Bill > HB4731

This bill, titled the By-Right Housing Development Act, aims to increase housing availability and affordability by simplifying the approval process for new housing developments. It defines "By-Right Development" as housing projects that meet all existing local zoning and land use rules, allowing them to be approved automatically without requiring special permission from planning commissions or zoning boards. This applies to various housing types, including single-family homes, multifamily housing units (like apartment buildings or townhouses), and accessory dwelling units (ADUs), which are smaller, secondary housing units on the same property as a primary home. While this act streamlines government approvals, it clarifies that it does not override or invalidate existing private agreements like restrictive covenants or regulations set by condominium associations or homeowners' associations (HOAs). The bill also establishes an appeal process for denied permit applications, allowing courts to review decisions for fairness and adherence to evidence, with the possibility of overturning denials and awarding legal costs to successful applicants.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4731&year=2026&sessiontype=RS&btype=bill