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SB 659

Prohibiting certain restrictions on regulation of accessory dwelling units

2026 Regular Session Introduced by Zack Maynard and 2 co-sponsors

SB 659 prohibits West Virginia municipalities from restricting accessory dwelling units, removing local zoning authority to regulate secondary residential structures on properties.

Chapter 241, Acts, Regular Session, 2026
#municipalities
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Bill Summary · SB 659

Legislative bill overview

SB 659 prohibits local governments in West Virginia from imposing certain restrictions on accessory dwelling units (ADUs)—secondary residential structures on single-family properties. The bill limits municipalities' ability to regulate ADUs through zoning codes, effectively preempting local land-use authority in favor of statewide uniformity on this housing type.

Why is this important

ADUs are increasingly recognized as a tool to address housing shortages and affordability, allowing property owners to create rental income while increasing housing supply. This bill directly impacts local zoning control, housing development patterns, and potential tax revenues for municipalities, while potentially expanding affordable housing options across the state.

Potential points of contention

  • Local control vs. state mandate: Restricts municipal authority to enforce zoning regulations tailored to local infrastructure, parking, and neighborhood character concerns
  • Implementation specifics unclear: The bill's language on "certain restrictions" is vague—which regulations are actually prohibited remains ambiguous without seeing specific bill text
  • Infrastructure and services: Municipalities may face challenges providing utilities, water, sewage, and emergency services to newly permitted ADUs without planning input
  • Property tax implications: Cities and counties may experience reduced tax revenue if ADU regulations affect property values or development patterns differently than anticipated

Compiled from official sources — confirm details with the bill’s official record.

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