Bill > HB4711

This bill mandates that municipalities must allow at least one accessory dwelling unit (ADU) to be built on a property with a single-family home without requiring special permission, meaning it's allowed "by right." An ADU is defined as a separate living space on the same property as a larger single-family home, complete with its own kitchen, sleeping area, and bathroom, and must meet building, fire, and health codes. The bill specifies that ADUs can be attached to, detached from, or inside the main house, but if detached or attached, they cannot exceed 75% of the main house's living space or 1,000 square feet, whichever is smaller. Crucially, municipalities are prohibited from imposing several restrictions, including requiring extra parking or fees for it, demanding the ADU match the main house's exterior, requiring the owner to live in either the main house or the ADU, or needing a familial relationship between residents. They also cannot charge impact fees for ADU construction, require public street improvements unless directly damaged by construction, or impose stricter rules on building height, setbacks, lot size, lot coverage, or building frontage than those for the main single-family home. The bill also states that municipalities cannot require restrictive covenants on ADUs and sets a deadline of January 1, 2027, for municipalities to comply, after which any non-compliant regulations will be void, though municipalities can still enact more lenient rules.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4711&year=2026&sessiontype=RS&btype=bill