SB 175

Prohibiting counties from double-taxing rental properties

(a) All taxes assessed against owners of residential rental properties by a county or municipality must be at the same rate as if the rental property were owner-occupied housing.

(b) No county or municipality may assess any additional property taxes on residential

rental properties based on zoning.

See HB 2868 HB 3075

In Senate Committee

SB 278

Prohibiting obscene materials in or within 2,500 feet of WV schools

As stated in subheading.

Could affect current zoning/land use within cities/counties.

In Senate Committee

SB 459

Requiring county planning commission members be state residents

Was originally about development authorities, require that members of county and municipal development authorities are West Virginia residents with at least five years of continuous West Virginia residency immediately preceding the appointment and residents of the county or municipality in which the development authority is situated.

Committee Sub:

Each member of a planning commission must be:

(1) A West Virginia resident who has maintained continuous West Virginia residency for the three years immediately preceding his or her appointment;

(2) A resident of the municipality for one year immediately preceding his or her appointment

Does not effect BZA

House Committee

See HB 2818

SB 671

Creating By-Right Housing Development Act

create a By-Right Development Act, which would establish a by-right housing development act to streamline the approval process for development when that proposed development meets all the rules for such development in a given community.

Senate Committee

SB 673

Defining third-party challenges to development permits

Only property owners: (a) with property physically adjacent to the property that is the subject of the development permit; and (b) that can demonstrate a concrete and particularized harm to their physically adjacent property shall have standing to challenge development permits.

To minimize delays and uncertainty associated with legal challenges to development permits, the relevant authority shall establish an expedited review process for resolving disputes within 60 days.

In Senate Committee

SB 818

Power Generation and Consumption Act of 2025

establish the Certified Microgrid Program administered by the Division of Economic Development.

(d) In accordance with subsections (b) and (c) of this section, and notwithstanding any provision of this code to the contrary, or any municipality’s home rule powers with respect to ordinances and ordinance procedures, including any authority pursuant to the Municipal Home Rule Program under §8-1-5a of this code, certified microgrid districts and certified high impact data centers may not be subject to the following: (1) County or municipal zoning, horticultural, noise, viewshed, lighting, development, or land use ordinances, restrictions, limitations, or approvals; (2) County or municipal building permitting, inspection, or code enforcement; (3) County or municipal license requirements; (4) The legal jurisdiction of the county or municipality in which the certified microgrid district or certified high impact data center is entirely or partially located, except as specifically provided in this article; (5) Any requirement under state law for the consent or approval of the municipality in which a certified microgrid district or certified high impact data center is entirely or partially located of any state or county action pursuant to this code, specifically including, but not limited to, §7-11B-1 et seq. of this code, for formal consent of the governing body of a municipality for county or state action regarding the establishment of tax increment financing development or redevelopment districts or the approval of tax increment financing development or redevelopment plans

In Senate Committee

HB 2105

Citizen and State Accountability Act

Requires the Governor’s consent to accept certain grants.

May cause issues if applying for grants related to zoning.

In House Committee

See HB 3171

HB 2148

Relating to the Tourism and Commercial Opportunity Zone Tax and Tax Credit Act

That any Tourism and Commercial Opportunity Zone created pursuant to the authority of §11-13PP-1 et seq. shall take precedence over and supersede any local or county land use ordinance in conflict with such Tourism and Commercial Opportunity Zone.

Affects zoning within these areas.

In House Committee

HB 2189

To modify local permitting deadlines for permits, licenses, variances, or other types of approval from a governing body or planning commission of a municipality or county

The governing body or planning commission of the municipality or county must approve or deny the applicant's request within 60 days

Does not outline what constitutes receipt, is in direct conflict with other portions of 8A.

In House Committee

HB 2451

To facilitate the creation of home-based businesses

A municipality shall not prohibit a no-impact home-based business or otherwise require a person to apply, register, or obtain any permit, license, or other type of prior approval from the municipality to operate a no-impact home-based business as defined as (1) The total number of on-site employees and clients do not exceed the municipal occupancy capacity. (2) The business activities are characterized by all of the following: (A) Are limited to the sale of lawful goods and services; (B) Do not generate on-street parking or a substantial increase in traffic through the residential area; (C) Occur inside the residential dwelling or in the yard; (D) Are not visible from the street.

Impacts zoning ordinances

Senate Committee

HB 2454

Relating to clarifying the Right to Farm Act relating to residential agricultural operations and the protection of agriculture

No town, city, municipality, or political subdivision may prohibit urban agriculture or agricultural residential land or cause a permit or license to be issued or obtained to engage in the practice of urban agriculture as defined as "Agricultural residential land" means any amount of land zoned for residential purposes, and the improvements or appurtenances thereon, used or usable for the purposes of urban agriculture in the production of food for consumption by the owner or operator of the residential agricultural land, or for the production and sale of non-potentially hazardous foods as defined by §19-35-2, limited to cultivation or tillage of the soil and by the conduct of apiary or poultry husbandry, and the practice of silviculture, horticulture, harvesting of silviculture conducted by the proprietor of the agricultural residential land, and all farm practices "Urban agriculture" means the keeping, maintaining, raising, and/or harboring of up to six domesticated chicken hens or any apiary within any town, city, municipality, or political subdivision for personal consumption or the production and sale of a non-potentially hazardous food.

Impacts zoning ordinances

In House Committee

HB 2592

Right to keep and bear arms

Make all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments invalid and unenforceable.

Notwithstanding the provisions of this article, local governments may enact zoning ordinances to regulate the manufacture of arms and ammunition, pursuant to chapter 8A of this code: Provided, That the regulation does not restrict or hamper the manufacture more than any other comparable industry within the jurisdiction of the local government.

Impacts zoning ordinances

In House Committee

HB 2725

Defining Urban Agriculture

"Urban agriculture" shall mean any agricultural operation or practice within an urban or suburban area, on public land or private property within municipal boundaries, with the purpose of encouraging economic development, promoting better conservation practices, and providing improved access to fresh local food and agricultural products by encouraging urban agriculture.

See HB 2454

In House Committee

HB 2868

Prohibiting counties from double-taxing rental properties

(a) All taxes assessed against owners of residential rental properties by a county or municipality must be at the same rate as if the rental property were owner-occupied housing.

(b) No county or municipality may assess any additional property taxes on residential rental properties based on zoning.

See SB 175 HB 3075

In House Committee

HB 3026

Relating to zoning ordinances and their effects

The word "use" in subsection 8a-7-10 e means domestic use, farming, or activities on the land from where water was drawn, including use on property owner’s land or a separate parcel of land owned or leased by the property owner, but not extraction for commercial sale, nor shipment outside of West Virginia directly or indirectly

In House Committee

HB 3052

Accessory dwelling units

Requires municipalities to adopt regulations under this chapter that allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling including but not limited to:

1) a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling

2) ADU may may not be more than 75% of the gross floor area of the single-family dwelling or 1,000 square feet

3) no requiring a familial, marital, or employment relationship between the occupants of the single family dwelling and the occupants of the accessory dwelling unit

4) can’t set maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those for the single-family dwelling on the lot;

5) one-time application fee may be up to $250 for each ADU

6) "By right" means the ability to be approved without requiring: (A) A public hearing; (B) A variance, conditional use permit, special permit, or special exception; or (C) Other discretionary zoning action other than a determination that a site plan conforms with applicable zoning regulations;

7) "Municipality" means an incorporated city, town, or consolidated city-county that exercises zoning powers under this part; and (e) "single-family dwelling" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit.

Would take effect January 1, 2026

In House Committee

See HB 3053 HB 3054

HB 3053

Legalizing multifamily land owned by mission-driven non-profits

Revise municipal zoning laws to allow for accessory dwelling units; require municipalities to adopt certain regulations in relation to accessory dwelling units; prohibit certain regulations in relation to accessory dwelling units; allow a municipality to charge a fee to review applications to create accessory dwelling units; and establish zoning regulation criteria and guidelines

In House Committee

See HB 3052 HB 3054

HB 3054

Prohibiting municipal zoning regulations from imposing certain minimum lot sizes

Adds: Zoning ordinances may not include a requirement to implement a minimum lot size for a parcel or lot with an accessory dwelling unit that is larger than the minimum lot size for other single-family dwellings or townhouses in the same zoning district.

In House Committee

See HB 3052 HB 3053

HB 3075

To end double taxation on rental properties

(a) All taxes assessed against owners of residential rental properties by a county or municipality must be at the same rate as if the rental property were owner-occupied housing.

(b) No county or municipality may assess any additional property taxes on residential rental properties based on zoning.

In House Committee

See SB 175 HB 2868

HB 3144

Wireless Infrastructure and Facilities Siting and Co-location

Review periods for individual applications. The following are the presumptively reasonable periods of time for action on applications seeking authorization for deployments of facilities subject to this Chapter: (A) Review of an application to colocate a facility using an existing structure: 90 days. (B) Review of an application to deploy a facility using a new structure: 150 days.

Fees for applications. A reviewing authority may not impose on an applicant fees or charges that exceed the one-time non-recurring reasonable costs actually incurred by the reviewing authority to review the application.

The state adopts and incorporates by reference the current TIA 222 Standard of the International Building Code, as amended, as the applicable wireless infrastructure construction code

Gives a host of definitions including: colocation, site, substantial change, tower, transmission equipment

Senate Introduction

HB 3171

Requiring Governor’s consent to accept certain grants

requires written consent for major grant requests by the Governor. The bill permits the Governor to prohibit the submission of a minor grant application or prohibit the acceptance of any such grant. The bill repeals all statutes that conflict with the Citizen and State Accountability Act.

Major grant" means any grant or cooperative agreement over $1 million. "Minor grant" means any grant or cooperative agreement $1 million or less.

May cause issues if applying for grants related to zoning

In House Committee

See HB 2105