Creating By-Right Housing Development Act

SB 671, the "By-Right Housing Development Act," streamlines housing approvals in West Virginia by requiring local governments to automatically approve qualifying projects - such as single-family homes, apartment buildings, and secondary dwelling units (ADUs) - if they meet existing zoning rules, eliminating discretionary reviews by planning commissions or zoning boards. This directly affects developers and homeowners seeking to build new housing, aiming to accelerate construction to address statewide housing shortages. Local authorities must monitor compliance, with penalties like fines for violations, but the bill explicitly preserves homeowners' association rules and covenants. The act also establishes a clear court process for appealing denied permits, requiring courts to review decisions de novo and potentially award attorney fees to successful applicants.