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 primary single-family home, with their own cooking, sleeping, and bathroom facilities. The bill prohibits municipalities from enacting policies that prevent or unduly restrict the creation of at least one ADU "by right," meaning it can be approved without special permits or hearings, as long as it meets certain size requirements (no more than 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, demanding they perfectly match the main home's exterior (unless in a historic district), requiring familial relationships between occupants, imposing excessive impact fees (over $250), or mandating street improvements unless directly impacted by construction. The bill specifically allows manufactured homes to be used as ADUs under similar conditions as site-built ADUs, provided they are on a permanent foundation and meet safety codes, and clarifies that ADUs can share utility connections with the main house unless separate connections are essential for public health and safety. While municipalities can charge a fee of up to $250 for reviewing ADU applications, they cannot regulate short-term rentals under this new article, and existing regulations that conflict with this bill will become invalid after January 1, 2027, unless they are more permissive.

Government Affairs

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