Bill > SB659

This bill establishes new regulations for accessory dwelling units (ADUs), which are defined as self-contained living spaces on the same property as a larger single-family home, complete with their own cooking, sleeping, and bathroom facilities. The bill prohibits municipalities from enacting policies that prevent or overly restrict the creation of at least one ADU "by right," meaning it can be approved without requiring public hearings, variances, or other discretionary zoning actions beyond ensuring plans meet existing standards. While ADUs can be attached, detached, or internal to the main home, detached or attached units cannot exceed 75% of the main home's square footage or 1,000 square feet, whichever is smaller. Municipalities are also barred from requiring extra parking for ADUs, mandating that ADUs perfectly match the main home's exterior design (unless in a historic district), requiring familial relationships between occupants, imposing development impact fees over $250, demanding street improvements beyond repairs caused by construction, or setting stricter zoning rules for ADUs than for the primary single-family dwelling. The bill does allow municipalities to regulate short-term rentals and charge application fees up to $250 for ADU permits, in addition to standard building fees, and requires ADUs to have a "will-serve" letter for water and sewer or approval from the Department of Health if municipal services are unavailable. Importantly, this legislation does not override other necessary regulatory requirements or prevent municipalities from adopting rules that are more favorable to ADUs than what is outlined here.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=659&year=2026&sessiontype=RS&btype=bill