W. Va. Code §§ 8-42-1 to 8-42-3 § 8-42-1
Definitions.
Operative Text
As used in this article: (a) "Accessory dwelling unit" means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with, or is otherwise exempt from, any applicable regulatory requirements; (b) "By right" means the ability to be approved without requiring: (1) A public hearing; (2) A variance, conditional use permit, special permit, or special exception; or (3) Other discretionary zoning action other than a determination that a site plan and any construction plans conform with applicable regulatory requirements; (c) "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit; (d)(1) "Regulatory requirements" means the requirements determined by a municipality to be necessary for approval of plans, permits, or applications under this section. (2) "Regulatory requirements" includes: (A) The West Virginia Fire Code as adopted by the State Fire Marshal; (B) Any locally adopted ordinances and amendments to the ordinances; (C) Applicable zoning ordinances and conditions; (D) Design and construction standards, including any applicable building codes; and (E) Other federal, state, and local laws, rules, and ordinances applicable to the plan, permit, or application in question; (e) "Short-term rental" means an individually or collectively owned single-family house or single-family dwelling unit or a unit or group of units in a condominium, cooperative, time-share, or owner-occupied residential home that is offered for a fee for 30 days or less; and (f) "Single-family dwelling" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit. (g) “Manufactured home” means a structure constructed in compliance with the federal Manufactured Home Construction and Safety Standards, 42 U.S.C. §5401 et seq., and installed on a permanent foundation.
West Virginia Code § 8-42-1 establishes the foundational vocabulary for the state's accessory dwelling unit (ADU) framework. Key terms defined include 'accessory dwelling unit' (a self-contained unit on the same parcel as a larger single-family home), 'by right' approval (a streamlined process that bypasses public hearings and discretionary zoning actions), and 'regulatory requirements' (a broad set of fire, building, zoning, and other applicable codes). Additional definitions cover gross floor area, short-term rentals, single-family dwellings, and manufactured homes, all of which shape how the rest of Article 42 is interpreted and applied.
Plain English — not legal advice.
Property owners and managers working with ADUs in West Virginia should familiarize themselves with the definitions in § 8-42-1, as these terms govern how the rest of Article 42 is read and enforced. Understanding what qualifies as an 'accessory dwelling unit'—including the requirements for independent access, self-contained facilities, and a smaller footprint than the primary dwelling—helps operators assess whether a proposed or existing unit falls under this framework. Compliant operators also pay close attention to the definition of 'regulatory requirements,' which encompasses the West Virginia Fire Code, local ordinances, applicable zoning conditions, and relevant federal and state laws.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in or considering an accessory dwelling unit in West Virginia, the definitions in § 8-42-1 establish what legally constitutes an ADU under state law, including the requirement that it be self-contained, independently accessed, and located on the same parcel as a larger single-family home. Understanding these definitions can help tenants assess whether their unit is covered by Article 42's protections and requirements. Tenants who have questions about whether their living arrangement qualifies under this framework may find it useful to consult a local tenant-rights organization or review the applicable local ordinances referenced within the definition of 'regulatory requirements.'
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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