West Virginia Statewide Rule
West Virginia Plastic Bag Regulation Overview
Key Facts
- Note
- No statewide plastic bag ban or fee
- Code Reference
- No express statewide preemption statute
- Note
- Local ordinances possible under home rule
- Note
- Solid Waste Management Act still applies
- Note
- DEP administers recycling and litter programs
Summary
West Virginia has no statewide plastic bag ban or fee and no statute expressly preempting local bag ordinances, leaving the area lightly regulated.
Subject to §16-63-3 of this code, a local unit of government may not adopt or enforce an ordinance that does any of the following: (1) Regulates the use, disposition, or sale of auxiliary containers. (2) Prohibits or restricts auxiliary containers. (3) Imposes a fee, charge, or tax on auxiliary containers.
Full Breakdown
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 & Penalties
Violations of any local bag ordinance are typically civil infractions; statewide solid waste violations follow penalties in W. Va. Code 22-15.
Frequently Asked Questions
Does West Virginia charge a statewide plastic bag fee?
Can a West Virginia city ban plastic bags?
Sources
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