State Preemption of Local Zoning in West Virginia
How West Virginia state law overrides local zoning ordinances. ADU preemption, lot split preemption, and impact on city-level regulations.
Statewide Preemption Status Unconfirmed
No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.
What Is State Preemption?
State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.
West Virginia has limited preemption in housing law. Local governments generally have broad authority to regulate land use within their jurisdictions, subject to state constitutional and statutory limits.
Compare all 51 jurisdictions: ADU preemption table · Short-term rental preemption table
Source: West Virginia State Law. Last verified April 5, 2026. View source