Senate 659

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 659

By Senator Rucker

[Introduced January 29, 2026; referred
to the Committee on Government Organization]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §8-40-1, §8-40-2, and §8-40-3, relating to prohibiting municipalities from prohibiting certain restrictions on the regulation of accessory dwelling units.

Be it enacted by the Legislature of West Virginia:

article 40. accessory dwelling units.

§8-40-1. Definitions.

As used in this section:

(a) "Accessory dwelling unit" means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable regulatory requirements;

(b) "By right" means the ability to be approved without requiring:

(1) A public hearing;

(2) A variance, conditional use permit, special permit, or special exception; or

(3) Other discretionary zoning action other than a determination that a site plan conforms with applicable regulatory requirements;

(c) "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit;

(d)(1) "Regulatory requirements" means the requirements determined by a municipality to be necessary for approval of plans, permits, or applications under this section.

(2) "Regulatory requirements" includes:

(A) The Arkansas Fire Prevention Code as adopted by the State Fire Marshal;

(B) Any locally adopted ordinances and amendments to the ordinances;

(C) Applicable zoning ordinances and conditions;

(D) Design standards; and

(E) Other state and local laws, rules, and ordinances applicable to the plan, permit, or application in question;

(e) "Short-term rental" means an individually or collectively owned single-family house or single-family dwelling unit or a unit or group of units in a condominium, cooperative, timeshare, or owner-occupied residential home that is offered for a fee for 30 days or less; and

(f) "Single-family dwelling" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit.

§8-40-2. Prohibition on policy regulations restricting accessory dwelling units.

(a) Except as provided in this section, a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.

(b) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.

(c) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it shall not be more than 75 percent of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less.

(d) A municipality shall not:

(1) Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require fees in lieu of additional parking;

(2) Require that an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the single-family dwelling;

(3) Require that the single-family dwelling or the accessory dwelling unit be occupied by the owner;

(4) Require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit;

(5) Assess development impact fees on the construction of an accessory dwelling unit in excess of $250;

(6) Require improvements to public streets or sidewalks as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public street or sidewalk that is disturbed as a 15 result of the construction of the accessory dwelling unit;

(7) Set maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those for the single-family dwelling on the lot;

(8) Impose more onerous development standards on an accessory dwelling unit beyond those set forth in this section;

(9)(A) Require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling.

(B)(i) Subdivision (d)(9)(A) of this section does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties.

(ii) Notwithstanding subdivision (d)(9)(B)(i) of this section, a municipality shall not condition a permit, license, or use of an accessory dwelling unit on the adoption or implementation of a restrictive covenant entered into between private parties; or

(10) Require separate water and sewer from the primary structure.

§8-40-3. Exemptions.

(a) This section does not prohibit a municipality from regulating short-term rentals.

(b)(1)(A) A municipality may require a fee for reviewing applications to create accessory dwelling units.

(B) The application fee shall not exceed $250 for each accessory dwelling unit.

(2) Subdivision (b)(1) of this section does not prohibit a municipality from requiring its usual building fees in addition to the application fee.

(c) A policy, regulation, or ordinance in effect on or after January 1, 2027, that applies to an accessory dwelling unit and does not comply with 9 this section is invalid to the extent of its conflict with this section.

(d) A municipality may require an accessory dwelling unit to have:

(1) A will-serve letter from both a municipal water system and a municipal sewer system; or

(2) Approval from the Department of Health where a municipal water service or municipal sewer service is not available.

(e) This section does not:

(1) Supersede applicable regulatory requirements; or

(2) Prohibit a municipality from adopting a policy, regulation, or ordinance that is more permissive than the provisions under this section.

NOTE: The purpose of this bill is to prohibit municipalities from prohibiting certain restrictions on the regulation of accessory dwelling units.

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