Bill > HB4732

This bill mandates that municipalities must allow at least one accessory dwelling unit (ADU), which is a separate living space on the same property as a main home with its own kitchen, sleeping, and bathroom facilities, by right, meaning it can be approved without special permits or hearings. ADUs can be attached, detached, or inside the main home, but if detached or attached, they cannot exceed 75% of the main home's size or 1,000 square feet, whichever is smaller. Municipalities are prohibited from requiring extra parking or fees for parking for ADUs, demanding they match the main home's exterior, requiring the owner to live in either the main home or the ADU, or imposing impact fees or extensive street improvements for ADU construction. While municipalities can charge a one-time application fee of up to $250 for ADU reviews, they cannot impose more restrictive zoning regulations than those for the main single-family dwelling, such as stricter height limits, setbacks, lot sizes, or lot coverage. The bill also clarifies that municipalities cannot require restrictive covenants for ADUs but can regulate short-term rentals. Municipalities have until January 1, 2027, to adopt or amend their regulations to comply with these provisions, after which any non-compliant regulations will be void. The bill also outlines general criteria for zoning regulations, emphasizing compatibility with growth policies, public safety, and the provision of essential services, and requires that at least 35% of lots zoned for residential use allow for at least one ADU.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4732&year=2026&sessiontype=RS&btype=bill