West Virginia Ordinances (2026)

West 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 prosecuted under cruelty and neglect provisions statewide.

West 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 destruction or treatment to control honeybee diseases statewide.

West 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 accepted practices and existed prior to changing land use conditions.

West 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 apply uniformly across all counties.

West 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 exceptions for accredited zoos, sanctuaries, and grandfathered owners.

West 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 20 and supersede conflicting local approaches.

West 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 with treatment of pharmacies under state law.

West 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 homes or accessory structures.

West 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.

Commercial 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 interference with critical operations.

Recreational 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, voyeurism, and interference with first responders.

West Virginia sets a uniform minimum wage and overtime framework under W. Va. Code 21-5C, leaving little room for higher local minimum wages.

West Virginia has no statewide private-sector paid sick leave mandate, and local governments have limited authority to impose paid leave on private employers.

West Virginia has no statewide predictive scheduling law and no broadly recognized authority for cities to impose fair workweek mandates.

West 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 that municipalities must follow on regulated sites.

West 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 participating communities to adopt FEMA-compliant floodplain ordinances.

West 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 adoption under §29-3-5b.

West 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 discharges under uniform rules that supersede inconsistent local regulations.

West 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 self-closing, self-latching gates.

West 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 fire pits statewide.

West 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 and certain use restrictions across all jurisdictions.

West 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 regardless of local authority.

West 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 statewide for residential and commercial properties.

West 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 forested areas regardless of locality.

West Virginia allows permitless concealed carry for adults aged 21 and older and issues optional shall-issue permits for reciprocity and federal purposes.

West Virginia broadly preempts municipal and county firearm regulation under W. Va. Code 8-12-5a, leaving most lawmaking authority to the Legislature.

West Virginia generally permits open carry of firearms by lawful adults without a license, subject to location-based restrictions in state law.

West 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.

West 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 one county permit to operate statewide without duplicate inspections.

West 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 local food-handling permit requirements for qualifying products.

West 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 operating standards on family providers.

West Virginia does not impose a universal statewide E-Verify mandate on private employers, leaving federal law and limited public contracting rules to govern verification.

West Virginia has no statewide statute banning sanctuary jurisdictions, though legislation such as HB 4456 has been introduced in the Legislature without becoming law.

West 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 prohibited.

West 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 programs.

West 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 permission.

Aircraft 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 restrictions on aircraft are generally invalid.

West 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 derelict vehicles on public or private property.

West 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.

West Virginia limits local zoning that would restrict bona fide agricultural uses, working alongside the Right to Farm Act in W. Va. Code 19-19.

The West Virginia Right to Farm Act in W. Va. Code 19-19 protects established agricultural operations from nuisance lawsuits brought by neighbors.

West 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 rules applied uniformly.

West 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 with daily fines.

West Virginia has no statewide plastic bag ban or fee and no statute expressly preempting local bag ordinances, leaving the area lightly regulated.

West Virginia does not impose a statewide ban on polystyrene foam food containers, regulating disposal under the general Solid Waste Management Act.

West Virginia has no statewide statute regulating plastic straws, relying on general solid waste laws and voluntary business practices.

West 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 requirements applied across all counties.

West 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 pools. Private residential pool fencing is governed by local building codes.

West 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, and operational permits. These standards apply uniformly to all regulated facilities.

West Virginia prohibits the sale of tobacco, vapor, and alternative nicotine products to anyone under 21 under W. Va. Code 16-9A-3.

West Virginia has no statewide ban on flavored tobacco or vapor products, leaving most regulation to federal law and limited local clean-indoor-air rules.

Retailers selling electronic cigarettes and vapor products in West Virginia must comply with tax, age verification, and licensing rules administered by state law.

West 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 substantial penalties applied across all counties.

West 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 Management Board and county authorities.

West 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 population applied uniformly under state law.