West Virginia Code of State Rules Agency 220 - Multimodal Transportation Facilities
I. Overview of West Virginia CSR Agency 220 – Multimodal Transportation Facilities
Agency 220 governs the development, operation, and regulation of multimodal transportation facilities in West Virginia. This includes:
Public transit
Railways
Ports
Airports
Bicycle and pedestrian infrastructure
Other integrated transportation systems
Purpose of Agency 220 rules:
Ensure safe, efficient, and accessible transportation across multiple modes.
Facilitate coordination among public, private, and local entities.
Promote economic development and mobility.
Protect public safety and environmental compliance.
Define procedures for planning, funding, construction, operation, and maintenance of multimodal facilities.
Statutory authority:
Derived from the West Virginia Code §17-16A et seq. (Multimodal Transportation Act), which authorizes the state to plan, fund, and regulate integrated transportation projects.
II. Structure of Agency 220 CSR
1. Planning and Project Approval
Rules establish requirements for:
Project proposals: Detailed plans, environmental assessments, and cost estimates
Public hearings: To ensure community input and transparency
Interagency coordination: Cooperation with local governments, public transit authorities, and federal agencies
Legal significance:
Courts require adherence to procedural rules; failure to hold public hearings or conduct environmental review may invalidate project approvals.
2. Funding and Financing
Rules specify eligible sources: federal grants, state funds, bonds, and public-private partnerships (PPP).
Budgeting and cost-sharing rules ensure accountability.
Restrictions prevent misuse of funds or unauthorized debt issuance.
Case law principle:
Courts uphold strict adherence to statutory funding limits. Misallocation of funds can be challenged as ultra vires (beyond legal authority).
3. Construction and Operational Standards
Safety and design standards for:
Roads and highways
Rail tracks and terminals
Airports and ports
Bicycle and pedestrian paths
Maintenance protocols and emergency procedures
Accessibility compliance under ADA (Americans with Disabilities Act)
Legal significance:
Operators and contractors must meet technical standards; failure can result in liability for accidents or regulatory penalties.
4. Environmental Compliance
Rules require environmental review and mitigation measures, including:
Air and water quality protection
Noise abatement
Preservation of natural habitats
Projects must comply with West Virginia environmental statutes and federal requirements
Case law principle:
Courts have voided approvals for multimodal projects where environmental review was incomplete or ignored.
5. Permits, Licenses, and Approvals
Entities must obtain permits to:
Operate transportation facilities
Make major alterations or expansions
Install safety-critical infrastructure
Commission or state authority may suspend or revoke permits for violations
Legal significance:
Courts generally defer to Agency 220’s expertise but ensure that revocation decisions follow WV APA procedures.
6. Safety, Enforcement, and Penalties
Enforcement authority includes:
Civil fines for noncompliance
Orders to cease unsafe operations
Corrective measures
Safety inspections are mandatory, and operators must maintain accurate records
Legal significance:
Courts uphold Agency 220 enforcement as long as procedural due process is followed.
III. Case Law Principles Relevant to Agency 220
Although case law directly referencing CSR 220 is limited, courts have established key principles applicable to multimodal transportation regulation:
1. Procedural Due Process
Operators, contractors, and affected parties are entitled to notice, hearing, and appeal for decisions affecting permits or operations.
Failure to comply with procedural requirements can lead to court invalidation of agency actions.
Example principle:
Denial of permit without a public hearing is a violation of procedural due process.
2. Statutory Authority and Agency Discretion
Courts defer to Agency 220’s technical and operational expertise, including project safety standards, environmental compliance, and design approval.
Deference applies as long as the agency acts within statutory authority.
Legal takeaway:
Courts rarely substitute their judgment for agency expertise in transportation planning or engineering decisions.
3. Environmental Review and Compliance
Environmental regulations are strictly enforceable.
Courts will invalidate projects if the agency fails to:
Conduct environmental assessments
Consider mitigation measures
Follow public comment procedures
Theme:
Public interest and environmental protection can override project expediency.
4. Public Funding and Fiscal Oversight
Misuse of public funds is legally actionable.
Courts have held that financing outside statutory authority (e.g., bonds issued without legislative approval) is invalid.
Transparent recordkeeping is essential for audits and legal protection.
5. Safety and Liability
Agency 220 rules enforce safety standards; noncompliance may create civil liability for accidents.
Courts often uphold agency-imposed penalties for unsafe operations.
Principle:
The state has broad authority to regulate safety in multimodal facilities to protect the public.
IV. Practical Implications
Operators and contractors must strictly follow permit, construction, and maintenance rules.
Environmental compliance is non-negotiable; incomplete reviews risk legal challenges.
Public participation matters: hearings, notice, and comment procedures are legally binding.
Funding and fiscal compliance must align with statutory authority; misuse can trigger nullification of projects.
Safety enforcement is strongly supported by courts; liability and penalties are likely for violations.
V. Summary
West Virginia CSR Agency 220 – Multimodal Transportation Facilities ensures:
Coordinated, safe, and efficient transportation across multiple modes
Protection of public safety and environmental resources
Transparent project planning, funding, and execution
Clear enforcement authority and due process for disputes
Key legal themes from case law:
Courts defer to Agency 220 expertise for technical, operational, and safety standards.
Procedural fairness is required under WV APA.
Environmental compliance and public input are strictly enforced.
Public funds and statutory authority limitations are legally binding.
Safety violations carry civil and administrative liability.
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