HB 5532 prohibits West Virginia counties and municipalities from imposing additional property taxes on residential rental properties beyond the rate applied to owner-occupied homes. It directly affects rental property owners and tenants by preventing local governments from charging higher taxes on rentals due to zoning classifications. The bill requires all county/municipal property taxes on rental properties to match those for owner-occupied homes and bans extra taxes based on zoning. This aims to reduce costs for tenants by preventing "double-taxing" that could raise rents, without altering sales or service taxes for businesses. The bill is currently in the House Finance Committee after introduction on February 16, 2026.
HB 4754 prohibits West Virginia municipalities from requiring larger minimum lot sizes for properties with secondary housing units (like accessory dwelling units or "granny flats") compared to standard single-family homes in the same zoning district. This directly affects local governments that currently enforce such lot size requirements and homeowners seeking to build or add secondary housing. The bill amends zoning law to remove this specific restriction, ensuring that lot size rules for secondary units cannot be stricter than those for primary residences. It does not change other zoning regulations like building heights or land use designations. The bill’s key provision is a clear prohibition on differential lot size requirements for accessory dwellings.
SB 659 prevents West Virginia municipalities from banning or overly restricting accessory dwelling units (ADUs) - secondary living spaces like converted garages or backyard cottages - on single-family residential properties. The bill bans local governments from requiring public hearings, imposing excessive fees ($250 max application fee), mandating matching exterior designs, or setting stricter size/height rules for ADUs than for primary homes. It also prohibits municipalities from requiring additional parking, restrictive covenants, or separate water/sewer systems for ADUs, though they may still regulate short-term rentals separately. This directly affects homeowners seeking to build or rent out ADUs without local bureaucratic hurdles.
HB 4711 requires West Virginia municipalities to permit accessory dwelling units (ADUs) - like backyard cottages or converted garages - on single-family residential lots "by right," meaning without special permits, hearings, or variances. It prohibits municipalities from imposing restrictions such as extra parking requirements, design matching rules, occupancy mandates, impact fees, or stricter building standards for ADUs than for primary homes. The bill directly affects homeowners seeking to create ADUs and municipalities, which must revise zoning rules by January 1, 2027, to comply. It allows municipalities to charge a $250 one-time application fee but does not override building or safety codes. The law aims to increase housing options by simplifying ADU creation.
HB 4702 prohibits municipalities from requiring larger minimum lot sizes for properties with accessory dwelling units (ADUs), such as small secondary homes or in-law suites, compared to standard single-family homes in the same zoning district. This bill directly affects homeowners, developers, and municipalities that previously enforced such unequal lot size requirements for ADUs. The key provision amends West Virginia's zoning code to explicitly ban this specific rule, ensuring ADUs face the same minimum lot size standards as other single-family dwellings. The change aims to simplify zoning for ADU development without altering other municipal zoning authority.
HB 4731 establishes West Virginia's By-Right Housing Development Act, which automatically approves housing projects (including single-family homes, multifamily units, and accessory dwelling units) that comply with existing zoning rules, eliminating discretionary review by local planning or zoning boards. It directly affects developers and property owners seeking to build housing in communities where projects meet current land use regulations. The bill requires regulatory authorities to monitor compliance, with enforcement actions like fines for violations, but does not override restrictive covenants or HOA rules. Projects must still adhere to all applicable zoning standards, and denials can be appealed in court with potential cost awards for successful applicants.
HB 4732 requires West Virginia municipalities to allow accessory dwelling units (ADUs) - such as guest houses or in-law suites - on single-family properties without special permits (e.g., public hearings or variances). It sets size limits (max 75% of the main house or 1,000 sq ft), prohibits municipalities from requiring extra parking, design matching, occupancy rules, or impact fees, and mandates that at least 35% of residential lots permit ADUs. Municipalities must adopt compliant zoning by January 1, 2027, or follow these rules until they do, with existing non-compliant rules becoming void. This directly affects homeowners seeking to add ADUs and municipalities managing local zoning regulations.
