ADU laws in West Virginia

In plain words

West Virginia passed a statewide ADU law in 2026. An ADU, or accessory dwelling unit, is a small second home on the same lot as a house. It can be a suite inside the house, an addition, or a backyard cottage. The law took effect on June 4, 2026. It covers every city, town and village, but not rural county land. Inside town limits, towns must allow at least one ADU on a lot with a single-family home, if it meets the law's limits and building codes. It is approved "by right." That means no public hearing or special permit, just a check that your plans meet the rules. An attached or detached ADU can be up to 1,000 square feet. If 75% of your house's size is smaller, that is the limit. Towns cannot make you add parking. They cannot make you match the house's style, unless you are in a historic district. They cannot require that the people living there be related to you. Impact fees, one-time charges toward roads, water lines and other public costs, are capped at $250. So are review fees. Normal building permit fees still apply. Towns can still limit short-term rentals, meaning stays of 30 days or less. The law does not say whether a town can require the owner to live on the property. Towns have until January 1, 2027 to update their codes. Outside town limits, county rules and health department septic rules decide. You may be able to build only if local rules and your property allow it.

The rules at a glance

What to do next

1. Check whether your property is inside a city, town or village; the state ADU law applies only inside municipal limits.
2. Call the local planning or code office and ask how it is applying the 2026 ADU law (W. Va. Code Chapter 8, Article 42), especially before its January 1, 2027 deadline.
3. Confirm water and sewer capacity: towns may ask for will-serve letters, and the health department must approve a septic or well setup where public service is not available.
4. Ask whether the town requires the owner to live on site and how it regulates short-term rentals, since the state law leaves both open.
5. Read your deed and any HOA covenants; private restrictions can still ban a second unit.
6. Get building permits before construction, and expect normal building fees on top of any capped ADU fees.

What your town still decides

The law covers only municipalities. Outside city and town limits, county rules apply if the county has adopted zoning under W. Va. Code Chapter 8A; where it has not, building codes and health-department rules for wells and septic systems still apply. Towns had to bring their codes into line by January 1, 2027, when conflicting local rules become invalid to the extent of the conflict. As introduced, SB 659 also barred towns from requiring the owner to live on site, but the Senate struck that clause with a floor amendment (drafted February 19) adopted on February 20, 2026, so the final law is silent on owner occupancy. A House floor amendment adopted on February 27, 2026 added protection for manufactured homes on permanent foundations used as ADUs, which must be taxed as real property and may share utilities with the main house. Towns may not require a restrictive covenant on an ADU or make a permit depend on one, but private covenants and HOA rules agreed between private parties still stand. Historic districts may still require ADUs to match the house's design. In June 2026 Morgantown's planning staff said they were waiting on legal advice before applying the new law to a pending case.

Examples of local rules

• Charleston: The city zoning ordinance (amended through August 10, 2022) allows one ADU per owner-occupied single-family home in residential districts, requires one parking space per bedroom, and requires a recorded notice that the approval lapses if neither unit is owner-occupied. In the Neighborhood Reinvestment Overlay, ADUs are allowed by right without owner occupancy and with no on-site parking. The parking and recorded-notice rules appear to conflict with the 2026 state law and would be unenforceable to that extent from January 1, 2027; check with the city for its updated code. Source
• Morgantown: The city had an ordinance amending its ADU rules in progress when the state law passed; a March 31, 2026 agenda noted the new legislation. At the June 11, 2026 planning commission meeting, staff said they were waiting for legal guidance on the state law before treating a lower-level studio apartment as an ADU, and the commission asked staff to work with the owner on that route. Source

What we’re still confirming

• Whether towns may still require the owner to live on site is unsettled, since the law doesn't mention it.
• Whether Charleston, Huntington, Morgantown, Parkersburg and Wheeling have updated their codes for the January 1, 2027 deadline isn't confirmed.

Laws, bills and citations

This is general information, not legal advice. Your town, village, city or county decides what can be built on your property. If something here looks out of date, email the team.