SB 671
Creating By-Right Housing Development Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Creating By-Right Housing Development Act, aims to increase housing availability in West Virginia by streamlining the approval process for certain housing projects. Specifically, it allows for the ‘by-right’ approval of single-family homes, multifamily housing units, and accessory dwelling units (ADUs) if they comply with existing zoning and land use regulations. The Act establishes a process for monitoring compliance and provides an appeal process for denied permit applications.
Key provisions
- Allows for ‘by-right’ approval of single-family homes, multifamily housing units, and ADUs.
- Requires regulatory authorities to monitor compliance with approved housing developments.
- Establishes a process for appealing denied permit applications to the court.
- Defines ‘By-Right Development’ as approval based on compliance with regulations, not discretionary review.
- Defines key terms such as ‘Single-family homes,’ ‘Multifamily Housing Unit,’ and ‘Accessory Dwelling Unit (ADU)’.
- Protects the legality of existing restrictive covenants, condominium associations, and homeowners' associations.
- Outlines the court’s review process for permit denials, including a ‘de novo’ review and consideration of abuse of discretion.
- Specifies that the court can award attorney fees and expenses to the successful applicant.
Who is affected
- Homebuilders and Developers
- Potential Homebuyers
- Local Zoning Boards and Planning Commissions
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