Prohibiting discharge of concentrated highway runoff onto private property
SB 711 prohibits West Virginia's Division of Highways from discharging concentrated highway runoff onto private property if it causes flooding, erosion, or damage, unless water is directed to a "lawful outfall" like natural waterways, public drainage systems, or designed retention ponds. The bill authorizes the state highway agency to extend drainage facilities beyond road rights-of-way, acquire necessary easements (including via eminent domain), and perform limited temporary maintenance on private property to address drainage issues. It applies to new highway projects and existing drainage systems where infrastructure has altered natural patterns and caused recurring property damage. The law also limits the state's liability for unavoidable flooding during extreme weather or natural drainage conditions not caused by highway work.
Bill status
introduced
1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 2, 2026
Last action Feb 2, 2026
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Full legislative history
Actions timeline
Total actions
4
Key actions
0
Committee
0
Feb 2, 2026
Introduced
Introduced in Senate
upper
1 primary · 1 co-sponsor
Sponsors
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