West Virginia Plastic Bag Regulation Overview

Unlike several neighboring states, West Virginia has not enacted a statewide ban or fee on single-use plastic carryout bags, nor a preemption statute prohibiting local plastic bag rules. Municipalities and counties may consider bag ordinances under their general home rule and police powers, though such measures must comply with the state Solid Waste Management Act under W. Va. Code 22-15. Retailers remain subject to existing recycling and litter-control programs administered by the Department of Environmental Protection.

Violations of any local bag ordinance are typically civil infractions; statewide solid waste violations follow penalties in W. Va. Code 22-15.