House 4040

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4040

By Delegate Mallow

[Introduced January 14, 2026; referred to the Committee on Energy and Public Works then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-6 ,and §8-13B-7, relating to non-state owned road repair by municipalities; providing a short title; providing definitions; establishing authority for municipalities to improve non-state owned roads; clarifying legal protection against litigation; establishing public notification and transparency; authorizing funding; and providing an effective date.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13B. Non-STATE OWNED Roads Improvement Act.

§8-13B-1. Short title.

This act may be cited as the "Non-State Owned Roads Improvement Act".

§8-13B-2. Definitions.

For the purpose of this article

"Municipality" means any local government entity, including cities, towns, and counties.

"Non-state owned roads" means roads that are not owned or maintained by the state or federal government.

§8-13B-3. Authority to improve non-state owned roads.

Municipalities are hereby granted the authority to undertake improvements on non-state owned roads within their jurisdiction, which includes but is not limited to:

(1) Paving and resurfacing;

(2) Repairing potholes;

(3) Installing signage and traffic signals;

(4) Enhancing drainage systems; and

(5) Making road safety improvements.

§8-13B-4. Legal protection against litigation.

(a) No municipality shall be held liable in civil court for damages resulting from improvements made to non-state owned roads: Provided, That:

(1) The municipality undertook improvements in good faith;

(2) The improvements complied with applicable standards and regulations; and

(3) There was no gross negligence or willful misconduct involved in the improvement process.

§8-13B-5. Public notification and transparency.

(a) Prior to undertaking any improvements, municipalities shall provide public notification of proposed improvements, which may include:

(1) Posting a notice at municipal offices;

(2) Utilizing local media; or

(3) Engaging community meetings.

(b) Municipalities shall maintain transparency by publishing project details, timelines, and funding sources on their official websites.

§8-13B-6. Funding.

Municipalities are authorized to make improvements on non-state owned roads and may do so using:

(1) Existing municipal funds authorized for infrastructure development;

(2) State and federal grants dedicated to infrastructure development; and

(3) Partnerships with private entities.

§8-13B-7. Effective date.

This act shall take effect immediately upon its passage and approval.

NOTE: The purpose of this bill is to facilitate the improvement of non-state owned roads by municipalities while providing legal safeguards against litigation, ensuring that local governments can enhance infrastructure and ensure public safety effectively.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.