West Virginia Statewide Rule
West Virginia Agricultural Zoning and Farm Land
Key Facts
- Authority
- Zoning authority in W. Va. Code Chapter 8A
- Authority
- Right to Farm Act limits zoning over farms
- Rule
- Comprehensive plans must address agriculture
- Rule
- Farm structures receive special treatment
- Rule
- Conflicts resolved favoring established farms
Summary
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.
§19-19-4. Agriculture not adverse; limitation of actions. The conduct of agriculture upon agricultural land shall not be deemed adverse to other use or uses of adjoining or neighboring land, whether such other land be used or occupied for residential, commercial, business or for governmental, or any uses other than agricultural. No complaint or right of action shall be maintained in any court of this state against the owner or operator of agricultural lands adverse to the conduct of agriculture upon agricultural lands, unless: (1) The complainant's use and occupancy of land of the complainant has existed upon his adjoining or neighboring land before the agricultural operation complained of upon the agricultural land; and (2) The conduct of such agricultural operation complained of has caused or will cause actual physical damage to the person or property of the owner or occupant of such adjoining or neighboring lands. Previous §19-19-3. Temporary change of agricultural operations. §19-19-4. Agriculture not adverse; limitation of actions.
Full Breakdown
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.
Violations & Penalties
Zoning enforcement that conflicts with the Right to Farm Act may be challenged in court and invalidated under 19-19 and 8A-7.
Frequently Asked Questions
Can a county zone out an existing farm?
Do farm buildings need zoning permits?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.