West Virginia Ordinances (2026)
Browse local rules across West Virginia counties and cities. Pick a county or topic below to see the rules that apply.
West Virginia has 1 cities and 1 counties in our database. Local ordinances in West Virginia operate alongside state law, and cities often set their own rules for noise, parking, fencing, short-term rentals, and other topics that directly affect residents.
West Virginia Statewide Rules(69 rules)
These rules apply uniformly across West Virginia. State law preempts local regulation on these topics, so cities and counties must follow these statewide standards.
Severity: Permissive (allowed) · Moderate (some limits) · Strict (prohibited or heavily restricted)
Animal Hoarding
Heavy RestrictionsWest Virginia does not have a dedicated animal hoarding statute, but its general animal cruelty law criminalizes failure to provide adequate food, water, shelter, and veterinary care. Hoarding situations are…
Read full rule →Beekeeping
Some RestrictionsWest Virginia's Apiary Law requires all beekeepers to register their colonies with the Department of Agriculture and authorizes the state apiarist to inspect hives, quarantine diseased colonies, and order…
Read full rule →Chickens & Livestock
Some RestrictionsWest Virginia's Right-to-Farm Act protects established agricultural operations, including chicken and livestock keeping, from nuisance lawsuits and certain local ordinances when operations follow generally…
Read full rule →Dog Leash Laws
Some RestrictionsWest Virginia state law requires dogs over six months old to be confined or under reasonable control and prohibits dogs from running at large. The state also imposes registration and vaccination duties that…
Read full rule →Exotic Pets
Heavy RestrictionsWest Virginia's Dangerous Wild Animal Act prohibits private possession, breeding, sale, and transfer of listed dangerous wild animals including big cats, bears, primates, and certain reptiles, with limited…
Read full rule →Wildlife Feeding
Some RestrictionsWest Virginia Division of Natural Resources regulations prohibit intentionally feeding black bears statewide and restrict baiting of deer and other wildlife. These rules apply uniformly under WV Code Chapter…
Read full rule →Dispensary Zoning
Some RestrictionsWest Virginia Code §16A-9-1 limits how municipalities may zone medical cannabis dispensaries, prohibiting outright bans on permitted facilities while preserving reasonable distance and zoning rules consistent…
Read full rule →Home Cultivation
Heavy RestrictionsWest Virginia Code §16A and Chapter 60A categorically prohibit home cultivation of cannabis, even by registered medical patients, preempting any local rule that would attempt to authorize personal grows in…
Read full rule →Juvenile Curfew
Some RestrictionsWest Virginia Code §7-1-12 authorizes counties and municipalities to enact juvenile curfews for persons under 18. State law caps municipal court juvenile jurisdiction and bars incarceration sentences.
Read full rule →Commercial Drones
Some RestrictionsCommercial drone operations in West Virginia require FAA Part 107 remote pilot certification under federal law, with state criminal statutes in WV Code §61-16 adding limits on weaponization, surveillance, and…
Read full rule →Recreational Drones
Some RestrictionsRecreational drone flight in West Virginia is governed primarily by FAA Part 107 and recreational flyer rules, with state law adding criminal restrictions under WV Code §61-16 against weaponized drones…
Read full rule →Minimum Wage Preemption
Some RestrictionsWest Virginia sets a uniform minimum wage and overtime framework under W. Va. Code 21-5C, leaving little room for higher local minimum wages.
Read full rule →Paid Leave Preemption
Some RestrictionsWest Virginia has no statewide private-sector paid sick leave mandate, and local governments have limited authority to impose paid leave on private employers.
Read full rule →Worker Scheduling Preemption
Some RestrictionsWest Virginia has no statewide predictive scheduling law and no broadly recognized authority for cities to impose fair workweek mandates.
Read full rule →Erosion Control
Heavy RestrictionsWest Virginia regulates erosion and sediment control through DEP construction stormwater permits under WV Code §22-11 and surface mining rules under §22-3, applying uniform best-management-practice standards…
Read full rule →Flood Zones
Heavy RestrictionsWest Virginia Code §29-29 establishes the State Floodplain Management Act, designating the Office of Emergency Management as state coordinator for the National Flood Insurance Program and requiring…
Read full rule →Grading & Drainage
Some RestrictionsWest Virginia regulates land grading and drainage through DEP construction stormwater rules in WV Code §22-11, surface mining and oil-and-gas earthwork rules in §22-3 and §22-6A, and statewide building code…
Read full rule →Stormwater Management
Heavy RestrictionsWest Virginia Code §22-11 and Department of Environmental Protection rules administer the federal NPDES stormwater program statewide, requiring permits for construction, industrial, and MS4 municipal…
Read full rule →Pool Barriers
Heavy RestrictionsWest Virginia adopts the International Swimming Pool and Spa Code and IRC Chapter 42 statewide through the State Fire Commission. Residential pools deeper than 24 inches must have a 48-inch barrier with…
Read full rule →Fire Pit Rules
Some RestrictionsWest Virginia regulates outdoor recreational fires through forest fire season restrictions in Code Section 20-3-5 and the State Fire Code adopted by the State Fire Commission, which apply uniformly to backyard…
Read full rule →Fireworks
Some RestrictionsWest Virginia legalized consumer fireworks statewide in 2016 under Code Chapter 29 Article 3E, establishing licensing requirements for retailers, an annual safety fee, and uniform standards that govern sales…
Read full rule →Outdoor Burning
Heavy RestrictionsWest Virginia prohibits outdoor burning during designated spring and fall forest fire seasons under Code Chapter 20 Article 3 Section 5, applying uniformly statewide between specified dates and daytime hours…
Read full rule →Propane Storage
Heavy RestrictionsWest Virginia regulates propane storage, handling, and installation through the State Fire Code adopted by the State Fire Commission under Code Section 29-3-5b, incorporating NFPA 58 standards uniformly…
Read full rule →Wildfire Zones
Heavy RestrictionsWest Virginia Code Chapter 20 Article 3 establishes Division of Forestry authority over wildfire protection statewide, imposing strict liability for fire suppression costs and uniform restrictions in all…
Read full rule →Concealed Carry
Some RestrictionsWest Virginia allows permitless concealed carry for adults aged 21 and older and issues optional shall-issue permits for reciprocity and federal purposes.
Read full rule →Local Firearms Preemption
Some RestrictionsWest Virginia broadly preempts municipal and county firearm regulation under W. Va. Code 8-12-5a, leaving most lawmaking authority to the Legislature.
Read full rule →Open Carry
Some RestrictionsWest Virginia generally permits open carry of firearms by lawful adults without a license, subject to location-based restrictions in state law.
Read full rule →Firearms in Vehicles
Some RestrictionsWest Virginia allows lawful adults to carry firearms in their motor vehicles without a permit, consistent with the state's permitless carry law and broad preemption of local rules.
Read full rule →Food Truck Permits
Some RestrictionsWest Virginia requires all mobile food units to obtain a permit from the local health department under state Bureau for Public Health rules. The Mobile Food Establishment Reciprocity Act allows operators with…
Read full rule →Assessment & Dues
Heavy RestrictionsUnder West Virginia's Uniform Common Interest Ownership Act, W. Va. Code § 36B-3-116, an association has an automatic lien on a unit for unpaid assessments and fines from the time they become due. The lien…
Read full rule →Board Procedures
Some RestrictionsUnder West Virginia's Uniform Common Interest Ownership Act, § 36B-3-108 requires at least one association meeting a year with 10-60 days' agenda notice; it does not impose a general open-meeting mandate…
Read full rule →CC&R Enforcement
Some RestrictionsWest Virginia's W. Va. Code § 36B-3-102 lets a unit owners' association adopt and amend rules and regulate use and modification of common elements. It enforces the declaration, bylaws, and rules through…
Read full rule →HOA Fines & Enforcement
Some RestrictionsWest Virginia's Uniform Common Interest Ownership Act, W. Va. Code § 36B-3-102(a)(11), lets an association levy reasonable fines for violations of the declaration, bylaws, and rules, but only after notice and…
Read full rule →HOA vs. City Rules
Some RestrictionsWest Virginia protects solar access: under W. Va. Code § 36-4-19, housing-association covenants that prohibit or restrict installing a solar energy system are void and unenforceable, subject to limited…
Read full rule →Cottage Food Operations
Few RestrictionsWest Virginia Code §19-35 establishes statewide cottage food rules allowing home producers to sell non-potentially hazardous foods directly to consumers without commercial kitchen licensing, preempting most…
Read full rule →Home Daycare
Heavy RestrictionsWest Virginia Code §49-2-114 and Bureau for Family Assistance regulations establish statewide licensing and registration tiers for in-home child care, preempting local efforts to impose conflicting child care…
Read full rule →E-Verify Mandates
Some RestrictionsWest Virginia does not impose a universal statewide E-Verify mandate on private employers, leaving federal law and limited public contracting rules to govern verification.
Read full rule →Sanctuary Policy Preemption
Some RestrictionsWest Virginia has no statewide statute banning sanctuary jurisdictions, though legislation such as HB 4456 has been introduced in the Legislature without becoming law.
Read full rule →Composting
Some RestrictionsWest Virginia Code §22-15 and 45CSR6 set statewide composting and open burning standards. Residential backyard composting is exempt from solid waste permits, but open burning is regulated and largely…
Read full rule →Rainwater Harvesting
Few RestrictionsWest Virginia state law imposes no restrictions on residential rainwater harvesting. Collection of rainwater for non-potable uses is universally legal, with state agencies actively encouraging rain barrel…
Read full rule →Tree Removal & Heritage Trees
Heavy RestrictionsWest Virginia Code §61-3-48 establishes statewide treble damages liability for unauthorized cutting, damaging, or removal of trees, timber, and growing plants from another person's land without written…
Read full rule →Aircraft Noise
Few RestrictionsAircraft noise regulation in West Virginia is preempted by federal law under the Federal Aviation Act and Noise Control Act. Local and state attempts to set curfews, altitude limits, or operational…
Read full rule →Abandoned Vehicles
Some RestrictionsWest Virginia Code Chapter 17, Article 24A governs abandoned motor vehicles statewide, establishing uniform procedures for removal, notice, titling, and disposal that local agencies must follow when handling…
Read full rule →Eviction Notice & Process
Few RestrictionsWest Virginia requires no pre-suit notice before filing to evict for nonpayment of rent. Under W. Va. Code § 55-3A-1 a landlord may file a verified wrongful-occupation petition in magistrate or circuit court…
Read full rule →Repairs & Habitability
Some RestrictionsWest Virginia statutorily requires landlords to deliver and maintain rental dwellings in a fit and habitable condition under W. Va. Code § 37-6-30, and Teller v. McCoy recognizes a non-waivable implied…
Read full rule →Just Cause Eviction
Some RestrictionsWest Virginia Code §55-3A establishes a uniform statewide summary eviction procedure for nonpayment, lease violations, and illegal activity. Cities cannot expand or alter these procedural rules.
Read full rule →Landlord Entry & Notice
Few RestrictionsWest Virginia has no statute setting an advance-notice period for landlord entry. Chapter 37, Article 6 is silent on routine access, so entry is governed by the lease and the tenant's common-law right to quiet…
Read full rule →Late Fees & Grace Periods
Few RestrictionsWest Virginia sets no statutory cap on rent late fees and no mandatory grace period. Chapter 37, Article 6 does not address late charges, so they are governed entirely by the lease. A late fee is enforceable…
Read full rule →Lease Termination & Notice to Vacate
Some RestrictionsTo end a month-to-month tenancy in West Virginia, either party must give written notice of one full rental period before the end of a period under W. Va. Code § 37-6-5. A year-to-year tenancy needs at least…
Read full rule →Rent Control
Few RestrictionsWest Virginia has no statewide rent control and no statute that expressly bans or authorizes local rent control, so the question is not directly addressed in state law. No West Virginia city or county…
Read full rule →Rent Increase Notice
Few RestrictionsWest Virginia has no statute setting a rent-increase notice period and no rent control, so the lease governs. A landlord cannot raise rent during a fixed-term lease, but for a month-to-month tenancy may…
Read full rule →Security Deposit Rules
Some RestrictionsWest Virginia sets no cap on the amount of a residential security deposit. After a tenancy ends, the landlord must return the deposit, with a written itemization of any damages or charges, within the notice…
Read full rule →Squatter's Rights & Adverse Possession
Some RestrictionsWest Virginia requires ten years of adverse possession to claim title to land under W. Va. Code § 55-2-1. The possession must run continuously for the full statutory period, and a tenant who simply holds over…
Read full rule →Agricultural Zoning Protection
Some RestrictionsWest Virginia limits local zoning that would restrict bona fide agricultural uses, working alongside the Right to Farm Act in W. Va. Code 19-19.
Read full rule →Farm Nuisance Protection
Some RestrictionsThe West Virginia Right to Farm Act in W. Va. Code 19-19 protects established agricultural operations from nuisance lawsuits brought by neighbors.
Read full rule →Taxes & Fees
Heavy RestrictionsWest Virginia imposes a statewide hotel occupancy tax framework that applies to short-term rentals offered for fewer than thirty consecutive days, with consumer sales tax and marketplace facilitator collection…
Read full rule →Political Signs
Some RestrictionsWest Virginia Code 17-19-1 prohibits any sign, including campaign signs, on or over state highway right-of-way. WVDOH right-of-way generally extends 20 feet from a road centerline. Violations are misdemeanors…
Read full rule →Plastic Bag Rules
Some RestrictionsWest Virginia has no statewide plastic bag ban or fee and no statute expressly preempting local bag ordinances, leaving the area lightly regulated.
Read full rule →Polystyrene Foam Rules
Some RestrictionsWest Virginia does not impose a statewide ban on polystyrene foam food containers, regulating disposal under the general Solid Waste Management Act.
Read full rule →Plastic Straw Rules
Some RestrictionsWest Virginia has no statewide statute regulating plastic straws, relying on general solid waste laws and voluntary business practices.
Read full rule →Solicitor Permits
Some RestrictionsWest Virginia Code Chapter 47 Article 19 requires transient vendors and door-to-door solicitors selling goods or services to obtain a state Transient Vendor License, with uniform application and bonding…
Read full rule →Fencing Requirements
Heavy RestrictionsWest Virginia regulates public swimming pools, spas, and bathing places under the Public Bathing Places Act. State rules require enclosure barriers, self-closing gates, and depth markings around regulated…
Read full rule →Safety Rules
Heavy RestrictionsWest Virginia's Public Bathing Places Act and Bureau for Public Health rules set statewide safety standards for public pools and spas, covering water quality, lifeguard requirements, rescue equipment, signage…
Read full rule →Tobacco Age Restrictions
Some RestrictionsWest Virginia prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21 under W. Va. Code 16-9A-3.
Read full rule →Flavored Tobacco Bans
Some RestrictionsWest Virginia has no statewide ban on flavored tobacco or vapor products, leaving most regulation to federal law and limited local clean-indoor-air rules.
Read full rule →Vape Retail Rules
Some RestrictionsRetailers selling electronic cigarettes and vapor products in West Virginia must comply with tax, age verification, and licensing rules administered by state law.
Read full rule →Bulk Item Disposal
Heavy RestrictionsWest Virginia Code Chapter 22 Article 15A prohibits illegal dumping and littering of bulk items statewide, requiring large or hazardous waste be disposed at permitted facilities, with uniform enforcement and…
Read full rule →Pickup Rules & Schedules
Heavy RestrictionsWest Virginia Code Chapter 22C Article 4 requires every household and business in the state to subscribe to or use approved solid waste disposal services, with statewide enforcement through the Solid Waste…
Read full rule →Recycling Requirements
Some RestrictionsWest Virginia Code Chapter 22 Article 15A Section 18 establishes statewide recycling goals and authorizes the Recycling Assistance Program, with mandatory municipal recycling for cities over ten thousand…
Read full rule →Counties in West Virginia
1 county with verified ordinance data. Select a county to view its rules.
Cities in West Virginia
Unincorporated Communities in West Virginia
County ordinances apply to these unincorporated areas.