The bill amends the Code of West Virginia by introducing a new article that establishes regulations regarding accessory dwelling units (ADUs) within municipalities. It defines key terms such as "accessory dwelling unit," "by right," and "regulatory requirements," and prohibits municipalities from enacting policies that restrict the use of at least one ADU on a lot containing a single-family dwelling. The bill outlines specific conditions under which ADUs may be constructed, including size limitations and restrictions on additional parking requirements, design matching, and familial relationships between occupants. It also allows manufactured homes to be used as ADUs under certain conditions and mandates that they be assessed and taxed as real property.

Additionally, the bill provides exemptions, allowing municipalities to regulate short-term rentals and charge application fees for ADU creation, capped at $250. It invalidates any conflicting local policies enacted after January 1, 2027, and permits municipalities to require certain approvals related to water and sewer services for ADUs. The legislation emphasizes that it does not supersede existing regulatory requirements and allows for more permissive local regulations if desired.

Statutes affected:
Introduced Version: 8-40-1, 8-40-2, 8-40-3
Committee Substitute: 8-40-1, 8-40-2, 8-40-3
Engrossed Committee Substitute: 8-40-1, 8-40-2, 8-40-3
Enrolled Committee Substitute: 8-40-1, 8-40-2, 8-40-3