Current Legislative Review

2024 Regular Legislative Session

There are currently over 2000 bills being reviewed during this session. 

First Day  of Session Jan 10, 2024

Crossover Day Feb 28, 2024 – 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 Mar 9, 2024 – Adjournment at midnight.

Below is call outs to important legislation as well as a table of all legislation possibly to affect APA WV updated accordingly.

SB 171 - Amend 7-1-3 and 7-1-3ff

Code Affected - Zoning Ordinances?

County commissions may not adopt or enact any authorization that contravenes or is stricter than any state law, rule, or regulation relating 34 to agricultural operations, as defined in §19-19-2 and same for pesticides. Also revokes previous authorizations.

Completed Legislation, Effective 90 days from passage May 13, 2024

SB 321 - Amend 8-12-15a See HB4782

Code Affected - Zoning Ordinances

Limiting municipalities’ authority to restrict purchase and storage of weapons and ammunition. Prevent municipalities from targeting protected businesses with planning and zoning ordinances more restrictive than those placed upon other businesses.

Committee substitute:

a municipality may not regulate a business entity by closing or limiting the operating hours of an entity engaged in the lawful selling or servicing of any firearm, including any component or accessory, ammunition, ammunition reloading equipment, and supplies, or personal weapons other than firearms, unless the closing or limitation of hours applies generally within the jurisdiction of commerce, nor shall a municipality place restrictions or quantity limitations regarding the lawful sale or servicing of any firearm or ammunition, any firearm or ammunition component or accessory, ammunition reloading equipment and supplies, or personal weapons other than firearms, all including indoor or outdoor shooting ranges.

In Senate 2nd reading Referred to Senate Rules

SB 364 - New Code 11a-5 1 to 3

Code Affected - Zoning Ordinances

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

In Senate Committee

SB 530 -Amend Code 7-20-6 See HB 4779

Code Affected - Impact Fees (removal of comp zoning requirement)

Remove the requirement for a county to draft and adopt comprehensive zoning ordinances for enaction of impact fees .

In House Committee

SB 541 - New Code 8-40 1 to 6, See HB 4943

Code Affected - Zoning Ordinances

Facilitates creation of home-based businesses, with certain conditions including: A municipality shall not require a person as a condition of operating a home-based business to: (1) Rezone the property for commercial use; (2) Install or equip fire sprinklers in a single-family detached residential dwelling or any residential dwelling with not more than two dwelling units.

In Senate Committee

SB 782 - New Code 8a-13-1 to 4, See HB 4949

Code Affected - WV 8A

Creates local permitting deadlines for any request for a permit, license, variance, etc: 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. Time limit begins upon receipt of a request. 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.

In House Introduction

HB 4478 - Edit of WV 8A

Code Affected- WV §8A-2-3

Limiting the maximum number of appointees to certain on a municipal Planning Commission to nine.

In House Committee

HB 4779 - Amend 7-20-6 See SB 530

Code Affected - Impact Fees (removal of comp zoning requirement)

Remove the requirement for a county to draft and adopt comprehensive zoning ordinances in order to collect impact fees

In House Committee

HB 4782 - Amend 8-12-5a, See SB 321

Code Affected - Zoning Ordinances

Prevent municipalities from targeting protected businesses with planning and zoning ordinances more restrictive than those placed upon other businesses. The bill shall be known as the Second Amendment Business Protection Act.

Engrossed committee Sub:

Muni can enact or enforce generally applicable zoning or business ordinances that apply to firearms businesses to the same degree as other businesses except as follows: (A) Any provision of an ordinance that is designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, repair, or display of firearms, ammunition, firearms accessories or components as that term is defined in §31A-2B-3 of this code, or personal defense tools or products other than firearms which are otherwise lawful under the laws of this state is void. (B) A municipality may not use its planning or zoning powers solely to prohibit the sale of firearms, ammunition, firearms accessories or components as that term is defined in §31A-2B-3 of this code, or personal defense tools or products other than firearms within a prescribed distance of any other type of commercial property or of school property or other educational property.

Senate Asks House to Concur 2-19-24

HB 4905 - Amend 8a-7-3 New Code 11-13pp-a to 11

Code Affected - WV 8A, Zoning Ordinances

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

In House Committee

HB 4943 - New Code 8-40-1 to 6 See SB 541

Code Affected - Zoning Ordinances

Facilitates creation of home-based businesses, with certain conditions including: A municipality shall not require a person as a condition of operating a home-based business to: (1) Rezone the property for commercial use; (2) Install or equip fire sprinklers in a single-family detached residential dwelling or any residential dwelling with not more than two dwelling units.

In Senate Committee

HB 4949 - New Code 8a-13-1 to 3, See SB 782

Code Affected- WV §8A

Gives local permitting deadlines: the governing body or planning commission of the municipality or county must approve or deny the applicant's request within 60 days. If request approved no additional requirements may be imposed on the applicant. If denied then the applicant must be provided with a statement in writing as to why. If denied due to being incomplete, the applicant must be provided with a statement in writing as to why incomplete. The time limit may be extended if a request requires state or federal agency approval. Extension may not exceed 60 days unless approved by the applicant.

In House Committee

HB 5009 - New Code 7-1-17 See HB 5058 for municipal version

Code Affected- County Ordinances

A county has to have a special county election to allow for a recall of any ordinance or code provision previously enacted by the governance of the county, if at least 15 percent of the voters of the last general election submit a petition.

In House Committee

HB 5058 - New Code 7-1-17 See HB 5009 for county version

Code Affected- City Ordinances

A city has to have a special county election to allow for a recall of any ordinance or code provision previously enacted by the governance of the city, if at least 15 percent of the voters of the last general election submit a petition.

In House Committee

HB 5164 - Amend 8a-7-10, New 8-7-14, Amend 21-14-3, 29-3b-3, -30-42-3, 37-15-2, New 37-16-1 to 6

Code Affected - Zoning Ordinances

Can’t distinguish between Fabricated self-contained expandable box built permanent homes or "boxes", as defined in §37-16-2 of this code, and traditional construction.

Has conditions for accessory dwelling units:

Must be allowed on any lot where there is a SFH, duplex, triplex, townhome or other housing unit.

Exempt accessory dwelling units from density requirements

Setback can’t be greater than 5 feet for accessory units

Not subject to additional parking requirements

Minimum 100 sq ft, can impose max size provided is not less than 1,200 sq ft

Must have adequate sewer/water

Can’t limit use as short term rental

In House Committee

Does not apply to deed restrictions/HOAs

HB 5265 - Amend Code 6-9a-3

Code Affected - Posting of agendas

Require that the agenda for public meetings of the governing bodies of county and local government entities publish notice of meetings and the agenda for the meetings at least three days prior to the meeting and to publish the agenda for the meetings on the website of the governing body.

does this include sub-committees and boards?

In House Committee

HB 5294 - Amend Code 60-

Code Affected- Zoning Ordinances

"Farm winery" means an establishment or cooperative located in the State of West Virginia on land zoned agricultural that has a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the production volume and other requirements set forth in §60-1-5a of this code.

In Senate Committee

Committee Amendment: gives classes of farm winery

HB 5426 - New Code 30-1a-7

Code Affected - Zoning Ordinances

A zoning ordinance, resolution, or regulation shall not: (1) Require a permit, licenses, registration, variance, or other type of prior approval from a local government for the purpose of home-based work; (2) Restrict the amount of floor space for home-based work; (3) Restrict the hours of operation for home-based work; (4) Prohibit mail order or telephone sales for home-based work; Prohibit the provision of lawful goods or services for home-based work to clients by appointment in the dwelling unit or accessory structure; (6) Prohibit resident or non-resident employees or independent contractors from working in the home or accessory structure; (7) Prohibit or require structural modifications to the dwelling unit or accessory structure for the purpose of home-based work; (8) Require rezoning for commercial use of the dwelling unit or accessory structure for the purpose of home-based work; or (9) Restrict storage or the use of equipment in the dwelling unit or accessor structure that does not constitute a nuisance outside the dwelling unit or accessory structure.

In House Committee

Does not apply to deed restrictions or HOAs

HB 5533 - Amend 19-13-3, 19-19-1, 2, 4, and 7

Code Affected - Zoning Ordinances

Can’t infringe on or prohibit residential ag lands/urban ag and no need for permit to engage in urban ag, gives definition:

"Agricultural residential land" shall mean 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 of this code, limited to cultivation and/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; and for

"Urban agriculture" shall mean 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.

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.

Does not specifically address zoning but the verbiage seems clear?

In House Committee

Bills which may affect Planners updated 12:56pm 2/26/24 (word doc)

All Bill Statuses