W. Va. Code §§ 8-42-1 to 8-42-3 § 8-42-2

Prohibition on policy regulations restricting accessory dwelling units.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaShort-Term Rentals

Operative Text

W. Va. Code §§ 8-42-1 to 8-42-3 § 8-42-2
(a) Except as provided in this article, a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.
(b) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.
(c) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it shall not be more than 75 percent of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less.
(d) A municipality may not:
(1) Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require fees in lieu of additional parking;
(2) Require that an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the single-family dwelling: Provided, That a municipality may require an accessory dwelling unit to match exterior design, roof pitch, finishing materials, and other design guidelines if the single family dwelling or accessory dwelling unit is located within a historic district, as defined in §8A-1-2 of this code, and the requirement is imposed pursuant to an ordinance or regulation duly adopted for the preservation of that historic district;
(3) Require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit;
(4) Assess development impact fees in excess of $250 on the construction of an accessory dwelling unit;
(5) Require improvements to public streets or sidewalks as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public street or sidewalk that is disturbed as a result of the construction of the accessory dwelling unit;
(6) Set maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those for the single-family dwelling on the lot;
(7) Impose more onerous development standards on an accessory dwelling unit beyond those set forth in this article;
(8)(A) Require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling.
(B)(i) Paragraph (A) of this subdivision does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties.
(ii) Notwithstanding clause (i) of this paragraph, a municipality shall not condition a permit, license, or use of an accessory dwelling unit on the adoption or implementation of a restrictive covenant entered into between private parties; or
(9) Require water and sewer for the accessory dwelling unit separate from that serving the primary structure.
(e) A manufactured home may be used as an accessory dwelling unit by right on a lot or parcel that contains a single family dwelling in any zoning district where accessory dwelling units are permitted.
(f) A municipality may not prohibit or unreasonably restrict the use of a manufactured home as an accessory dwelling unit, provided that the manufactured home is installed on a permanent foundation and complies with applicable building, fire, and safety codes and any other requirements in this article.
(g) A municipality may not impose design, aesthetic, age of construction, or prior use requirements on a manufactured home used as an accessory dwelling unit that are more restrictive than those imposed on site built accessory dwelling units of comparable size.
(h) A manufactured home used as an accessory dwelling unit shall be assessed and taxed as real property.
(i) A manufactured home used as an accessory dwelling unit may share water, sewer, and utility connections with the primary single family dwelling. Separate utility connections or meters may be required only where necessary to protect public health and safety and where such requirements are applied uniformly to all accessory dwelling units.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 8-42-2 limits the ability of municipalities to restrict accessory dwelling units (ADUs) on lots that already contain a single-family home. By right, at least one ADU must be permitted on such lots, whether the unit is attached, detached, or built within the primary structure, subject to size limits (no more than 75% of the main home's floor area or 1,000 square feet, whichever is less). Municipalities are specifically barred from imposing a range of conditions—such as extra parking requirements, relationship mandates between occupants, development impact fees above $250, or separate utility connections—unless narrow exceptions apply. Manufactured homes meeting foundation and code requirements are also eligible to serve as ADUs under this provision.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 8-42-2, property owners in West Virginia who have a single-family dwelling generally have the right to add at least one ADU without facing many of the restrictions that municipalities might otherwise attempt to impose. Compliant operators typically ensure that a detached or attached ADU stays within the applicable size cap—75% of the primary home's gross floor area or 1,000 square feet, whichever is smaller—and that any manufactured home used as an ADU is placed on a permanent foundation and meets applicable building, fire, and safety codes. Operators should also be aware that development impact fees assessed by a municipality cannot lawfully exceed $250 under this provision, and that shared water, sewer, and utility connections with the primary dwelling are generally permissible.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 8-42-2 can be relevant to tenants living in or seeking to rent an ADU, because it establishes that municipalities cannot impose certain conditions—such as requiring a family or employment relationship between ADU occupants and the main-home occupants—as a condition of the unit's use. Tenants who believe a municipality or landlord is relying on an unlawful local restriction to deny or limit ADU occupancy may find it useful to review the specific prohibitions listed in this provision and consult a tenant-rights organization familiar with West Virginia housing law. General enforcement paths can include raising the statutory protections of § 8-42-2 in any relevant administrative or legal proceeding, or contacting local housing authorities to flag potentially non-compliant municipal regulations.

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

Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

W. Va. Code § 8A-1-2
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 50
Application of article four
§ 64
One story transient dwellings
§ 244.1030
"Regulatory authority" defined for the code

Source Information

Snapshot SHA:
Fetched:Oct 26, 2026, 02:26 PM UTC