SB 805
Promoting personal agriculture
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to allow West Virginians to engage in personal agriculture, specifically by making it unenforceable for housing associations to restrict home gardens or the ownership of chickens. It defines key terms like ‘personal agriculture,’ ‘chicken,’ and ‘housing association,’ and includes exceptions for historical preservation and reasonable restrictions. The bill seeks to remove barriers to residents growing their own food and raising a limited number of chickens.
Key provisions
- Prohibits housing association covenants from restricting home gardens (including container gardening).
- Prohibits housing association covenants from restricting the ownership of up to four chickens.
- Defines ‘personal agriculture’ as cultivating edible plants for personal use.
- Defines ‘chicken’ as a hen or pullet.
- Defines ‘housing association’ as a private group managing common areas in a community.
- Allows housing associations to remove restrictions on gardens and chickens by member vote.
- Excludes restrictions related to historical preservation, architectural significance, or religious importance.
- Allows associations to regulate personal agriculture through land use and safety standards.
Who is affected
- Homeowners
- Housing Associations (Homeowners Associations, HOAs)
- Residents of West Virginia
- Agricultural enthusiasts
- Community members
Notable changes
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