West Virginia - Almost Heaven Welcome to APA West Virginia
WV APA is the West Virginia state chapter of the American Planning Association (APA) Our organization is comprised of professional and citizen planners who work to support responsible planning throughout the state. Membership is open to professional planners employed in planning or a related field, lay planners who serve on planning commissions or boards of zoning appeals, student members who are enrolled in a course of study in planning or a related field, and citizens interested in planning for their communities.
SPECIAL NOTICE WV 8A Article 13 is live!
Article 13, adopted during the 2024 Legislative Session via SB 782 is now live. It completed legislation and was effective 90 days from passage which was June 2, 2024. HOWEVER, it was not listed on the West Virginia State Code website (see link button below) until some time between February 2 and March 13, 2025 (per the wayback machine at https://web.archive.org/ which takes snap shots of website pages).
Article 13 creates local permitting deadlines for any request for a permit, license, variance, or any other type of prior approval from a governing body or planning commission: The governing body or planning commission have 60 days to approve/deny request. If not approved/denied within 60 days, then the request is approved. The time limit begins upon receipt of a request. Please note: Article 13 does not define what receipt of a request is.
Additionally, a planning commission may not impose on the applicant additional requirements related to the request once approved.
If denies the request, then must provide the applicant a statement in writing of the reasons for the denial. If denies for being incomplete, then must provide the applicant a statement in writing of the reasons the request is incomplete. The request is incomplete if the request fails to contain all information required by law or by a previously adopted rule, ordinance, or policy.
The time limit may be extended but the following applies: The time limit is extended if a request requires prior approval of a state or federal agency. The time limit is extended to 60 days after the required prior approval is granted. The extension may not exceed 60 days, unless approved by the applicant. An applicant may request an extension in writing. The time limit does not apply to state agencies.
WV State Legislature now in Session Current Pieces of Legislation directly affecting WV 8A
SB 459 amends 8A-2-3 to 5
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
HB 2148 amends 8A-7-3
That any Tourism and Commercial Opportunity Zone created shall take precedence over and supersede any local or county land use ordinance in conflict with such Tourism and Commercial Opportunity Zone.
HB 2189 amends 8A-13 (adopted last year)
The governing body or planning commission of the municipality or county must approve or deny the applicant's request within 60 days
HB 3026 amends 8A-7-10
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
HB 3052 creates NEW 8A-7A-1 and 2
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
HB 3053 creates NEW 8A-&-14 and 15
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.
HB 3054 amends 8A-7-2
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.
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There are also several other bills which may indirectly affect Planning in West Virginia. Please Click on 2025 Legislative Planning Related Review for more information
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First Day of Session Feb 12, 2025
Crossover Day Apr 2, 2025 – Last day to read bill in house of origin. Any bills not past third reading on this day and still is original house are officially dead.
Last Day of Session Apr 12, 2025 – Adjournment at midnight.
WV APA wants you! New Members Packet
Membership is open to professional planners employed in planning or a related field, lay planners who serve on planning commissions or boards of zoning appeals, student members who are enrolled in a course of study in planning or a related field, and citizens interested in planning for their communities.
AICP Bylaw Revisions AICP Commission approved a set of amendments to the AICP bylaws.
This is the first revision since March 2017. These amendments include improved consistency in terminology with APA Bylaws, editorial changes, clarifications to existing policies, and updates to reflect modern business practices.
Current job postings Job Opportunities
These are the current job postings:
LWCF Program Manager for WV Community Advancement and Development (CAD) Division in Charleston, WV
Planner for City of Morgantown Development Services Department in Morgantown, WV
Transportation Planner for Belomar Regional Council in Wheeling, WV
