State record · WV · 2026-09-01 · Not yet retrieved
West Virginia
Not yet retrieved. Occupancy is listed. An ALPR-named highway form is not. Empty is honest. Do not fill it in from another state.
- Highway system Primary
- State roads and highways under the Commissioner of Highways / Division of Highways. W. Va. Code § 17-2A-8 assigns the commissioner general supervision over the state road program and the construction, reconstruction, repair, and maintenance of state roads and highways.
- Owner Primary
- West Virginia Division of Highways (WVDOH), Commissioner of Highways. § 17-2A-17: the commissioner may acquire property in the name of the Division of Highways for state road purposes.
- Right-of-way Primary
- W. Va. Code § 17-2A-17 (acquisition; not a definition section). § 17-2A-17 lets the commissioner acquire real property, easements, riparian rights, or rights of access deemed necessary for present or presently foreseeable future state road purposes. For a public road, only the right-of-way shall be acquired (not fee simple of the whole). That is an acquisition rule, not a packed geometric definition. Do not substitute Florida § 334.03(21).
- Public records Primary
- West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.; inspection § 29B-1-3). Who may request: Every person has a right to inspect or copy any public record of a public body in this state, except as otherwise expressly provided by § 29B-1-4. A request is made directly to the custodian and must state with reasonable specificity the information sought. The custodian shall, as soon as practicable but within a maximum of five days not including Saturdays, Sundays, or legal holidays, furnish copies, advise of a time and place to inspect and copy, or deny in writing with reasons.
- Open meetings Primary
- Open Governmental Proceedings Act (W. Va. Code § 6-9A-1 et seq.)
- ALPR statute None found
- No enacted West Virginia ALPR statute was retrieved. Proposed Article 17C-6A (2019 S.B. 646; 2020 S.B. 2, “Providing for automated license plate reader systems”) never left Government Organization. 2026 H.B. 4628 (PEEPS Act) named license plate readers as a collection method and died in House Judiciary. § 17C-6-7a is a traffic-law photo-monitoring ban, not an ALPR use or retention statute. NCSL’s 2022 ALPR-statute table does not list West Virginia. Empty beats packing an intro or a speed-camera ban as ALPR law.
- ROW permit Primary
- Encroachment Permit (Form MM-109) — not an ALPR-named instrument. Who may apply: WVDOH’s Encroachment Permits page is written for property owners building new driveways: permits are required by state law so there is no uncontrolled access to state highways; they are granted when the driveway or approach is for legitimate access to private property and meets DOH specifications. Displays or operation of a private business are not allowed on state-owned right-of-way, nor storage, parking, or servicing of vehicles. Form MM-109 is the Encroachment Permit (mail or deliver to the District/County Permit Office, or file via the WVDOT Permit Portal); SM-6 is the Encroachment Bond. The Railroads & Utilities page lists the same form as “MM-109 Right of Way Entry Permit Application” among utility documents. Neither retrieved page names an ALPR applicant class, cameras, or public-safety sensors.. Primary as driveway/access encroachment and as a utility ROW-entry form. Unpublished: no ALPR statute and no ALPR-named DOH instrument. Do not copy Florida GUP, Minnesota OLPA, or Utah Special Use.
Packed as the acquisition rule. A standalone “right-of-way means…” definition was not found in the retrieved sections. § 17-16-6 is a permit trigger for openings and structures, not a width definition.
Primary as driveway/access encroachment and as a utility ROW-entry form. Unpublished: no ALPR statute and no ALPR-named DOH instrument. Do not copy Florida GUP, Minnesota OLPA, or Utah Special Use.
https://transportation.wv.gov/encroachment-permits
Install process in this state
No packed ALPR statute and no ALPR-named DOH form. Steps are the retrieved highway-owner and encroachment facts, not an install recipe.
- This is WVDOH state road right-of-way under Chapter 17, not Florida’s State Highway System. Do not import FAC 14-20.010.
- West Virginia has no packed ALPR statute. 2019 S.B. 646, 2020 S.B. 2, and 2026 H.B. 4628 are intros, not law. Do not invent a retention period. Do not treat § 17C-6-7a (traffic-law photo-monitoring ban) as an ALPR-use statute.
- WVDOH’s retrieved Encroachment Permits page (Form MM-109 / bond SM-6) is written for driveways and approaches. The Railroads & Utilities page lists MM-109 as a Right of Way Entry Permit Application. Neither names ALPR. Empty beats calling MM-109 the camera permit.
- § 17-16-6 requires a written permit before an opening is made or a structure placed in a state or county-district road. That is a general obstruction/opening rule, not an ALPR install path.
- FOIA still splits: clerk (votes), purchasing (contract), police (policy). Add a DOH MM-109 file only if one exists for that site. Do not copy Johnson City, Tennessee contract terms into this pack.
Primary
Where to ask
City or county clerk / custodian of the record
Minutes, resolutions, vote records (FOIA § 29B-1-3 — request goes to the custodian)
Purchasing / finance
Contract, amendments, invoices
Law-enforcement agency
Use policy if one exists — no statewide ALPR-file mandate packed
WVDOH District / County Permit Office
MM-109 encroachment / ROW-entry file if one exists — not an ALPR-named file
West Virginia has no packed statewide ALPR statute as of 1 Sept 2026.
Supported as a none-found hunt. 2019/2020 Article 17C-6A intros and 2026 H.B. 4628 are not law. Enactment after retrieval day is Unproven.
WVDOH Form MM-109 is the named instrument for placing ALPR in state road right-of-way.
Retrieved encroachment page is driveway/access. Railroads & Utilities lists MM-109 as a Right of Way Entry Permit Application. Neither names ALPR.
Sources in this pack
W. Va. Code § 29B-1-1 — Freedom of Information Act, declaration of policy primary
West Virginia Legislature (code.wvlegislature.gov) · accessed 2026-09-01
https://code.wvlegislature.gov/29B-1-1/W. Va. Code § 29B-1-3 — Inspection and copying of public record primary
West Virginia Legislature · accessed 2026-09-01
https://code.wvlegislature.gov/29B-1-3/W. Va. Code § 6-9A-1 — Open Governmental Proceedings Act, legislative policy primary
West Virginia Legislature · accessed 2026-09-01
https://code.wvlegislature.gov/6-9A-1/W. Va. Code § 17-2A-8 — Powers, duties, and responsibilities of commissioner primary
West Virginia Legislature · accessed 2026-09-01
https://code.wvlegislature.gov/17-2A-8/W. Va. Code § 17-2A-17 — Acquisition of property for state road purposes primary
West Virginia Legislature · accessed 2026-09-01
https://code.wvlegislature.gov/17-2A-17/W. Va. Code § 17-16-6 — Permit for openings in or structures on public roads primary
West Virginia Legislature · accessed 2026-09-01
https://code.wvlegislature.gov/17-16-6/Written permit from the state road commission (now Commissioner of Highways) or county court before an opening or structure in a state or county-district road. Not ALPR-named.
Encroachment Permits (Form MM-109 / Encroachment Bond SM-6) primary
West Virginia Department of Transportation / Division of Highways · accessed 2026-09-01
https://transportation.wv.gov/encroachment-permitsDriveway/access framing. Does not name ALPR. Links the WVDOT Permit Portal.
Railroads & Utilities — MM-109 Right of Way Entry Permit Application primary
West Virginia Department of Transportation / Division of Highways · accessed 2026-09-01
https://transportation.wv.gov/railroads-utilitiesLists MM-109 among utility documents. Small-wireless and fiber guidance listed. No ALPR.
What was checked
2026-09-01
https://code.wvlegislature.gov/17C-6A/ and /17C-6A-1/; Code search for automated / automatic license plate reader
Article 17C-6A does not exist as enacted Code. No ALPR article packed. none_found.
2026-09-01
2019 S.B. 646 and 2020 S.B. 2 bill-history pages (proposed Article 17C-6A, automated license plate reader systems)
Both intros. 2019 S.B. 646 last action To Government Organization 18 Feb 2019. 2020 S.B. 2 last action To Government Organization 8 Jan 2020. Not law.
2026-09-01
2026 H.B. 4628 PEEPS Act (license plate readers named as a collection method) and NCSL 2022 ALPR table
H.B. 4628 last action To House Judiciary 21 Jan 2026 — not enacted. NCSL 2022 does not list West Virginia.
2026-09-01
https://code.wvlegislature.gov/17C-6-7a/
Primary: § 17C-6-7a traffic-law photo-monitoring ban (images of vehicle, operator, or license plate). Subsection (e) leaves other lawful purposes open. Not packed as an ALPR statute.
2026-09-01
https://transportation.wv.gov/encroachment-permits and WVDOT Permit Portal https://wvdotportal.wvoasis.gov/
Primary Encroachment Permits page: Form MM-109 / bond SM-6. Driveway/access framing. Does not name ALPR, LPR, cameras, or sensors. Portal page yielded insufficient extract (no ALPR type listed there either).
2026-09-01
https://transportation.wv.gov/railroads-utilities (MM-109 Right of Way Entry; Small Wireless Facilities Guidance; fiber-optic permitting)
Primary: same MM-109 listed as Right of Way Entry Permit Application among utility documents. Small-cell and fiber docs listed. No ALPR/LPR.
2026-09-01
https://transportation.wv.gov/employees/DOHAdminProcs/DOH0205.pdf
404 after site migration. Not packed.
2026-09-01
https://code.wvlegislature.gov/29B-1-1/ , /29B-1-3/ , /6-9A-1/ , /17-2A-8/ , /17-2A-17/ , /17-16-6/
Primary FOIA (five-day custodian clock), open meetings, commissioner powers, ROW acquisition, and openings/structures permit packed.