House 5630

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5630

By Delegates Flanigan, Pritt, Mallow, Shamblin, Stephens, G. Ward, and Holstein

[Introduced February 16, 2026; referred to the Committee on Government Organization]

A BILL to amend and reenact §8A-7-8 of the Code of West Virginia, 1931, as amended, relating to providing notice for amendments to a zoning ordinance.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7. ZONING ORDINANCE.

§8A-7-8. Amendments to the zoning ordinance by the governing body.

(a) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.

(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least thirty days prior to the enactment of the proposed amendment if there is not an election, or at least thirty days prior to an election on the proposed amendment to the zoning ordinance:

(1) Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and

(2) Publish notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code §59-3-1 et seq. of this code.

(c) Alternative to Certified Mail. In lieu of notice by certified mail provision set forth in §8A-7-8(b)(1), the municipality or county may satisfy individual notice requirements by any combination of the following methods. Provided such methods are reasonably calculated to reach affected landowners, the intent of which is to reduce administrative burden and public cost while maintaining meaningful notice and public participation in the zoning amendment process:

(1) Regular First-Class Mail. Regular first-class mail addressed to the landowner of record as listed in the most recent property tax assessment;

(2) Electronic Mail Notice. Electronic mail notice to any landowner who has voluntarily provided an e-mail address to the municipality or county for receipt of official notices:

(3) Public Posting. Public posting of the notice on the municipality's or county's official website and in at least three public locations within the affected zoning district: and,

(4) Publication of a summary of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance;

(i) As a Class II-0 legal advertisement in accordance with the provisions of §59-3-1 et seq., at least 30 days prior to the planning commission's public hearing on the proposed amendment; and

(ii)As a Class II-0 legal advertisement in accordance with the provisions of §59-3-1 et seq. at least 30 days prior to the governing body's public hearing and enactment of the proposed amendment.

(5) Affidavit of Notice. A sworn affidavit by the president of the planning commission, in the case of the planning commission's legal advertisement and the governing body's clerk, in the case of the governing body's legal advertisement, attesting to compliance with this section shall be deemed prima facie evidence of property notice.

(6) Effect of Substantial Compliance. Failure of a landowner to receive actual notice shall not invalidate the proceeding. provided that the municipality or county has substantially complied with the notice requirements of this section.

NOTE: The purpose of this bill is to provide notice for amendments to a zoning ordinance.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.