In The News

Elkins Council adopts new Comprehensive Plan

theintermountain.com - Sept 8, 2026

ELKINS - Elkins City Council has voted to adopt an updated Comprehensive Plan, the culmination of a planning and public-review process that began in 2023.

The newly adopted plan updates the city's 2015 Comprehensive Plan, reviewing progress made since then and identifying goals and recommendations based on current conditions and community needs.

"Comprehensive plans help local governments make decisions about land use, public investment, infrastructure, housing, transportation, economic development, recreation, and community services," a City of Elkins press release states. "They can also support grant applications by showing that proposed projects are based on an established planning process and identified community priorities."

The Elkins Planning Commission developed the new plan with assistance from the West Virginia University Land Use and Sustainable Development Law Clinic.

"The process included 15 Planning Commission meetings open to the public, 166 community survey responses, and responses from 30 local organizations and other stakeholders," the release states. "Information from the city's 2024-2029 Strategic Plan was also incorporated."

The Elkins Planning Commission presented a draft of the new plan at a public open house April 16. The formal adoption process began in May, with a public hearing on July 30. City Council received a presentation on Aug. 13, and held its own public hearing before adopting the plan on Sept. 3.

The plan is organized around six main subjects: public safety; housing; infrastructure and transportation; economic development; land use, recreation and community character; and technology and city services.

The plan’s recommendations include supporting police and fire services; addressing unsafe structures; encouraging homeownership and housing rehabilitation; maintaining water and sewer systems; improving sidewalks and pedestrian safety; implementing the Downtown Streetscape and Riverfront plans; evaluating annexation opportunities; improving access to city information; and modernizing city technology.

City officials stressed that the adoption of the comprehensive plan does not fund or authorize the recommendations. "Projects, expenditures, ordinances, and policy changes will still be considered separately through the city's regular review and approval processes," the release states.

The plan can be viewed at cityofelkinswv.gov/comprehensive-plan.

The last comprehensive plan was adopted by Elkins City Council in January 2015.

The Elkins Planning Commission began working on that comprehensive plan in early 2013, guided by legal and planning staff of the West Virginia University Land Use and Sustainable Development Law Clinic.

Commentary: Enfeebled Zoning Ordinance is first step for commercial sprawl and data centers

mountainmessenger.com - Sept 4, 2026

Ever since Greenbrier County’s current state senator and delegates voted with the majority last year to prevent local residents and governments from having a say in placement of data centers, communities across West Virginia have been holding their breath to see if they will be the next target for these monstrous industrial buildings. With their enormous consumption of local water supplies, noise, and massive power demands that drive up prices for all electrical ratepayers, these facilities blight the landscapes of rural communities that are unlucky enough to be chosen by the out-of-state corporations pushing them. Data centers proposed for Tucker, Berkeley, and eight other West Virginia counties have prompted other small Allegheny Mountain towns to watch for red flags that they might be next.

That’s one of the reasons why recent proposals by the Greenbrier County Commission to weaken the zoning ordinance governing areas around Lewisburg are so concerning. Although the zoned area comprises only about 8% of the county, the remaining 92% being unzoned, the Commission wanted to allow a broad range of commercial uses to be established there. The Open Space-Conservation district, an even smaller portion of the zoned area, is, as its name implies, intended to prevent commercial development in the farming area just west of Lewisburg along US 60 and I-64. Eliminating protections for this productive farmland, the scenic western gateway strongly associated with Lewisburg’s image throughout the state, is the first step. Along with commercial development, all that flat land would be an ideal target for data centers.

The Greenbrier County Planning Commission spent several years updating the zoning ordinance and recommended the revised version to the County Commission earlier this year. However, the County Commission rejected that version and out of public view, came up with a gutted ordinance that would have allowed 29 new commercial uses on the protected lands. Although they have recently scaled back some of these provisions, such things as commercial RV campgrounds, amphitheaters, multi-family condominiums, and mass-gathering events (weddings, rock concerts, etc. up to 108 days per year) remain as permissible uses. Many have asked “Why are they doing this?” The Commissioners would tell you this has nothing to do with data centers which they are powerless to control. However, weakening zoning protections has been observed elsewhere to be the first step in paving the way for such developments.

The Commissioners have scheduled new public hearings on their enfeebled ordinance for Sept. 14 and 15 at the State Fairgrounds. Residents of the zoned area as well as others concerned about responsible land use who want to protect open space, preserve their home values, and confine commercial sprawl to areas already designated for that should visit greenbrierlandalliance.org for more information. Please email the Commissioners and urge them to adopt the Planning Commission’s recommended version.

Governor Morrisey, Legislative Leaders Announce Unified Plan for Responsible Data Center Development in West Virginia

governor.wv.gov - Aug 11, 2026

CHARLESTON, W.Va. - Today, Governor Patrick Morrisey joined Senate President Randy Smith, House Speaker Roger Hanshaw, and leadership from the West Virginia Department of Commerce today at a joint press conference to announce a unified legislative and executive vision for the state's digital and economic future: the West Virginia Responsible Data Center Development Plan.

Watch the press conference here.

"Today, as the world stands on the cusp of a new digital and economic frontier, West Virginia is stepping forward once again to lead, not by repeating the mistakes of other states, but by implementing a proactive, 20-year development strategy on our terms,” said Governor Morrisey. 

The framework, developed in partnership with the West Virginia House and Senate, leverages the legislative authority of House Bill 2014, the Power Generation and Consumption Act, to establish state-level oversight and strict development criteria for hyperscale data centers.

Prior to the passage of HB 2014, more than 50 West Virginia counties lacked regulatory mechanisms to approve, condition, or deny large-scale data center projects. The new framework provides state and local officials with the tools to screen developers, attract high-value facilities to optimal locations, and protect local communities from unsuitable developments.

Key Principles of the West Virginia Responsible Data Center Development Plan:

• Comprehensive State Planning: West Virginia is leveraging a clean slate, starting with zero active hyperscale facilities, to build a 20-year comprehensive plan managed by the Data Economy Office under HB 2014. Developers must demonstrate baseline financial capacity, committed capital, and clear power load projections to qualify for certification, ensuring smart, location-optimal growth that rejects unsuitable projects.
• Direct Tax Relief for Citizens: None of the revenue generated through the High Impact Data Center (HIDC) designation process enters the state general revenue fund, and host county budgets cannot be negatively impacted. By law, 50 percent of project revenue is dedicated directly to reducing and ultimately eliminating the State Personal Income Tax. Local host counties receive 30 percent for schools and government operations, 10 percent is distributed across all remaining West Virginia counties, and 10 percent is allocated to local water, wastewater, and electrical infrastructure upgrades.
• Ratepayer Protection: House Bill 2014 shields families and small businesses from utility cost increases. Under the Ratepayer Protection Pledge, developers must build, bring, or procure their own energy resources and fully fund their own infrastructure and microgrid costs. Utility customers will not bear construction, operational, or grid upgrade expenses, allowing strategic development to help modernize the grid and drive down residential rates over time.
• Water Asset Protection: Full environmental oversight under the Water Resources Protection and Management Act and WVDEP regulations       remains fully intact. To further safeguard resources, the state is pioneering a shift toward next-generation technologies - including closed-loop systems, liquid immersion cooling, and reclaimed water integration  - positioning West Virginia as a national leader in Water Usage Effectiveness (WUE).
• Community Leadership & Local Oversight: A Data Center Advisory Council, comprising experts from local government, academia, conservation groups, industry, and utilities, will conduct meetings to recommend statewide standards for setbacks, noise mitigation, site security, and proximity to sensitive areas. Projects will rely on voluntary market transactions, require explicit burden-mitigation strategies for nearby properties, and must strictly adhere to all environmental regulations under West Virginia Code Chapter 22.
• Grid Reliability & Asset Integration: Developers must coordinate capacity requirements directly with utilities and comply with regional PJM, FERC, and NERC reliability frameworks. Facilities will operate under a structured demand-response model, utilizing on-site backup generation or curtailing power during peak stress periods to act as net assets to the grid and safeguard system resilience for surrounding communities.
• National Defense & Economic Security: Hyperscale facilities serve as foundational infrastructure in the global competition for leadership in artificial intelligence and advanced computing. Expanding domestic computational capacity within West Virginia secures critical digital infrastructure against strategic foreign adversaries like the People's Republic of China, directly strengthening national security while catalyzing high-tech economic ecosystems at home.

"This shared framework gives us the exact blueprint we need to attract billions in private investment, create thousands of high-paying construction and technology jobs, lower taxes for our citizens, and revitalize economically distressed regions, all while preserving the wild and wonderful state we call home," Governor Morrisey concluded.

For more information on the West Virginia Responsible Data Center Development Planor House Bill 2014, visit the West Virginia Department of Commerce website.

Morgantown zoning board rejects Abundant Life Recovery Housing proposed location after WVU opposition

wvmetronews.com - Aug 9, 2026

MORGANTOWN, W.Va. — The Morgantown Board of Zoning Appeals has rejected a conditional use variance for a proposed Abundant Life Recovery House on the downtown campus of West Virginia University.

Abundant Life Recovery Housing currently has two operations across the river in Westover, one for women and one for men.

The program is a faith-based program available only to those in recovery who have committed to the recovery process. Participants in the program cannot have violent or sexual offenses in their backgrounds, and they must be employed or pursuing an education.

WVU Vice President and Chief of Staff Erin Newmeyer testified at a recent BZA meeting the proposed location on University Avenue would be among many buildings that are open to the public during the semester. She noted as many as 40 percent of the participants in the program drop out, and those are the situations they’re concerned about.

“For the university, our primary duty is the uncompromising safety of our students, faculty, and staff,” Newmeyer said. “Parents trust us with their impressionable youth.”

Abundant Life Recovery Housing Board of Directors member Ryan Fell testified the institution is missing an opportunity to embrace the land-grant mission. He added that many of these people are already living or working in these areas of the city with no apparent problems.

“I think it is highly hypocritical of people of faith-based organizations in the land grant institution within our state to speak highly of recovery organizations and then turn their cheek when they come into their spaces,” Fell said.

The property would be home to about 30 people in recovery from the recovery process. Newmeyer said the concerns are not related to the recovery activities but to the location the care would be delivered. Residents there are mostly on the “honor system” with no enforcement order if they do relapse or decide to walk off the property.

“Not those who have chosen to do the hard work, to brave this path, and to live with it day in and day out. There is no judgement; there is no question here on behalf of the university,” Newmeyer said. “Our concern is more about that 30 to 40 percent that does not successfully stay on that path.”

WVU Vice President and General Counsel Stephanie Taylor testified the conditional use permit was for a halfway house and not a recovery house. Abundant Life Recovery Housing or another entity in the future could change the scope of operations under the conditional use permit, Taylor said.

“So although they have made the distinction about recovery house versus halfway house, it is granted as a conditional use as a halfway house,” Taylor said. “I think that is important for the particular neighborhood and community that we have here for that purpose.”

Newmeyer said the university would consider partnering with Abundant Life Recovery Housing, but the institution has declined an opportunity to provide any details. Abundant Life Recovery Housing and executive director Matt Johnson has declined comment. The organization could appeal the BZA ruling to Monongalia County Circuit Court.

“I want to be very clear: we do not have a current facility to offer as a swap for the property,” Newmeyer said. “But what we have said is we would be open to having discussions with our real estate team to support in any way that we could.”

NOTE: WVU was not the only organization that spoke in opposition of the plan.

Supreme court upholds municipal zoning authority over natural gas drilling

wvnews.com - Jun 3, 2026

CHARLESTON, W.Va. — The Supreme Court of Appeals of West Virginia ruled Wednesday that a municipality's local zoning laws are not entirely preempted by state environmental regulations, reinstating a lower court decision that favored the City of Weirton over a natural gas drilling company.

The high court reversed an opinion by the Intermediate Court of Appeals of West Virginia, which had previously found that the state's Natural Gas Horizontal Well Control Act stripped municipalities of their power to regulate the location of horizontal gas wells via local zoning ordinances.

Justice William "Bill" Wooton delivered the 4-1 opinion of the court, with Justice Charles Trump IV deeming himself disqualified and not participating, and Barbour/Taylor Circuit Judge Shawn D. Nines sitting by temporary assignment.

The legal battle began after SWN Production Company, LLC, which holds a lease to drill on a 301-acre tract within Weirton, applied for a conditional use permit in June 2021 to construct a pad for up to 14 horizontal gas wells. The Weirton Board of Zoning Appeals denied the permit in October 2021, citing unreliable traffic projections, failure to address impacts on the underlying aquifer, and incompatibility with the city's comprehensive commercial development plans.

SWN filed two actions in the Circuit Court of Brooke County: a petition for a writ of certiorari challenging the board's denial, and a declaratory judgment action claiming state environmental laws gave the Department of Environmental Protection exclusive power over drilling locations, invalidating the city's zoning rules.

The circuit court initially rejected SWN's preemption argument, but the Intermediate Court of Appeals subsequently reversed that ruling, pointing to state law that grants the Department of Environmental Protection "sole and exclusive authority to regulate the permitting, location, and any and all other drilling and production processes".

The Supreme Court rejected the intermediate court's analysis, characterizing the overlap between state and local authority as a "false conflict" resulting from separate entities legitimately pursuing their delegated legislative goals.

"SWN has demonstrated no more than an incidental overlap between the authority of the Department of Environmental Protection under the Horizontal Well Control Act and the authority of the City of Weirton pursuant to the Land Use Planning Act," Wooton wrote.

The court noted that while the state is sovereign, the Legislature explicitly delegated powers to municipalities under the Land Use Planning Act to plan orderly development and regulate specific land uses.

In a separate but consolidated appeal, the Supreme Court also affirmed the intermediate court's dismissal of SWN’s appeal regarding the denial of its conditional use permit. The high court agreed that the intermediate court lacked jurisdiction because the matter involved a writ of certiorari, which is an extraordinary remedy outside its statutory authority. Legal appeals of such zoning enforcement decisions must be made directly from a circuit court to the Supreme Court.