Bill > HB5630

This bill amends West Virginia Code §8A-7-8 to modify how notice is provided for proposed changes to a zoning ordinance, which are local laws that regulate land use and development. Specifically, when a zoning ordinance amendment involves changing a property's zoning map classification or altering regulations that affect the number of housing units allowed on a parcel, the governing body must provide notice at least thirty days before enactment or an election. While the existing law requires notice by certified mail to affected landowners and publication in a local newspaper as a Class II-0 legal advertisement, this bill introduces alternative methods to reduce administrative burden and cost while still ensuring meaningful notice. These alternatives, which can be used in combination, include sending notice via regular first-class mail to the landowner of record, providing electronic mail notices if a landowner has opted in, posting the notice on the municipality's or county's official website and in at least three public locations within the affected zoning district, and publishing a summary of the proposed amendment as a Class II-0 legal advertisement in a local newspaper at least 30 days before both the planning commission's and the governing body's public hearings. The bill also clarifies that an affidavit attesting to compliance with these notice requirements will serve as prima facie evidence of proper notice, and that failure to receive actual notice will not invalidate the proceedings if the municipality or county has substantially complied with the requirements.

Government Affairs, Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5630&year=2026&sessiontype=RS&btype=bill