Bill
HB 5630
Requires 30-day notice for zoning amendments, ensures consistency with the comprehensive plan, and allows flexible notice methods with affidavits as proof of compliance.
HB 5630 (2026) – West Virginia: Notice for Amendments to a Zoning Ordinance
Overview
- Purpose: To require and standardize notice provisions when a governing body amends a zoning ordinance, including changes to zoning map classifications or dwelling unit density, and to provide alternatives and safeguards for notice to landowners and the public.
- Scope: Applies to amendments to the zoning ordinance under West Virginia Code §8A-7-8.
Key Provisions
1) Consistency with Comprehensive Plan
- Before any zoning ordinance amendment, the governing body (with advice from the planning commission) must determine the amendment is consistent with the adopted comprehensive plan.
- If inconsistent, the body must find there have been major unanticipated changes of economic, physical, or social nature that have substantially altered the area’s basic characteristics, justifying the amendment.
2) Notice Requirements for Map or Density Changes
- When a proposed amendment changes:
- a parcel’s zoning map classification, or
- a text regulation that changes the allowed dwelling unit density of any parcel,
- The governing body must provide at least 30 days’ notice before enactment if there is no election, or at least 30 days before an election on the amendment.
- Notice methods (mandatory):
- Written notice by certified mail to landowners directly involved in the amendment.
- Publication of notice in a local newspaper of general circulation (Class II-0 legal advertisement) per WV notice statutes.
3) Alternative Notice Methods (to reduce administrative burden)
- The bill permits substituting certified mail with a combination of:
- Regular first-class mail to landowners of record (per latest property tax assessment),
- Electronic mail notice to landowners who voluntarily provide an email address,
- Public posting on the municipality’s/county’s official website and in at least three public locations within the affected zoning district,
- Publication of a summary of the proposed amendment in a local newspaper (Class II-0), with two required legal advertisements:
- At least 30 days before the planning commission public hearing,
- At least 30 days before the governing body public hearing and enactment.
- An affidavit of notice (by the planning commission president for planning commission notices, or by the governing body's clerk for governing body notices) can serve as prima facie evidence of compliance.
- Substantial compliance: Failure of a landowner to receive actual notice does not invalidate the proceedings if the municipality/county substantially complied with notice requirements.
4) Administrative Considerations
- The bill emphasizes reducing administrative burden while maintaining meaningful notice and participation.
- It provides a structured framework for notice timing, modes, and evidence of compliance.
Who is Affected
- Municipalities and counties that adopt or amend zoning ordinances.
- Landowners directly affected by zoning map changes or changes in dwelling unit density.
- Planning commissions and local governing bodies (councils, boards) responsible for administering zoning amendments.
Procedural/Timeline Aspects
- Notice period: Minimum of 30 days prior to enactment (or prior to an election on the amendment).
- Public hearing and notice deadlines: Aligns with planning commission hearing and governing body hearing timelines, with explicit 30-day windows for advertisements.
- Documentation: Affidavits of notice provide prima facie evidence of compliance; substantial compliance safeguards exist for non-receipt of actual notice.
Summary
HB 5630 seeks to codify and broaden notice requirements for zoning ordinance amendments, ensuring consistency with comprehensive plans while providing flexible, cost-effective notice alternatives. It enhances transparency and public participation through specified timelines, multiple notice channels, and formal proof of notice, while preserving a pathway for administrative efficiency.
Compiled from official sources — confirm details with the bill’s official record.
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