W. Va. Code §§ 8-42-1 to 8-42-3 § 8-42-3
Exemptions.
Operative Text
(a) This article does not prohibit a municipality from regulating short-term rentals. (b)(1)(A) A municipality may require a fee for reviewing applications to create accessory dwelling units; and (B) The application fee may not exceed $250 for each accessory dwelling unit. (2) Subdivision (1) of this subsection does not prohibit a municipality from requiring its usual building fees in addition to the application fee. (c) A policy, regulation, or ordinance in effect on or after January 1, 2027, that applies to an accessory dwelling unit and does not comply with this article is invalid to the extent of its conflict with this article. (d) A municipality may require an accessory dwelling unit to have: (1) A will-serve letter from both the water system and the sewer system that serves the primary dwelling; or (2) Approval from the Department of Health where municipal or private water service or sewer service is not available. (e) This article does not: (1) Supersede applicable regulatory requirements; or (2) Prohibit a municipality from adopting a policy, regulation, or ordinance that is more permissive than the provisions under this article.
West Virginia Code § 8-42-3 carves out several areas where municipalities retain authority even under the state's accessory dwelling unit (ADU) framework. Municipalities may still regulate short-term rentals, charge application review fees (capped at $250 per ADU, with standard building fees allowed on top), and require water and sewer service confirmation before an ADU is approved. Starting January 1, 2027, any local rule that conflicts with the article becomes invalid to the extent of that conflict, though localities are free to adopt rules that are more permissive than the state baseline.
Plain English — not legal advice.
Property owners pursuing an ADU permit under § 8-42-3 should expect to pay a municipal application review fee of up to $250 per unit, plus any standard building fees the municipality normally charges. Before construction is approved, operators typically secure a will-serve letter from both the water and sewer systems serving the primary dwelling, or obtain Department of Health approval where those utilities are unavailable. Compliant operators also verify that any local ordinance governing their ADU aligns with the article's requirements, particularly given that conflicting local rules become invalid on or after January 1, 2027.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 8-42-3, tenants living in or considering an accessory dwelling unit benefit from a framework that limits how much municipalities can charge applicants and sets baseline standards for water and sewer service. If a local ordinance imposes requirements on an ADU that conflict with this article, that ordinance is invalid to the extent of the conflict as of January 1, 2027, which may be relevant to habitability or permitting disputes. Tenants who believe a local rule is being applied in a way that conflicts with this provision can look into filing a complaint with a local rent board if one exists, consulting a tenant-rights organization, or raising the conflict as a defense in relevant proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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