West Virginia housing and borrowing

Median gross rent includes contract rent and estimated tenant-paid utilities. Accessory dwellings can be rental housing; permission does not establish that units were built, rented or changed the median. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Median gross rent. This record’s connection to the topic does not establish an effect on the measured result.

§8-40-1. Definitions. As used in this article: (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 and any construction plans conform 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 West Virginia Fire 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 and construction standards, including any applicable building codes; and (E) Other federal, 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, time-share, 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. (g) “Manufactured home” means a structure constructed in compliance with the federal Manufactured Home Construction and Safety Standards, 42 U.S.C. §5401 et seq., and installed on a permanent foundation. §8-40-2. Prohibition on policy regulations restricting accessory dwelling units. (a) Except as provided in this article, 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 may 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: Provided, That a municipality may require an accessory dwelling unit to match exterior design, roof pitch, finishing materials, and other design guidelines if the single family dwelling or accessory dwelling unit is located within a historic district, as defined in §8A-1-2 of this code, and the requirement is imposed pursuant to an ordinance or regulation duly adopted for the preservation of that historic district; (3) Require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit; (4) Assess development impact fees in excess of $250 on the construction of an accessory dwelling unit; (5) 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 result of the construction of the accessory dwelling unit; (6) 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; (7) Impose more onerous development standards on an accessory dwelling unit beyond those set forth in this article; (8)(A) Require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling. (B)(i) Paragraph (A) of this subdivision does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties. (ii) Notwithstanding clause (i) of this paragraph, 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 (9) Require water and sewer for the accessory dwelling unit separate from that serving the primary structure. (e) A manufactured home may be used as an accessory dwelling unit by right on a lot or parcel that contains a single family dwelling in any zoning district where accessory dwelling units are permitted. (f) A municipality may not prohibit or unreasonably restrict the use of a manufactured home as an accessory dwelling unit, provided that the manufactured home is installed on a permanent foundation and complies with applicable building, fire, and safety codes and any other requirements in this article. (g) A municipality may not impose design, aesthetic, age of construction, or prior use requirements on a manufactured home used as an accessory dwelling unit that are more restrictive than those imposed on site built accessory dwelling units of comparable size. (h) A manufactured home used as an accessory dwelling unit shall be assessed and taxed as real property. (i) A manufactured home used as an accessory dwelling unit may share water, sewer, and utility connections with the primary single family dwelling. Separate utility connections or meters may be required only where necessary to protect public health and safety and where such requirements are applied uniformly to all accessory dwelling units. §8-40-3. Exemptions. (a) This article 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; and (B) The application fee may not exceed $250 for each accessory dwelling unit. (2) Subdivision (1) of this subsection 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 this article is invalid to the extent of its conflict with this article. (d) A municipality may require an accessory dwelling unit to have: (1) A will-serve letter from both the water system and the sewer system that serves the primary dwelling; or (2) Approval from the Department of Health where municipal or private water service or sewer service is not available. (e) This article 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 article.

Median gross rent includes contract rent and estimated tenant-paid utilities. Accessory dwellings can be rental housing; permission does not establish that units were built, rented or changed the median. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Median gross rent. This record’s connection to the topic does not establish an effect on the measured result.

§8-40-1. Definitions. As used in this article: (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 and any construction plans conform 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 West Virginia Fire 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 and construction standards, including any applicable building codes; and (E) Other federal, 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, time-share, 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. (g) “Manufactured home” means a structure constructed in compliance with the federal Manufactured Home Construction and Safety Standards, 42 U.S.C. §5401 et seq., and installed on a permanent foundation. §8-40-2. Prohibition on policy regulations restricting accessory dwelling units. (a) Except as provided in this article, 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 may 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: Provided, That a municipality may require an accessory dwelling unit to match exterior design, roof pitch, finishing materials, and other design guidelines if the single family dwelling or accessory dwelling unit is located within a historic district, as defined in §8A-1-2 of this code, and the requirement is imposed pursuant to an ordinance or regulation duly adopted for the preservation of that historic district; (3) Require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit; (4) Assess development impact fees in excess of $250 on the construction of an accessory dwelling unit; (5) 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 result of the construction of the accessory dwelling unit; (6) 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; (7) Impose more onerous development standards on an accessory dwelling unit beyond those set forth in this article; (8)(A) Require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling. (B)(i) Paragraph (A) of this subdivision does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties. (ii) Notwithstanding clause (i) of this paragraph, 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 (9) Require water and sewer for the accessory dwelling unit separate from that serving the primary structure. (e) A manufactured home may be used as an accessory dwelling unit by right on a lot or parcel that contains a single family dwelling in any zoning district where accessory dwelling units are permitted. (f) A municipality may not prohibit or unreasonably restrict the use of a manufactured home as an accessory dwelling unit, provided that the manufactured home is installed on a permanent foundation and complies with applicable building, fire, and safety codes and any other requirements in this article. (g) A municipality may not impose design, aesthetic, age of construction, or prior use requirements on a manufactured home used as an accessory dwelling unit that are more restrictive than those imposed on site built accessory dwelling units of comparable size. (h) A manufactured home used as an accessory dwelling unit shall be assessed and taxed as real property. (i) A manufactured home used as an accessory dwelling unit may share water, sewer, and utility connections with the primary single family dwelling. Separate utility connections or meters may be required only where necessary to protect public health and safety and where such requirements are applied uniformly to all accessory dwelling units. §8-40-3. Exemptions. (a) This article 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; and (B) The application fee may not exceed $250 for each accessory dwelling unit. (2) Subdivision (1) of this subsection 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 this article is invalid to the extent of its conflict with this article. (d) A municipality may require an accessory dwelling unit to have: (1) A will-serve letter from both the water system and the sewer system that serves the primary dwelling; or (2) Approval from the Department of Health where municipal or private water service or sewer service is not available. (e) This article 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 article.

These describe the original enacted law provisions selected for this topic. Later amendments and current implementation require separate evidence.

• Section 15-5-20b: Continue the State Office of the National Flood Insurance Program and require its transfer from the Insurance Commissioner to the Division of Emergency Management on July 1, 2022. The Division must provide office space, equipment and supplies, with partial support from the flood-insurance tax fund; its Director supervises the office and shall employ staff as needed. Require program guidance and the floodplain-manager training referenced in §15-5-20a, plus land-use and development criteria consistent with federal minimum standards. Authorize proposed legislative rules, including rules governing state property in nonparticipating communities. Require a public strategic plan developed with the Director and floodplain managers, initially presented for approval to the State Resiliency Officer and Board and presented and approved no less than biannually thereafter. Require special-hazard state-property guidelines meeting 44 CFR §§60.3, 60.4 and 60.5 (2022), and cooperation with the State Resiliency Office. The source’s biannually wording is retained; actual training, adopted rules and plan approvals require separate evidence.
• Section 33-2-23: Assign and transfer the flood-program office’s assets from the Insurance Commissioner to the Division of Emergency Management effective July 1, 2022. The Director may decline assets considered unnecessary for proper program operation. The statutory transfer date is not an independently verified completed inventory or physical transfer.
• Section 33-3-14: Require insurers’ sworn annual financial statements and prior-calendar-year premium tax returns by March 1, subject to quarterly-payment provisions, with adjustments and full remittance. Retain the two-percent taxable-premium tax plus the additional tax in §33-3-14a. Route ordinary premium taxes into the separate insurance tax fund and require transfers of amounts not needed for refunds to General Revenue by the last business day of each month. Exclude federal and private-market flood-insurance premium taxes from that fund; route them to the separate flood-insurance tax fund, now subsection (c), for state flood-program operations, floodplain management and subgrants to local governments and other eligible entities after considering Emergency Management recommendations. Delete the old temporary medical-liability-tax dedication to replenish the tobacco settlement account, move the general-transfer wording into subsection (b), and replace old flood-fund subsections (d)/(e). This reenacts existing funds and rates with changed scope and allocation; no actual collection, refund or grant payment is established.
• Section 33-3-14a: Retain the additional one-percent taxable-premium tax alongside §33-3-14, applying the regular article’s levy and collection rules. After authorized refund and administration deductions, route amounts through §33-3-14(b) for General Revenue, except federal and private-market flood-insurance premium taxes, which must be deposited and distributed under the flood fund in §33-3-14(c). Delete the former temporary $833,000 medical-liability-tax replenishment provision for the tobacco settlement account. This is a premium-tax allocation rule, not a new personal income tax or proof of actual flood-fund transfers.

Property flood insurance, floodplain land-use/development standards and state-property hazard management directly concern property protection and development; no home-value, rent, mortgage-cost or completed flood-repair outcome is asserted.

Retained West Virginia evidence context: income-taxes · reviewed policy context · education · reviewed policy context · housing-borrowing · reviewed policy context · deficit-debt-interest · reviewed policy context. This record’s connection to the topic does not establish an effect on the measured result.

Governor Jim Justice approved HB 4295 on March 28, 2022. The law continues West Virginia’s flood-insurance program and schedules its office and asset transfer from the Insurance Commissioner to Emergency Management for July 1, 2022. It requires floodplain-manager training, public strategic planning and federal-standard land-use/property guidelines, and directs federal and private-market flood-insurance premium taxes to the separate flood fund for program operations and subgrants. General insurance-tax funds and monthly General Revenue transfers remain separate. The general effective date is June 6, 2022; actual transfers, grants, training and plan approvals require independent records.

These describe the original enacted law provisions selected for this topic. Later amendments and current implementation require separate evidence.

• Section 31-18-24: Provide electronic legislative delivery/publication of the Housing Development Fund’s independent annual audit, with a hard-copy option, and electronic six-month financial and debt reports with hard copies on request. Retain public inspection and legislative demands for information; no household mortgage rate or new loan appropriation is established.

Direct housing-fund mortgage/loan audit and financial reporting context; no new mortgage-rate mandate or household loan outcomes are inferred.

Retained West Virginia evidence context: crime · reviewed policy context · health · reviewed policy context · income-taxes · reviewed policy context · housing-borrowing · reviewed policy context · energy · reviewed policy context · deficit-debt-interest · reviewed policy context · real-gdp · reviewed policy context · unemployment-rate · reviewed policy context. This record’s connection to the topic does not establish an effect on the measured result.

HB 4067 changes agency reporting across workplace, cybersecurity, crime-victim, health, investment and housing programs. It repeals nine sections, including one-time studies and legislative proposals, annual reports, and the Diabetes Action Plan’s planning, tracking and implementation duties. It also removes the watershed report-and-award clause while retaining conditional bond and grant provisions. The final law contains eleven reenacted code bodies and nine section repeals.

These describe the original executive instrument provisions selected for this topic. Later amendments and current implementation require separate evidence.

• Reviewed provision 1: Recites the June declaration, June narrowing, July extension and August narrowing after flooding, property damage and loss of human life.
• Reviewed provision 2: Terminates emergency status in Fayette, Roane and Summers counties.
• Reviewed provision 3: Extends emergency status in Clay, Greenbrier, Kanawha, Nicholas and Webster until 5 p.m. Friday, October 21, 2016, unless subsequently terminated or extended.

Continued emergency status follows flood damage to property. It does not authorize a specific housing grant, mortgage change or completed rebuilding.

Retained West Virginia evidence context: health · reviewed policy context · housing-borrowing · reviewed policy context · real-gdp · reviewed policy context. This record’s connection to the topic does not establish an effect on the measured result.

Governor Earl Ray Tomblin terminated emergency status in Fayette, Roane and Summers counties and extended it in Clay, Greenbrier, Kanawha, Nicholas and Webster. The signed proclamation describes continuing emergency conditions after the June flooding and retains the five-county declaration until 5 p.m. October 21, 2016, unless subsequently terminated or extended.

These describe the original executive instrument provisions selected for this topic. Later amendments and current implementation require separate evidence.

• Reviewed provision 1: Recites June 23 declaration, June 29 narrowing and subsequent extension through August 22.
• Reviewed provision 2: Terminates emergency status in Jackson, Lincoln, Monroe, Pocahontas; extends it in Clay, Fayette, Greenbrier, Kanawha, Nicholas, Roane, Summers, Webster until 5 p.m. Wednesday September 21, 2016 unless terminated or extended by subsequent proclamation.

Continued emergency status follows flood damage to property. It does not authorize a specific housing grant, mortgage change or completed rebuilding.

Retained West Virginia evidence context: health · reviewed policy context · housing-borrowing · reviewed policy context · real-gdp · reviewed policy context. This record’s connection to the topic does not establish an effect on the measured result.

Governor Earl Ray Tomblin ended emergency status in Jackson, Lincoln, Monroe and Pocahontas and extended it in Clay, Fayette, Greenbrier, Kanawha, Nicholas, Roane, Summers and Webster. The signed original scheduled the eight-county extension to end at 5 p.m. September 21, 2016, unless terminated or extended by a later proclamation.