SB 659: Prohibiting certain restrictions on regulation of accessory dwelling units - West Virginia

sb659 sfa rucker _1 2-19 adopted.htm → sb659 sub hfa phillips 2-26 _1 adopted.htm · 6 edits

MODERATE

The bill was amended to explicitly define 'manufactured homes' and grant them the same rights as site-built accessory dwelling units. This change allows manufactured homes to be used as ADUs by right in most zoning districts and prevents municipalities from imposing stricter rules on them than those applied to traditional homes.

Scope change

The bill's scope expanded to include manufactured homes as a recognized and protected type of accessory dwelling unit, whereas the previous version did not explicitly address them.

DEFINITION

Added a specific definition for 'manufactured home' based on federal construction standards and permanent foundation requirements.

ELIGIBILITY

Granted manufactured homes the right to be used as accessory dwelling units in any district where ADUs are permitted.

REQUIREMENT

Prohibited municipalities from banning or unreasonably restricting manufactured homes used as ADUs if they meet safety codes.

Banned municipalities from applying more restrictive design, aesthetic, or age rules to manufactured ADUs than to site-built ones.

Mandated that manufactured homes used as ADUs be taxed as real property.

Allowed manufactured ADUs to share utility connections with the primary home, with separate meters required only for public health and safety.

Committee Substitute → sb659 sfa rucker _1 2-19 adopted.htm · 2 edits

MINOR

The legislative text was amended to remove a specific prohibition on municipalities requiring owner occupancy of accessory dwelling units. This change allows local governments to mandate that the primary homeowners must live in the main house, even if they own the accessory unit. The amendment also includes procedural notes indicating the amendment was adopted during a session on February 19.

Scope change

The bill's scope regarding owner-occupancy requirements was narrowed, shifting from a state-level prohibition to allowing local municipalities to set their own rules on who can live in the accessory unit.

REQUIREMENT

Deleted the state prohibition preventing municipalities from requiring that the owner of the single-family dwelling must occupy the accessory dwelling unit.

TECHNICAL

Added procedural text indicating that Senator Rucker moved to strike out the owner-occupancy restriction and that the amendment was adopted.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

The bill text was reformatted from a formal legislative document into a web page layout, and the substantive content was significantly simplified. The complex legal definitions and detailed prohibitions were condensed into a single paragraph, and new sections regarding fees and exemptions were added.

Scope change

The scope of the bill remains focused on accessory dwelling units, but the detailed restrictions on municipalities were reduced to a single summary paragraph in the second version.

DEFINITION

The detailed definitions for terms like 'accessory dwelling unit' and 'regulatory requirements' were removed and replaced with a single introductory sentence.

Specific definitions for 'manufactured home' and rules regarding their taxation were removed from the text.

REQUIREMENT

The extensive list of nine specific prohibitions on municipalities (such as parking requirements, design matching, and owner-occupancy rules) was condensed into one sentence.

A new section was added clarifying that municipalities can charge an application fee of up to $250 for reviewing ADU requests.

New requirements were added allowing municipalities to mandate a 'will-serve' letter from water/sewer providers or approval from the Department of Health if municipal service is unavailable.

TIMELINE

A new provision was added stating that any policy adopted on or after January 1, 2027, must comply with the new rules or be invalid.

Engrossed Committee Substitute → Enrolled Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was converted from a draft committee version to its final enrolled form, adding new definitions and specific exemptions for manufactured homes. The final version clarifies that manufactured homes can be used as accessory dwelling units if placed on permanent foundations and ensures they are taxed as real property, while also allowing them to share utility connections with the main house under certain conditions.

Scope change

The scope expanded to explicitly include manufactured homes as a type of accessory dwelling unit, whereas the draft version did not contain these specific provisions.

DEFINITION

Added a new definition for 'manufactured home' to clarify that structures built to federal standards and installed on permanent foundations are included.

ELIGIBILITY

Added provisions allowing manufactured homes to be used as accessory dwelling units by right in any zoning district where such units are permitted.

REQUIREMENT

Added rules stating that municipalities cannot impose design, aesthetic, or age requirements on manufactured homes that are more restrictive than those for site-built units.

Added an exemption allowing manufactured homes to share water, sewer, and utility connections with the primary dwelling, with separate meters only required for public health and safety reasons.

FISCAL

Added a requirement that manufactured homes used as accessory dwelling units must be assessed and taxed as real property.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 6, 2026

MODERATE

The bill was updated from an introduced draft to an engrossed committee substitute version, incorporating significant substantive changes to the regulations on accessory dwelling units (ADUs). The most critical change is the addition of a specific exception allowing municipalities to require ADUs to match the exterior design, roof pitch, and finishing materials of the primary home, but only if the property is located within a historic district. Other changes include updates to the definitions of 'regulatory requirements' to include building codes, clarifying that 'short-term rentals' can include timeshares, and correcting the water/sewer exemption to allow for private services. The text also includes navigation links and formatting artifacts typical of a website version of the bill.

Scope change

The scope of the bill was expanded to explicitly include timeshares and cooperatives under the definition of short-term rentals and to clarify that private water and sewer services are acceptable for ADUs, whereas the original draft only mentioned municipal services.

REQUIREMENT

Added a specific exception allowing municipalities to require ADUs to match the exterior design, roof pitch, and finishing materials of the primary dwelling, but only if the property is within a historic district.

Clarified the water and sewer requirements to allow for private services if municipal services are not available, whereas the original draft only mentioned municipal systems.

DEFINITION

Updated the definition of 'short-term rental' to explicitly include timeshares and cooperatives in addition to single-family homes.

Expanded the definition of 'regulatory requirements' to explicitly include applicable building codes and design/construction standards.

Updated the definition of 'site plan' conformity to explicitly include construction plans.

Prohibiting certain restrictions on regulation of accessory dwelling units

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