Enabling statute

West Virginia

West Virginia Code Chapter 8A — Land Use Planning, Article 7 — Zoning Ordinance

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Summary

West Virginia delegates zoning authority to local governments through Chapter 8A of its Code (Land Use Planning), enacted in 2004 to modernize and consolidate the state's prior planning and zoning enabling laws. Under W. Va. Code §8A-7-1, the governing body of a municipality or a county may regulate land use within its jurisdiction by adopting a comprehensive plan, developing a zoning ordinance with its planning commission and the public, and enacting that zoning ordinance. Both counties and municipalities hold zoning power; a county ordinance may cover all or part of the county, a municipal ordinance must cover the entire municipality, and a municipality may adopt the county's ordinance by reference. The grant follows the Standard State Zoning Enabling Act lineage, with §8A-7-2 enumerating the police-power purposes (public health, safety, welfare, congestion, historic and agricultural preservation, orderly development) and required ordinance contents. This is a county-and-municipal delegation model with no general state-level zoning authority.

The delegation

§8A-7-1. Authority for zoning ordinance. (a) The governing body of a municipality or a county may regulate land use within its jurisdiction by: (1) Adopting a comprehensive plan; (2) Working with the planning commission and the public to develop a zoning ordinance; and (3) Enacting a zoning ordinance. (b) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction. (c) A zoning ordinance shall cover a municipality's entire jurisdiction. (d) A municipality may adopt, by reference, the zoning ordinance of the county in which it is located. §8A-7-2. Contents of zoning ordinance. (a) The following must be considered when enacting a zoning ordinance: (1) Promoting general public welfare, health, safety, comfort and morals; (2) A plan so that adequate light, air, convenience of access and safety from fire, flood and other danger is secured; (3) Ensuring attractiveness and convenience is promoted; (4) Lessening congestion; (5) Preserving historic landmarks, sites, districts and buildings; (6) Preserving agricultural land; and (7) Promoting the orderly development of land. (b) A zoning ordinance may include [among other provisions] regulating the use of land; flexible planning standards; historic districts; overlay districts; design standards; height, area and bulk regulations; factory-built home standards; preservation of green space; traffic and parking regulations; flood-prone area regulations; airport area designations; planned unit developments; and urban growth boundaries. (c) A zoning ordinance shall: (1) Create a board of zoning appeals; (2) Specify certification requirements for zoning district maps consistent with the governing body's comprehensive plan; (3) Adopt procedures and requirements for nonconforming land uses; (4) Adopt procedures and requirements for variances; and (5) Adopt procedures and requirements for conditional use permits.

Verification

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Verified against the official West Virginia Legislature code site (code.wvlegislature.gov). (a) Real, current statute: W. Va. Code Chapter 8A ("Land Use Planning"), Article 7 ("Zoning Ordinance"), §8A-7-1 et seq. is a genuine, in-force statute. Confirmed §8A-7-1 ("Authority for zoning ordinance"), §8A-7-2, and additional sections (8A-7-3 through 8A-7-10, 8A-7-8a) all exist and are current. Justia shows Chapter 8A as current through the 2024 code. (b) Genuine zoning enabling authority: §8A-7-1 is the operative grant. Official text confirmed verbatim: "(a) The governing body of a municipality or a county may regulate land use within its jurisdiction by: (1) Adopting a comprehensive plan; (2) Working with the planning commission and the public to develop a zoning ordinance; and (3) Enacting a zoning ordinance. (b) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction. (c) A zoning ordinance shall cover a municipality's entire jurisdiction. (d) A municipality may adopt, by reference, the zoning ordinance of the county in which it is located." This matches the claim's summary point-for-point (county may cover all or part; municipality must cover entirety; municipality may adopt county ordinance by reference). Not repealed or unrelated. The prior enabling law (former Chapter 8, Article 24, "Planning and Zoning") was repealed by Acts 2004, Reg. Sess., Ch. 153, and Chapter 8A was enacted in 2004 as the modernized/consolidated replacement — confirming the claim's enactment history. §8A-7-2 confirmed to enumerate police-power purposes (e.g., "Promoting general public welfare, health, safety, comfort and morals," "Preserving historic landmarks, sites, districts and buildings," "Preserving agricultural land") and required ordinance contents (board of zoning appeals, district map certification, nonconforming use, variance, conditional use procedures) — consistent with the claim and the Standard State Zoning Enabling Act lineage. (c) authority_model = county_and_municipal is accurate. Both counties and municipalities are expressly granted zoning power by §8A-7-1; there is no general state-level zoning authority. Correct delegation model. All three required elements confirmed. No corrections needed.