Bill > HB3052

This bill requires municipalities in West Virginia to allow at least one accessory dwelling unit (ADU) by right on lots with single-family homes, with specific regulations designed to make ADU construction easier. An accessory dwelling unit is defined as a self-contained living unit on the same parcel as a primary dwelling, with its own cooking, sleeping, and sanitation facilities. The bill prohibits municipalities from imposing several restrictive requirements on ADUs, such as mandating additional parking, requiring matching exterior design, requiring owner occupancy, assessing impact fees, or setting more restrictive building standards than those for the primary dwelling. Municipalities can charge up to a $250 one-time application fee for ADU review and may require water and sewer system will-serve letters. The bill mandates that municipalities must adopt these regulations by January 1, 2026, and any existing regulations that do not comply with these provisions will become void. While ensuring more flexibility for ADU construction, the bill still maintains that accessory dwelling units must comply with building codes, fire codes, and public health and safety regulations. The legislation aims to increase housing options and density by making it easier for homeowners to add secondary dwelling units to their properties.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3052&year=2025&sessiontype=RS&btype=bill