SB 673
Defining third-party challenges to development permits
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes a framework for challenging development permits in West Virginia. It defines key terms like ‘Development Permit’ and ‘Third-Party,’ and states that permits are presumed valid unless proven otherwise through legal action. The bill limits who can challenge a permit to adjacent property owners who can demonstrate a specific harm, and places a burden of proof on those challenging the permit. It also creates an expedited review process and requires transparency from issuing authorities, with unsuccessful challengers responsible for paying the applicant’s legal fees.
Key provisions
- Defines key terms such as ‘Development Permit,’ ‘Relevant Authority,’ and ‘Third-Party.’
- Establishes a presumption of validity for development permits unless proven otherwise.
- Limits third-party challenges to adjacent property owners who can demonstrate a concrete harm.
- Requires a ‘clear and convincing’ burden of proof for challenging permits.
- Creates an ‘expedited review process’ for resolving permit disputes within 60 days.
- Mandates transparency and accountability from issuing authorities.
- Grants a right to appeal permit denials due to third-party challenges.
- Requires unsuccessful third-party challengers to pay the applicant’s attorney’s fees.
Who is affected
- Property Owners
- Developers
- Governmental Authorities (Relevant Authorities)
- Legal Professionals
- Residents near development sites
Notable changes
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