House/Senate Bill No.

Title of the Bill

What the Bill Does

How it may affect planning/zoning

Where in the process the bill is

See similar bill

SB 659

Prohibiting certain restrictions on regulation of accessory dwelling units

Except as provided in this section, a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.

(b) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.

(c) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it shall not be more than 75 percent of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less.

Can’t require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit;

Has app fee max of $250 per accessory unit

Passed Senate

Passed House

Communicated to Senate

See HB 4711

See HB 4732

SB 927

Clarifying Commissioner of Agriculture's authority to regulate bees

The commissioner shall have exclusive authority to register, permit, inspect, sample, and otherwise regulate the keeping and maintaining of bees, bee equipment, and apiaries in this state as provided in this article. No county, municipality, or other political subdivision may, whether by ordinance, charter, resolution, administrative act, or otherwise, enact, adopt, implement, or enforce any ordinance, regulation, or rule which relates to the registration, permitting, inspection, placement, location, or management of apiaries or which otherwise conflicts with the powers and duties of the commissioner or with rules promulgated by the commissioner pursuant to this article. Any such ordinance, regulation, or rule is preempted by the provisions of this article.

Can't zone apiaries

Passed Senate

House Committee

SB 1000

Regulating vape and smoke shop retailers

Engrossed Committee changes:

The vape or smoke retailer shall be located at least 300 feet from a church, school, or daycare center. This distance is to be calculated by measuring a straight line from the entrance to the property line of the nearest place in question.

Can’t use residence as business as well

Affect home occ?

Passed Senate

House Committee

See HB 5437

HB 5437

Creating the Vape Safety Act

A person, firm, or corporation shall not operate as a vape or smoke shop in or on any premises in the state without first obtaining a license issued by the commissioner pursuant to this article.

No commission, board, agency, officer, or employee of the county shall issue, grant, or approve any permit, license, certificate or any other authorization for any construction, reconstruction, alteration, enlargement or relocation of any vape or smoke shop building or structure, or for any use of land or building, that does not comply with the provisions of this article.

may affect zoning permitting

Passed House

Senate Intro

HB 5630

Relating generally to providing notice for amendments to a zoning ordinance.

Alternative to Certified Mail. In lieu of notice by certified mail provision set forth in §8A-7- 8(b)(1), the municipality or county may satisfy individual notice requirements by any combination of the following methods. Provided such methods are reasonably calculated to reach affected landowners, the intent of which is to reduce administrative burden and public cost while maintaining meaningful notice and public participation in the zoning amendment process: Regular First-Class Mail. Regular first-class mail addressed to the landowner of record as listed in the most recent property tax assessment; (2) Electronic Mail Notice. Electronic mail notice to any landowner who has voluntarily provided an e-mail address to the municipality or county for receipt of official notices: (3) Public Posting. Public posting of the notice on the municipality's or county's official website and in at least three public locations within the affected zoning district: and, (4) Publication of a summary of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance; (i) As a Class II-0 legal advertisement in accordance with the provisions of §59-3-1 et seq., at least 30 days prior to the planning commission's public hearing on the proposed amendment; and As a Class II-0 legal advertisement in accordance with the provisions of §59-3-1 et seq. at least 30 days prior to the governing body's public hearing and enactment of the proposed amendment.

changes certified mail requirement for changing the zoning map

Passed House

Senate committee

SB 165

Clarifying Right to Farm Act relating to regulation of honey bees

The authority to prohibit, regulate, inspect, and permit managed bees and apiaries and to adopt rules on the placement and location of apiaries shall be preempted by the Commissioner and supersedes any related ordinance, charter, regulation, or law adopted by any county, municipalities, or political subdivision.

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

Can't zone apiaries

Did not move out of Senate

See HB 4498

SB 411

West Virginia Land Use Association Registration Act

Each land use association (HOA) shall register on or before July 1 of each year with the Office of Secretary of State regarding the LUA’s operations for the preceding year.

The LUA registration form shall require, at a minimum, that an LUA provide the following information:

(1) The legal name of the LUA;

(2) The principal mailing address of the LUA;

(3) The address for service of process on the LUA;

(4) The names of the officers of the LUA; and

(5) The number of parcels that are included within the LUA.

may be helpful for planners receiving HOA calls

Did not move out of Senate

SB 407

Allowing orphan roads to be upgraded by certain entities

A homeowners’ association or similar entity may, at its own expense, upgrade an orphan road for the purpose of qualifying the road for acceptance into the state road system, with provisions

may help with HOA road repair issues

Did not move out of Senate

SB 483

Creating WV Officials Training Program Act

create a statewide program that provides foundational, advanced, and role-specific training for local public officials and board members; supports continuous professional development; strengthens governance outcomes; and equips public servants to competently perform the duties entrusted to them.

Participation is voluntary unless otherwise required by law; however, participation is strongly encouraged as a matter of sound governance and public stewardship.

may help with training of PC or BZA memembers

Did not move out of Senate

HB 4140

To allow counties to post legal ads on their website in lieu of print in local newspapers

Beginning on July 1, 2026, the county commission may post legal advertisements on the county website in lieu of publication in local newspapers.

Did not move out of House

unsure if this also includes their sub units such as planning commissions

HB 4498

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

the authority to prohibit, regulate, inspect, and permit managed bees and apiaries and to adopt rules on the placement and location of apiaries shall be preempted to the commissioner and supersedes any related ordinance, charter, regulation, or law adopted by any county, municipalities, or political subdivision: Provided, That nothing in this article shall be construed to override or pre-empt existing Homeowners Association’s bylaws restricting beekeeping.

Can't zone apiaries

Did not move out of House

See SB 165

HB 4530

Creating Retail Impact Intersection Improvement Fund

Deposited funds allocated by the West Virginia Legislature shall be used for the sole purpose of improvement, maintenance, and repairs of traffic intersections impacted by high impact retail operations solely for the purposes specified in §17-31-1 et seq.

Did not move out of House

HB 4702

Prohibiting municipal zoning regulations from imposing certain minimum lot sizes

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.

Did not move out of House

See HB 4754

HB 4711

Accessory dwelling units

(1) A municipality shall 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.

(2) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.

(3) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it may not be more than 75% of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less.

Host of municipality cannot items

may require a fee for reviewing applications to create accessory dwelling units. The one-time application fee may be up to $250 for each accessory dwelling unit. Nothing in this section prohibits a municipality from requiring its usual building fees in addition to the

application fee.

"Municipality" means an incorporated city, town, or consolidated city-county that exercises zoning powers under this part

Did not move out of House

See SB 659

See HB 4732

HB 4731

Relating to establishing the 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

All proposed housing developments, including ADUs and multifamily housing units, that meet the criteria outlined in the zoning code and land use regulations shall be approved by-right, without the need for discretionary review or approval by planning commissions, zoning boards, or other regulatory bodies.

Nothing in this act shall be construed to invalidate or limit the legality, enforceability, or effect of restrictive covenants or Condominium Association or Homeowners' Association (HOA) regulations. Courts shall recognize and enforce such covenants and Condominium Association or HOA regulations in accordance with applicable laws

Did not move out of House

HB 4732

Relating to zoning ordinances

A municipality shall adopt regulations under this section that allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.

(2) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.

(3) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it may not be more than 75% of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less

"Municipality" means an incorporated city, town, or consolidated city-county that exercises zoning powers under this section;

Did not move out of House

See SB 659

See HB 4711

HB 4737

Relating to municipal regulation of stairway requirements in certain apartment buildings.

every municipality to adopt ordinances that may authorize an apartment building to have a single stairway only if the building meets certain requirements.

Did not move out of House

HB 4754

Prohibiting municipal zoning regulations from imposing certain minimum lot sizes

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.

Did not move out of House

See HB 4702

HB 4832

Relating to the use of state water resources

Prior to the issuance of any final agency approval, permit, or certification for a high impact data center, the Department of Commerce, the Department of Transportation, and the Department of Environmental Protection shall jointly conduct at least one public hearing in the county in which the proposed data center is to be located.

The language here is ambiguous and could include permits by planning commissions/departments.

Did not move out of House

HB 4841

Allow county commissions to formally petition the Division of Highways regarding the repair of local roads

A county commission may formally petition the Division of Highways to make specific local road repairs or maintenance a priority.

Submission of a petition for a road or group of road in need of repair in their county which shall include:

(1) The name and location of the road;

(2) The condition of the road;

(3) How much traffic the road receives;

(4) Any complaints received on the road conditions;

(5) An estimate of the scope the repair; and

(6) An estimate of the cost to repair.

(c) Upon receipt of the petition the division shall:

(1) Acknowledge receipt of the petition within 15 business days.

(2) Provide a written decision no later than 90 calendar days from receipt of the petition which shall approve, defer, or deny the petition. A denial shall include an explanation why the petition was denied.

(3) For any petition where the estimate of repair is more than $100,000, the division shall hold at least one public hearing in the county or hybrid after providing legal advertisement for two weeks pursuant to §59-3-1 of the code.

Did not move out of House

HB 4928

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.

Did not move out of House

See HB 5532

HB 5009

Relating to zoning ordinances and their effects

Nothing in this chapter authorizes an ordinance, rule or regulation preventing or limiting, outside of municipalities or urban areas, the complete use (i) of natural resources by the owner; or (ii) of a tract or contiguous tracts of land of any size for a farm or agricultural operation as defined in §19-19-2 of this code by the owner

Defines the word "use" to mean "domestic use, farming, or activities on the land from where water was drawn, and not extraction for transport to another jurisdiction via bottling, storage, pipeline or otherwise."

Did not move out of House

HB 5069

Establish setback from residential properties for new windmills being constructed throughout the state.

(1) The minimum setback from any non-participating landowner's property line for any wind turbine which is part of a wind energy system shall be equal to one and one-tenth (1.1) times the total combined height of the tower, turbine, and maximum blade height to the nearest point on the property line: Provided, That a landowner may elect to sign a written waiver to allow any wind turbine or group of turbines which are part of a wind energy system to be placed less than the minimum set back provisions from the property line.

(2) The minimum setback from any non-participating landowner's residence for any wind turbine which is part of a wind energy system shall be equal to at least one and one-half (1.5) times the total combined height of the tower, turbine, and maximum blade height to the nearest point on the outside wall of the residence: Provided, That a landowner may elect to sign a written waiver to allow any wind turbine or group of turbines which are part of a wind energy system to be placed less than the minimum set back provisions from the residence.

(3) The minimum setback from paved public roads and overhead transmission lines of 115kV capacity or greater shall be equal to one and one-tenth (1.1) times the total combined height of the tower, turbine, and maximum blade height to such paved public road or transmission line

may affect zoning ordinances if they have wind turbine requirements

Did not move out of House

HB 5320

Welcome Act

West Virginia Enhanced Land Classification for Optimized Market Entry Act and cited as the "WELCOME ACT".

The purpose of this article is to address the housing shortage and encourage residential development through tax classification assessment changes by allowing a subdivision to retain its original tax classification until lots are sold.

Nothing in this article may be interpreted to invalidate or override deed restrictions, covenants, or homeowner association rules that properly limit or prohibit further subdivision within a recorded subdivision plat. Property subject to such covenants remains bound by them.

No county or municipality may adopt or enforce any ordinance, rule, or policy that prohibits or restricts a property owner from further subdividing land after selling or conveying any portion of a parcel.

affects subdivision regulations

Did not move out of House

HB 5532

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

House Committee

See HB 4928

HB 5549

Requiring Governor’s consent to accept certain grants

(1) "Local government" means any unit of government within a state, including a:

(A) County; (B) Municipality; (C) City; (D) Town; (E) Township; (F) Local public authority, including any public housing agency under the United States Housing Act of 1937; (G) Special district; (H) School district; (I) Intrastate district; (J) Council of governments, whether or not incorporated; and (K) Any other agency or instrumentality of a multi-, regional, or intra-state or local government.

(2) "Major grant" means any grant or cooperative agreement over $1 million.

(3) "Minor grant" means any grant or cooperative agreement $1 million or less.

No major grant shall be submitted to the grant-making entity for application unless the Governor provides written consent. At the Governor's discretion, he or she may allow the grant applicant to revise and resubmit the grant application for his reconsideration. The Governor may prohibit the submission of a minor grant application or prohibit the acceptance of any such grant

may affect grants applied for by PCs

Did not move out of House

HB 5632

Relating to local permitting deadlines

expand the deadlines for permitting to ensure the petitioners have adequate time for review and approval by local administrators and eliminate conflicts with other legal notice requirements for the type of approvals required under chapter 8A.

The governing body or planning commission fails to approve or deny the applicant's request within 60 days, then the request is approved: Provided, That nothing in this article shall be construed as to abrogate any required public notice

The time limit in §8A-13-2 of this code is extended if a request requires prior approval of a state or federal agency. The time limit is extended to120 days after the required prior approval is granted. The extension may not exceed 120 days, unless approved by the applicant.

Did not move out of House