This bill aims to amend the Code of West Virginia by introducing a new article that establishes regulations regarding accessory dwelling units (ADUs) within municipalities. It mandates that municipalities must allow at least one ADU by right on lots containing single-family dwellings, specifying that these units can be attached, detached, or internal to the primary dwelling. The bill outlines various restrictions that municipalities cannot impose, such as additional parking requirements, design matching with the primary dwelling, occupancy by the owner, and familial relationships between occupants. It also prohibits municipalities from assessing impact fees for ADUs and from setting more restrictive development standards than those applicable to single-family dwellings.

Additionally, the bill stipulates that municipalities must review and permit ADUs in accordance with the new regulations by January 1, 2026, if they have not already adopted or amended their regulations by that date. It allows for a one-time application fee of up to $250 for reviewing ADU applications and clarifies that existing building codes and public health regulations remain in effect. The provisions of this article will take effect on January 1, 2026, and municipalities are permitted to adopt more permissive regulations regarding ADUs if they choose to do so.

Statutes affected:
Introduced Version: 8A-7A-1, 8A-7A-2