The proposed bill aims to amend the Code of West Virginia by introducing a new section, 36-4-20, which promotes personal agriculture. It defines key terms such as "chicken," "homeowners association," "personal agriculture," and "plant crop." The bill establishes a public policy encouraging the sustainable use of residential property for personal gardening and the ownership of chickens. Specifically, it declares that any covenant, restriction, or condition imposed by a homeowners association that unreasonably limits the cultivation of personal gardens or the ownership of up to four chickens is void and unenforceable, unless otherwise specified by state law or local ordinance.

Additionally, the bill outlines exceptions to this rule, allowing homeowners associations to impose reasonable restrictions that do not significantly hinder personal agriculture, such as those for historical preservation or community significance. It also clarifies that the legislation does not permit the ownership of roosters or free-ranging chickens, nor does it prevent state and local authorities from regulating personal agriculture. Homeowners associations retain the right to enforce rules regarding the maintenance of properties and the use of chemicals in gardening. Overall, the bill seeks to enhance the ability of individuals to engage in personal agriculture while balancing the interests of homeowners associations.

Statutes affected:
Introduced Version: 36-4-20
Committee Substitute: 36-4-20