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West VirginiaSB 6592026 Regular SessionSenateWALLET

Prohibiting certain restrictions on regulation of accessory dwelling units

Sponsored By: Patricia Rucker (Republican)

Signed by Governor

§8-40-1§8-40-2§8-40-3

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

ADUs by right for homeowners

Cities must allow at least one accessory dwelling unit (ADU) by right on single‑family lots. An ADU can be attached, detached, or inside the home. Cities cannot set stricter height, setback, lot size, or other development rules for an ADU than for the main house. They also cannot force private restrictive covenants or require that ADU occupants be family, married, or employed by the main house residents. ADUs do not have to match the home’s exterior design, roof pitch, or materials, except in historic districts under a preservation ordinance.

Lower ADU costs and conditions

Cities cannot require extra parking or a fee in place of parking for an ADU. They cannot force street or sidewalk upgrades unless your ADU work damages them. They also cannot require separate water and sewer hookups. ADU application and development impact fees are each capped at $250 per unit; usual building permit fees can still apply. A city may require will‑serve letters from water and sewer systems, or Health Department approval where service is unavailable.

Manufactured-home ADUs allowed and taxed

You can use a manufactured home as an ADU on a single‑family lot in any zone that allows ADUs. Cities cannot ban or unreasonably restrict it if the unit is on a permanent foundation and meets building, fire, and safety codes, and they cannot apply stricter design or age rules than for similar site‑built ADUs. A manufactured ADU may share water, sewer, and utility connections with the main house; separate meters can be required only for public health and must apply to all ADUs. The manufactured ADU is assessed and taxed as real property.

State ADU rules override local limits

Beginning January 1, 2027, if a local ADU rule conflicts with this law, the state standard controls. Cities can still make and enforce rules for short‑term rentals. This law does not override other valid requirements and lets cities adopt more permissive ADU policies.

Size cap on attached ADUs

If an ADU is attached or detached, its size is capped at the smaller of 75% of your home’s gross floor area or 1,000 square feet. This cap does not apply to ADUs built entirely inside the main house.

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Sponsors & Cosponsors

Sponsor

  • Patricia Rucker

    Republican • Senate

Cosponsors

  • Darren Thorne

    Republican • Senate

  • Zack Maynard

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 146 • No: 11

Senate vote • 3/6/2026

Senate concurred in House amendments and passed bill (Roll No. 361)

Yes: 34 • No: 0

House vote • 3/3/2026

Passed House (Roll No. 254)

Yes: 85 • No: 10

Senate vote • 2/21/2026

Passed Senate (Roll No. 180)

Yes: 27 • No: 1

Actions Timeline

  1. Approved by Governor 3/14/2026

    3/14/2026Senate

  2. House received Senate message

    3/9/2026House

  3. To Governor 3/9/2026

    3/9/2026Senate

  4. House Message received

    3/6/2026Senate

  5. Senate concurred in House amendments and passed bill (Roll No. 361)

    3/6/2026Senate

  6. Communicated to House

    3/6/2026Senate

  7. Completed legislative action

    3/6/2026Senate

  8. Read 3rd time

    3/3/2026House

  9. Passed House (Roll No. 254)

    3/3/2026House

  10. Communicated to Senate

    3/3/2026House

  11. On 3rd reading, Special Calendar

    3/2/2026House

  12. Postponed on 3rd reading, Special Calendar, until 3/3/2026

    3/2/2026House

  13. On 2nd reading, Special Calendar

    2/27/2026House

  14. Read 2nd time

    2/27/2026House

  15. Amendment reported by the Clerk

    2/27/2026House

  16. Amendment adopted (Voice vote)

    2/27/2026House

  17. On 1st reading, Special Calendar

    2/26/2026House

  18. Read 1st time

    2/26/2026House

  19. Do pass

    2/25/2026House

  20. House received Senate message

    2/23/2026House

  21. Introduced in House

    2/23/2026House

  22. To Government Organization

    2/23/2026House

  23. To House Government Organization

    2/23/2026House

  24. On 3rd reading

    2/21/2026Senate

  25. Read 3rd time

    2/21/2026Senate

Bill Text

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