrastructure Only Common Ownership Associations' for private groups to manage shared infrastructure. The scope expanded to include counties and municipalities acquiring roads, while the new association section allows private homeowners to legally organize for road maintenance, addressing gaps in current law.

Scope change

The bill's scope expanded from solely municipal improvements on non-state roads to include a formal county/municipal acquisition program for 'orphan roads' and a new private-sector mechanism for infrastructure ownership.

SCOPE

Added a specific program allowing counties and municipalities to acquire and maintain roads that are not owned or maintained by any governmental entity.

Changed the bill's title and focus from a general 'Non-State Owned Roads Improvement Act' to a more specific 'County and Municipal Orphan Road and Bridge Acquisition Program'.

DEFINITION

Defined 'orphan roads' as existing roads with public access that are not maintained by any agency, creating a new category for government intervention.

REQUIREMENT

Established new criteria for accepting orphan roads, including resource availability, public usage, and condition, requiring rights-of-way to be donated or purchased.

Added requirements for public notification and transparency for both government acquisition of orphan roads and private creation of infrastructure associations.

TECHNICAL

Created a completely new chapter establishing 'Infrastructure Only Common Ownership Associations' to allow private groups to legally administer shared roads, utilities, and telecommunications.

ELIGIBILITY

Shifted the primary focus from general municipalities to a specific program for counties and municipalities, while adding a parallel private-sector pathway.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 11, 2026

Committee

To House Judiciary

lower

Feb 11, 2026

Committee

By substitute, do pass, but first to Judiciary

lower

Feb 3, 2026

Committee

To House Energy and Public Works

lower

Jan 15, 2026

Committee

To House Environment, Infrastructure, and Technology

lower

Jan 14, 2026

Committee

To House Energy and Public Works

lower

Jan 14, 2026

Introduced

Introduced in House

lower

1 primary · 0 co-sponsors