Housing (Land Use)

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.

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.