Bill > SB805

This bill seeks to promote personal agriculture by making certain homeowners association (HOA) restrictions on gardens and chicken ownership unenforceable. Specifically, the bill defines key terms like "personal agriculture" (growing edible plants or animals for personal use or donation), "plant crop" (edible fruits, vegetables, herbs, or grains), and "chicken" (hens or pullets). The legislation declares it a public policy to encourage sustainable residential property use, and therefore renders void any HOA covenant that unreasonably restricts planting personal gardens (including container gardens) or owning up to four chickens. The bill provides important exceptions and limitations: HOAs can still impose reasonable restrictions that don't significantly increase agricultural costs, regulate for historical or architectural reasons, and maintain rules about maintaining property appearance. The legislation does not allow roosters or free-ranging chickens, prevents individuals from circumventing local health and safety regulations, and allows HOAs to maintain certain rules about property maintenance, chemical use, and chicken coop specifications. Essentially, the bill aims to give homeowners more flexibility to grow food and raise a small number of chickens while preserving HOAs' ability to maintain community standards.

Agriculture and Natural Resources, Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=805&year=2025&sessiontype=RS&btype=bill