SB 805 West Virginia Senate · 2025 Regular Session

Promoting personal agriculture

SB 805 makes housing association (HOA) rules prohibiting home gardens or owning up to four chickens unenforceable in West Virginia. It directly affects homeowners in HOA-managed communities by voiding restrictions on personal gardening (including container plants) and chicken ownership, as long as the chickens are hens or pullets (not roosters). The bill defines "personal agriculture" as non-commercial home growing of edibles and allows HOAs to maintain reasonable rules about coop size, location, and waste removal, while preserving local health/safety regulations and historical preservation requirements. It does not apply to common areas or prohibit HOAs from banning synthetic chemicals or requiring garden maintenance.

Bill status in committee 1 of 4 stages cleared

Introduction

Mar 2025

Committee Review

Floor Vote

Governor

Introduced Mar 19, 2025 Last action Mar 26, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 5 edits

MODERATE

The bill was amended from an Introduced Version to a Committee Substitute version, adding a new sponsor (Senator Hart) and changing the title to include 'limitations'. The main substantive change is redefining the term 'housing association' to specifically reference the federal tax code definition and state unit owners' association statute, while also clarifying that the law does not apply to communal areas. The bill now explicitly states it does not authorize roosters or free-ranging chickens, and adds more detailed exceptions for reasonable restrictions.

Scope change

The bill's scope was narrowed by clarifying that it only applies to property designated for exclusive homeowner use, not common areas, and by adding specific statutory definitions for 'homeowners association' that tie it to federal and state law.

DEFINITION

Changed 'housing association' to 'homeowners association' and added a specific definition referencing 26 U.S.C. § 528 and §36B-3-101 of the code.

REQUIREMENT

Added explicit prohibition on roosters and free-ranging chickens in subsection (d)(1).

Added detailed exceptions for reasonable restrictions, including historical preservation, architectural significance, and religious or cultural importance.

Added specific limitations on what the bill does not prohibit, including weed management, chemical use restrictions, and chicken coop requirements.

ENFORCEMENT

Expanded the list of exceptions to include communal areas and common structures managed by the association.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 26, 2025

Committee

To Government Organization

upper

Mar 26, 2025

Upper · Passed

Committee substitute reported, but first to Government Organization

upper

Mar 19, 2025

Committee

To Agriculture

upper

Mar 19, 2025

Introduced

Introduced in Senate

upper

Mar 19, 2025

Committee

To Agriculture then Government Organization

upper

1 primary · 1 co-sponsor