West Virginia § 8-42-3 - 8-42-3. Exemptions.
Full text of West Virginia West Virginia Code § 8-42-3 — 8-42-3. Exemptions., with citation guidance and answers to common questions.
§ 8-42-3. 8-42-3. Exemptions.
(a) This article does not prohibit a municipality from regulating short-term rentals.
(b)(1)(A) A municipality may require a fee for reviewing applications to create accessory dwelling units; and
(B) The application fee may not exceed $250 for each accessory dwelling unit.
(2) Subdivision (1) of this subsection does not prohibit a municipality from requiring its usual building fees in addition to the application fee.
(c) A policy, regulation, or ordinance in effect on or after January 1, 2027, that applies to an accessory dwelling unit and does not comply with this article is invalid to the extent of its conflict with this article.
(d) A municipality may require an accessory dwelling unit to have:
(1) A will-serve letter from both the water system and the sewer system that serves the primary dwelling; or
(2) Approval from the Department of Health where municipal or private water service or sewer service is not available.
(e) This article does not:
(1) Supersede applicable regulatory requirements; or
(2) Prohibit a municipality from adopting a policy, regulation, or ordinance that is more permissive than the provisions under this article.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 8-42-3
What does West Virginia Code § 8-42-3 cover?
Section 8-42-3 ("8-42-3. Exemptions.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 8-42-3?
A common citation format is "West Virginia Code § 8-42-3" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 8-42-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.