West Virginia Agricultural Zoning and Farm Land

Local zoning authority in West Virginia is granted under W. Va. Code Chapter 8A (Land Use Planning), but cannot be used to declare protected agricultural operations a nuisance under the Right to Farm Act. County and municipal planning commissions must consider agricultural land use when developing comprehensive plans, and special protections apply to farm structures and on-farm processing. Conflicts between zoning and farm protection are resolved in favor of established agricultural operations consistent with 19-19.

Zoning enforcement that conflicts with the Right to Farm Act may be challenged in court and invalidated under 19-19 and 8A-7.