The bill aims to promote personal agriculture in West Virginia by establishing a new section in the Code that renders any homeowners association (HOA) covenant, restriction, or condition that unreasonably limits the cultivation of personal gardens or the ownership of chickens void and unenforceable. It defines key terms such as "personal agriculture," "chicken," and "plant crop," and emphasizes the importance of encouraging sustainable use of residential property for personal gardening and poultry ownership. The bill allows for exceptions, stating that reasonable restrictions imposed by HOAs for historical preservation or community significance are still valid.

Additionally, the bill outlines specific limitations, clarifying that it does not permit the ownership of roosters or free-ranging chickens, nor does it prevent state and local authorities from regulating personal agriculture. It also allows HOAs to impose certain rules regarding the maintenance of properties, including the management of dead plant material and the use of chemicals in gardening. Overall, the legislation seeks to balance the promotion of personal agriculture with the rights of homeowners associations to maintain community standards.

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