W. Va. Code R. § 61-12D-7

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 61-12D-7 - Exceptions

7.1. When a person owns a right-of-way wholly on his private or corporate property, he may ask the commissioner for an exception from the prior notification requirements of section 3 of this rule. The commissioner may grant an exception from these requirements in situations where prior notification does not serve to protect the public interest. The commissioner shall consider each request for an exception on a case by case basis.

7.2. Persons requesting a deviation from Section 3 of this rule shall provide the Commissioner with the following information.

7.2.a. the location of the rights-of-way to be sprayed;

7.2.b. the distance from the rights-of-way to residences, public highways, agricultural lands or navigatible rivers; and

7.2.c. the herbicides to be sprayed, including application rates.

W. Va. Code R. § 61-12D-7