West Virginia House Bill HB4754

West Virginia 2026 Regular Session

• Introduced: 1/22/26
• Refer: 1/22/26

Caption

Prohibiting municipal zoning regulations from imposing certain minimum lot sizes

Summary

House Bill 4754 would amend West Virginia’s zoning law to prohibit local zoning ordinances from requiring minimum lot sizes for parcels or lots that include an accessory dwelling unit when that minimum would be larger than the minimum lot size applied to other single-family dwellings or townhouses in the same zoning district. The bill’s stated purpose is to remove minimum lot sizes from zoning ordinances, and it does so by adding a new limitation on what municipal and other governing bodies may include in their zoning regulations. More broadly, the bill leaves the existing framework for zoning ordinances in place, including provisions on land use, design standards, historic preservation, flood-prone areas, planned unit developments, and urban growth boundaries. Its practical effect is to constrain local governments’ ability to use lot-size requirements as a tool to limit accessory dwelling units, which may make it easier to add smaller secondary homes or similar units on existing residential lots.

Impact

The bill would amend §8A-7-2 of the West Virginia Code, which governs the contents of zoning ordinances, by adding a restriction on minimum lot size requirements tied to accessory dwelling units. Local governments would no longer be able to impose a minimum lot size for a parcel with an accessory dwelling unit that exceeds the minimum lot size for other single-family homes or townhouses in the same zoning district. This would limit municipal zoning discretion and could affect local land-use planning, housing density, and the regulation of accessory dwelling units statewide.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text and caption, the measure appears to be a housing/zoning reform proposal intended to reduce regulatory barriers, which typically draws support from housing-access and property-rights advocates. At the same time, it may raise concerns among local governments and neighborhood planning interests that prefer to preserve existing density controls and zoning flexibility.

Contention

The main point of contention is likely whether state law should limit local control over minimum lot sizes in order to encourage accessory dwelling units and potentially increase housing supply. Supporters would likely argue that minimum lot-size rules can unnecessarily restrict infill development and affordable housing options, while opponents may argue that such limits are important for managing neighborhood character, infrastructure capacity, parking, and overall density. The bill specifically targets municipal zoning authority, so the tension is between statewide housing policy goals and local land-use autonomy.