HB 5009 West Virginia House of Delegates · 2026 Regular Session

Relating to zoning ordinances and their effects

HB 5009 clarifies zoning rules in West Virginia by redefining "use" to include only domestic activities, farming, or on-site water use (e.g., water drawn from land for local use), excluding commercial bottling, storage, or transport of water outside the state. It ensures existing agricultural, industrial, or manufacturing operations can continue using land or structures without new zoning restrictions, and allows property owners to maintain nonconforming uses (like farms) for one year after vacancy unless proven abandoned. The bill specifically prevents zoning ordinances from restricting natural resource use or farm operations on owned land, but exempts commercial water extraction in karst terrain counties from this protection. It applies to all municipalities and counties adopting zoning ordinances under state law.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 30, 2026 Last action Jan 30, 2026
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Full legislative history

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Total actions
4
Key actions
0
Committee
2
Jan 30, 2026
Committee
To House Government Organization
lower
Jan 30, 2026
Introduced
Introduced in House
lower
Jan 30, 2026
Committee
To Government Organization
lower
1 primary · 2 co-sponsors

Sponsors