West Virginia House Bill HB4702

West Virginia 2026 Regular Session

• Introduced: 1/21/26
• Refer: 1/21/26
• Refer: 1/23/26

Caption

Prohibiting municipal zoning regulations from imposing certain minimum lot sizes

Summary

House Bill 4702 would amend West Virginia’s zoning law to limit local governments’ ability to require minimum lot sizes in zoning ordinances. The bill specifically states that zoning ordinances may not require a minimum lot size for a parcel or lot with an accessory dwelling unit that is larger than the minimum lot size for other single-family dwellings or townhouses in the same zoning district. The stated purpose of the bill is to remove minimum lot sizes from zoning ordinances. The bill leaves most of the existing zoning framework intact, including provisions on land use regulation, historic preservation, flood control, planned unit developments, and appeals procedures. Its practical effect is to constrain municipal and county zoning authority in one area: lot-size requirements tied to accessory dwelling units and, more broadly as described in the bill note, minimum lot-size mandates. This would likely affect local planning departments, zoning boards, property owners, and developers seeking to add accessory dwelling units or otherwise use smaller parcels more flexibly.

Impact

HB4702 would amend §8A-7-2 of the West Virginia Code, which governs the contents of zoning ordinances, by adding a new restriction on local zoning powers. Local governments would be prohibited from using minimum lot-size requirements in a way that makes accessory dwelling units subject to larger lot-size standards than other single-family homes or townhouses in the same zoning district. The bill would therefore preempt or narrow municipal zoning discretion on density and parcel-size regulation, potentially making it easier to build accessory dwelling units and increasing housing flexibility in affected jurisdictions.

Sentiment

The available record shows no committee debate, recorded votes, or formal opposition in the materials provided, so there is no documented split in sentiment from the transcript or voting history. Based on the bill’s text and caption, the measure appears to be framed as a zoning reform intended to reduce regulatory barriers, which typically draws support from housing-access and property-rights advocates. Because no discussion is included, the overall sentiment can only be characterized as neutral-to-supportive from the bill’s drafting and purpose statement.

Contention

The main point of contention is likely to be the balance between state-level limits and local zoning autonomy. Supporters would likely argue that minimum lot-size rules can unnecessarily restrict housing supply and accessory dwelling units, while opponents may view the bill as an intrusion on municipal home-rule authority and local land-use planning. Another likely issue is whether removing or limiting minimum lot sizes could affect neighborhood character, infrastructure capacity, or density, especially in communities that use lot-size standards to manage growth.