W. Va. C.S.R. § 87-4-1 et seq. § §87-4-9
Exemption for agricultural purposes
Operative Text
§87-4-9. Exemption for agricultural purposes. 9.1. If a property owner or other responsible party claims exemption from the applicable Building Code based on the agricultural purposes exemption identified in subsection 1.6 of this rule, he or she shall submit the question to the Commissioner of Agriculture for a determination of eligibility. 9.2. The property owner or responsible party shall submit to the Commissioner of Agriculture sufficient information to allow the Commissioner to determine the primary use of the property. This information shall include, but is not limited to, the location of the property and buildings, the types of agricultural use or uses, the percentage or frequency of use, and any other information that the Commissioner requires to make a decision. 9.3. The Commissioner of Agriculture shall provide a copy of his or her decision to the property owner or responsible party, and to the entity that has adopted and is enforcing the Building Code.
W. Va. C.S.R. § 87-4-9 establishes a process by which a property may be exempted from the state Building Code when its primary use is agricultural. Rather than automatically qualifying, the property owner or responsible party must seek a formal eligibility determination from the Commissioner of Agriculture by supplying detailed information about the property's location, buildings, types of agricultural activity, and frequency of use. Once the Commissioner reaches a decision, that decision is shared with both the requesting party and the local entity responsible for enforcing the Building Code.
Plain English — not legal advice.
Under W. Va. C.S.R. § 87-4-9, property owners or responsible parties who believe their property qualifies for the agricultural exemption from the Building Code are generally expected to proactively submit a request to the Commissioner of Agriculture rather than simply asserting the exemption. A compliant operator typically gathers thorough documentation of the property's location, structures, agricultural uses, and the proportion or frequency of those uses before submitting. Keeping copies of all submitted materials and the Commissioner's written decision is a common practice, since that decision is also forwarded to the local Building Code enforcement entity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
W. Va. C.S.R. § 87-4-9 is primarily directed at property owners and responsible parties seeking to exempt a property from Building Code requirements on agricultural grounds, but tenants living on or near such properties may have an interest in understanding whether a valid exemption has actually been granted. If a tenant has concerns about whether a claimed agricultural exemption was properly obtained, they can request information from the local entity that enforces the Building Code, since that entity is entitled to receive a copy of the Commissioner of Agriculture's decision under this provision. Tenant-rights organizations or legal aid services can help individuals understand how an exemption determination might affect habitability or code-compliance protections that would otherwise apply.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation