Bolthole Index

Brooke County, West Virginia

Building permits, zoning and land rules in Brooke County, West Virginia

56Index Score / 100
#48 of 55 in West Virginia

Unincorporated Brooke County, West Virginia does not require a county residential building permit and has no county zoning12. Septic permits for every address, city or not, go through the Brooke County Health Department34. Inside Wellsburg, the city issues its own building permits and sets zoning56.

At a glance

Building permit
No county residential building permit in unincorporated areas; Wellsburg and other municipalities run their own157
Zoning
No county zoning; Wellsburg and Bethany zone inside their limits8269
Septic permit
Required before installation; apply through the Brooke County Health Department3410
RV or tiny-home living
No county zoning restriction in unincorporated areas; septic, floodplain and municipal rules still apply113127
County zoning dimensions
No county zoning-based minimum dwelling size, lot size, setback, lot-coverage or height standard in unincorporated areas1314151617
Agricultural buildings
Buildings used primarily for agriculture are exempt from the State Building Code and State Fire Code; eligibility goes to the state Department of Agriculture1819
Owner-builder
Personally performed owner or occupant work is exempt from contractor licensure, but not other approvals20
Water well
Local health-department permit required before drilling, modifying or abandoning a well21
Floodplain development
Permit required in designated floodplain areas; the permit cost varies1222

Who to call

Septic permits

Brooke County Health Department

Onsite sewage applications, septic-system information and local environmental-health administration

(304) 737-3665

Courthouse 2nd Floor, 204 Courthouse Square, Wellsburg, WV 26070

Floodplain permits

Brooke County Floodplain Manager

Questions and permits for development in designated Brooke County floodplain areas

(304) 737-5002

bfowler@brookecountyema.com

Also useful

Brooke County Commission

County-government questions not assigned to the Health Department or floodplain manager

304-737-4024

632 Main St. Wellsburg, WV

Contact details are copied from each office’s official page and were checked against it on October 15, 2026.

Off-grid gear

Going off-grid in Brooke County means bringing your own water and power. The kit we’d start with:

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Do you need a building permit in Brooke County, West Virginia?

Unincorporated Brooke County does not impose a county residential building permit1. West Virginia adopted its State Building Code in 1990, but local jurisdictions are not required to adopt it23. A county or municipality that does adopt and enforce a building code must use the State Building Code, and the code has force only where it is adopted2425. Inside Wellsburg, a city building permit is required before most construction, repair or demolition5. Septic permits still come from the Brooke County Health Department for every address10.

Other approvals apply without a county residential permit. Development in a designated floodplain needs a county or community permit, and the fee varies1222. The State Fire Marshal's inspection mandate excludes one- and two-family dwelling houses26.

Farm buildings get a separate path. Buildings used primarily for agricultural purposes are exempt from the State Building Code, the State Fire Code and any adopted county or municipal building code18. Farm structures used for group sleeping for farm workers, health care or detention are not exempt from the State Fire Code, and a formal request goes to the West Virginia Department of Agriculture19. Claiming the building-code exemption means submitting the property's primary use to the Commissioner of Agriculture for an eligibility decision27.

Who issues building permits in Brooke County, and how do you reach them?

Brooke County has no general residential building-permit office for unincorporated construction, because the county does not impose that permit1. Call the Brooke County Commission at 304-737-4024 or visit 632 Main St. in Wellsburg for county-government questions not assigned to another office28.

The county's rules apply to unincorporated Brooke County. Inside Wellsburg, the city's own building inspector and permit office handle building permits5. Bethany has adopted the State Building Code within town limits29. Weirton lies mainly in Hancock County and reaches into Brooke County30. In every city, septic permits still come from the Brooke County Health Department at (304) 737-3665, Courthouse 2nd Floor, 204 Courthouse Square, Wellsburg, WV 2607010. The department provides the local application, while West Virginia supplies the statewide permit framework431. For mapped flood-hazard land, call the Brooke County Floodplain Manager at (304) 737-5002 or bfowler@brookecountyema.com32.

Does Brooke County have zoning?

The county's own FAQ says Brooke County has no zoning and tells anyone building inside an incorporated area to contact that city hall2. Unincorporated Brooke County therefore imposes no zoning-based minimum dwelling size, minimum lot size, setback, lot-coverage limit or building-height limit1314151617. Septic, floodplain, subdivision, health rules, specific county ordinances and private covenants can still constrain a project81415.

Municipal land is different. Wellsburg has zoning districts inside city limits6. The Town of Bethany's zoning governs land within its corporate limits and includes historic, residential/commercial and low-density residential districts9. Septic and well permits for those addresses stay with the Brooke County Health Department10.

How do septic permits work in Brooke County?

A written permit is required before installing or establishing an onsite septic system in Brooke County3. The Brooke County Health Department provides the local application and handles county septic administration under West Virginia's statewide framework333410. The application asks for property, facility, lot, water-source, subdivision, percolation-test and installer information35.

For lots created after July 1, 1970, an individual sewage-disposal permit is withheld until subdivision approval shows that proposed lots can meet the design standards35. Only 16% of Brooke County soils are rated without severe limitations for a conventional drain field, so settle septic feasibility early36. A private well requires a local health-department permit before drilling, modification or abandonment; in a subdivision using individual onsite sewage, written subdivision approval comes before well or sewage permits2137.

Off-grid toilets are limited under West Virginia's statewide sewage standards: a composting toilet may be used only together with an approved grey-water treatment and disposal system, and its design must meet NSF Standard 4138. Incinerating and chemical toilets also need an approved grey-water disposal system and approval from the Commissioner38.

Can you live in an RV or tiny home on your land in Brooke County?

Unincorporated Brooke County has no county zoning ordinance restricting RV occupancy, tiny-home occupancy or temporary camping11. That answer is limited to county zoning: an onsite sewage system still needs a written permit, and development in a designated floodplain still needs a county or community permit312. Ask the Brooke County Health Department how an occupied RV or tiny home will meet sewage requirements10.

Municipal rules remain separate. Inside Wellsburg, city zoning applies6; inside Bethany, town zoning and the adopted building code apply929. In West Virginia municipalities, at least one accessory dwelling unit is allowed by right on a parcel with a single-family dwelling, subject to applicable rules; a manufactured home may qualify when it meets the permanent-foundation and code conditions3940.

Building a home in Brooke County: the steps, in order

  1. Confirm whether the parcel is unincorporated or inside a city or town; inside Wellsburg, the city issues building permits5.
  2. For unincorporated land, proceed knowing Brooke County does not impose a general county residential building permit; ask the County Commission about any project-specific county ordinance1828.
  3. Check the flood map and contact the Floodplain Manager before site work if the property is in a designated floodplain1232.
  4. Apply to the Brooke County Health Department for the written septic permit and any needed well permit before installation or drilling32110.
  5. If the driveway connects to a state highway, obtain the free Division of Highways permit before building the approach41.
  6. If land disturbance reaches one acre or is part of a larger common development plan, obtain WVDEP stormwater authorization through its electronic system42.
  7. For a barn or other farm building, ask the West Virginia Department of Agriculture whether the agricultural exemption applies before skipping the building code1927.
  8. An owner or occupant may personally perform work without contractor licensure, but that exemption does not waive permits, inspections or other approvals20.

What should you check before buying land in Brooke County?

Start with jurisdiction: county zoning does not apply in unincorporated Brooke County, while Wellsburg and Bethany administer their own rules inside their limits4369. Then check flood status and septic feasibility before treating a house site as buildable1244. Conventional septic conditions are challenging across much of the county because just 16% of soils avoid a severe drain-field limitation36.

Terrain can compound site costs: 42.4% of county land has a slope of 15% or less, and 67.5% is wooded4546. Confirm legal access and, for a driveway onto a state highway, obtain the required state permit41. If municipal sewer runs along the street, alley, public way or easement abutting the parcel, a municipality or board of health may compel a residence to connect after written notice47. The effective property-tax rate is about 0.5% and the median annual property-tax bill is about $6904849.

Watch-outs

  • Unincorporated Brooke County has no county zoning restriction on RV or tiny-home occupancy, but septic, floodplain and municipal requirements remain separate113127.
  • Only 16% of Brooke County soils avoid a severe limitation for a conventional septic drain field, so settle septic feasibility before committing to a house site36.
  • Wellsburg and Bethany have their own zoning and building rules inside their limits, so the unincorporated Brooke County answer does not apply there6929.
  • Like the counties around it in West Virginia, Brooke County has no county zoning43.

Sources

  1. Weirton Daily Times - Brooke County commissioners mull zoning regulations (2026 county census)
  2. brookecountywv.gov, quoted and re-checked
  3. West Virginia Code §16-1-9, quoted and re-checked
  4. On Site Septic Systems, quoted and re-checked
  5. Wellsburg: 1707.01 Building Permit; Fee (Brooke County), quoted and re-checked
  6. Wellsburg: 1323.01 Zoning Districts Established (Brooke County), quoted and re-checked
  7. cityofwellsburg.us, quoted and re-checked
  8. brookecountywv.gov, quoted and re-checked
  9. Town of Bethany Ordinances, quoted and re-checked
  10. Brooke County Health Department (brookecountyhealthdepartment.com)
  11. West Virginia law on county zoning and building authority
  12. Floodplain Permits, quoted and re-checked
  13. brookecountywv.gov, quoted and re-checked
  14. brookecountywv.gov, quoted and re-checked
  15. brookecountywv.gov, quoted and re-checked
  16. brookecountywv.gov, quoted and re-checked
  17. brookecountywv.gov, quoted and re-checked
  18. West Virginia Code §15A-11-5. Promulgation of rules and statewide building code, quoted and re-checked
  19. 87CSR1 State Fire Code, quoted and re-checked
  20. West Virginia Code §30-42-6. Necessity for license; exemptions, quoted and re-checked
  21. Individual Water Supplies, quoted and re-checked
  22. Floodplain Permits, quoted and re-checked
  23. 2023 WV State Hazard Mitigation Plan, quoted and re-checked
  24. 2023 West Virginia State Hazard Mitigation Plan, quoted and re-checked
  25. West Virginia Code §15A-11-5. Promulgation of rules and statewide building code., quoted and re-checked
  26. West Virginia Code §15A-10-3. Powers and duties of State Fire Marshal, quoted and re-checked
  27. 87CSR4 State Building Code, quoted and re-checked
  28. Brooke County Commission (brookecountywv.gov)
  29. Town of Bethany Ordinances, Ordinance No. 106, quoted and re-checked
  30. Weirton: § 1705.01 Building Permits (Brooke County), quoted and re-checked
  31. West Virginia Code §16-1-9, quoted and re-checked
  32. Brooke County Floodplain Manager (wvinsurance.gov)
  33. On Site Septic Systems, quoted and re-checked
  34. 64-47 Sewage Treatment and Collection System Design Standards, quoted and re-checked
  35. On Site Septic Systems, quoted and re-checked
  36. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  37. Subdivision On-Site Sewage Systems, quoted and re-checked
  38. Sewage Treatment and Collection System Design Standards, 64 CSR 47, effective July 1, 2025, quoted and re-checked
  39. West Virginia Code §8-42-1. Definitions, quoted and re-checked
  40. West Virginia Code §8-42-1. Definitions, quoted and re-checked
  41. Encroachment Permits, quoted and re-checked
  42. Construction Stormwater General Permit (West Virginia statewide rule), quoted and re-checked
  43. brookecountywv.gov (2026 county census)
  44. West Virginia Code §16-1-9, quoted and re-checked
  45. Share of land at 15% slope or less: Bolthole Index county data
  46. Wooded share of land: Bolthole Index county data
  47. West Virginia Code §8-18-22, quoted and re-checked
  48. Effective property tax rate: Bolthole Index county data
  49. Median property tax bill: Bolthole Index county data

Written October 15, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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Compared with neighboring counties

Like all 6 of its neighbors, Brooke County has no countywide zoning.

RuleBrooke CountyOhio CountyHancock CountyMarshall CountyWetzel CountyMarion CountyTyler County
Building permitNot requiredLimitedNot requiredNot requiredLimitedNot requiredLimited
County zoningNoNoNoNoNoNoNo
Septic permitsCounty Health Dept.Wheeling-Ohio County Health Dept.County Health Dept.County Health Dept.Wetzel-Tyler Health Dept.County WV Health Dept.Wetzel-Tyler Health Dept.

County locator

Brooke County in West Virginia

56
County map
Brooke County highlighted among the West Virginia counties · colored by Index score

How Brooke County scores

Seclusion30100% ev.
Self-Sufficiency55100% ev.
Admin Boringness86100% ev.
Durability73100% ev.
Property Autonomy26100% ev.
Carry Cost87100% ev.

Evidence strength: 100%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$136kTypical home
0.5%Property tax
$4,024Land / acre
41.7"Annual rain
1.6% of yrsSevere drought
2.7 / yr (+2.7)Mid-century 100°F days
10.8 daysMid-century dry spell
1.64" (+6.3%)Mid-century 1-day rain
1.78×Wildfire change factor
100%Forward climate coverage
$1,062Home insurance / yr
-0.2% / yrInsurance growth
0%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
114,568People within 30 min
4,840,466People within 2 hr
122,889Radius comparison (15 mi)
239.6People / sq mi
0%Federal land
42.4%Land at 15% slope or less
16%Soils rated "not limited" for septic (strict USDA rating)
7,315 acWorkable land screen
67.5%Wooded land
70.7 tonsBiomass / forest ac
51.8°FAvg temp

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Cities and towns in Brooke County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Not yet researched: Village of Beech Bottom · Town of Bethany · Follansbee · Village of Windsor Heights

Answers from the rulebook for Brooke County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Brooke County rules

  • County-wide zoningAbsent

    Brooke County county zoning, including the county's unincorporated territory.

    • The county FAQ directs persons building inside an incorporated area to contact that city hall.
    • Other county ordinances may regulate specific subjects without constituting a general zoning ordinance.
    “Does the county have building code, zoning / planning regulations ? No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Local zoningVaries (with conditions)

    Aggregate of local land-use authority across Brooke County, including unincorporated territory and incorporated municipalities.

    • The county states that it has no zoning.
    • For construction inside an incorporated area, the county directs the applicant to contact the applicable city hall.
    • The current official municipal zoning maps and ordinances for each incorporated municipality were not located in this research pass.
    “The City Inspector in Wellsburg plays a critical role in ensuring compliance with building codes, zoning regulations, and other municipal ordinances”
    One more reviewed finding on this topic
    • Absent — General local zoning in Brooke County unincorporated areas.
      “Does the county have building code, zoning / planning regulations ? No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Zoning districts · by state lawNot published

    Unincorporated Brooke County: no county rule sets this, because Brooke County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The county FAQ directs persons building inside an incorporated area to contact that city hall.
    • Other county ordinances may regulate specific subjects without constituting a general zoning ordinance.
    “Does the county have building code, zoning / planning regulations ? No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Minimum dwelling sizeNone

    Minimum dwelling-size standards imposed by Brooke County zoning or planning regulations in unincorporated Brooke County.

    • The county FAQ states that incorporated areas must be handled by the applicable city hall; municipal rules may apply inside incorporated areas.
    • Septic, floodplain, subdivision, health, private-covenant, and other non-zoning requirements may still apply.
    “No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Minimum lot sizeNone

    Minimum lot-size standards imposed by Brooke County zoning or planning regulations in unincorporated Brooke County.

    • The county FAQ states that incorporated areas must be handled by the applicable city hall; municipal rules may apply inside incorporated areas.
    • Subdivision, septic, floodplain, health, private-covenant, and other non-zoning requirements may still apply.
    “No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • SetbacksNone

    Building setback standards imposed by Brooke County zoning or planning regulations in unincorporated Brooke County.

    • The county FAQ states that incorporated areas must be handled by the applicable city hall; municipal rules may apply inside incorporated areas.
    • Floodplain, highway-right-of-way, septic, subdivision, health, private-covenant, and other non-zoning requirements may still apply.
    “No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Lot coverageNone

    Lot-coverage standards imposed by Brooke County zoning or planning regulations in unincorporated Brooke County.

    • The county FAQ states that incorporated areas must be handled by the applicable city hall; municipal rules may apply inside incorporated areas.
    • Floodplain, stormwater, septic, subdivision, health, private-covenant, and other non-zoning requirements may still apply.
    “No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Building heightNone

    Building-height standards imposed by Brooke County zoning or planning regulations in unincorporated Brooke County.

    • The county FAQ states that incorporated areas must be handled by the applicable city hall; municipal rules may apply inside incorporated areas.
    • Floodplain, airport, building-code, septic, subdivision, health, private-covenant, and other non-zoning requirements may still apply.
    “No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Living in an RV · by state lawUnrestricted

    Unincorporated Brooke County: no county rule sets this, because Brooke County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The county FAQ directs persons building inside an incorporated area to contact that city hall.
    • Other county ordinances may regulate specific subjects without constituting a general zoning ordinance.
    “Does the county have building code, zoning / planning regulations ? No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Camping on your land · by state lawUnrestricted

    Unincorporated Brooke County: no county rule sets this, because Brooke County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The county FAQ directs persons building inside an incorporated area to contact that city hall.
    • Other county ordinances may regulate specific subjects without constituting a general zoning ordinance.
    “Does the county have building code, zoning / planning regulations ? No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Tiny homes · by state lawUnrestricted

    Unincorporated Brooke County: no county rule sets this, because Brooke County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The county FAQ directs persons building inside an incorporated area to contact that city hall.
    • Other county ordinances may regulate specific subjects without constituting a general zoning ordinance.
    “Does the county have building code, zoning / planning regulations ? No, the county has no zoning. If you are building inside an incorporated area you need to contact that city hall.”
  • Who permits septicCounty

    Installation or modification of onsite sewage disposal systems in Brooke County.

    • The Brooke County Health Department's official septic page provides the sewage system application and sewage system with discharge permit application.
    • The official county-hosted application provides fields for health-department site evaluation, fee payment, and permit issuance or denial.
    “For Health Department Use: Coordinates N W Date Rec’d Site Eval By Date Fee Pd Rec’d From Permit Issued Denied Permit # Comments”
    One more reviewed finding on this topic
    • Local — On-site septic-system administration for properties served by the Brooke County Health Department in Brooke County.
      “On Site Septic Systems Information for Homeowners [...] Sewage System Application (PDF) [...] Sewage Rules”
  • Building in a floodplainRequired

    Development in designated floodplain areas of Brooke County, including dredging, filling, grading, excavation, and new or replacement bridges, culverts, and other stream crossings.

    • The county or community permit officer determines whether the project lies within the designated floodplain and which standards apply.
    • Before permit issuance, copies of all other permits required by federal or state law are required.
    • Approximate A zones generally require pre- and post-development engineering demonstrating no unacceptable rise of 1 foot or greater.
    • AE zones without a designated floodway may not create more than a 1-foot cumulative rise and may require an engineering study.
    • AE zones with designated floodways require hydrologic and hydraulic analysis demonstrating zero rise.

    maximum cumulative rise in AE zone without floodway: <= 1 ft · base flood elevation rise in AE floodway: 0 ft (Zero rise required.)

    “Most stream restoration projects may therefore be considered “development”, for which a county or community permit is required.”
  • Permit feesVariable (with conditions)

    Floodplain development permits administered for projects in Brooke County floodplain areas.

    • The applicable county or community permit officer determines the fee.
    • The official state guidance does not publish a fixed Brooke County amount.

    permit cost: varies

    “Permit Cost: Varies”
  • Permit processPublished (with conditions)

    Onsite sewage disposal system permits for properties in Brooke County, including installation or modification of individual onsite sewage systems.

    • The Brooke County Health Department publishes a Sewage System Application and a Sewage System with Discharge Permit Application.
    • For lots created after July 1, 1970, permits for individual sewage disposal systems shall be withheld until subdivision approval has been granted indicating that the systems may be expected to comply with applicable design standards on all proposed building lots in the original tract.
    • The application requires property, facility, lot, water-source, subdivision, percolation-test, and installer information.
    • All homeowner installers must pass a certification examination administered by the Local Health Department before conducting percolation testing.
    • The applicant is responsible for informing the installer of existing or proposed sewage-system and water-source locations, including wells, and for consulting the sanitarian as necessary.
    “Application for a Permit to Install or Modify an Onsite Sewage Disposal System”

West Virginia rules that apply here

  • Building permitLimited

    Building permits for construction, repair, or alteration in West Virginia; permit requirements depend on the applicable local jurisdiction and whether that jurisdiction has adopted and enforces a building code or otherwise regulates the work by state law or municipal ordinance.

    • West Virginia does not have statewide building code requirements.
    • A community that adopts and enforces a building code must use the State Building Code.
    • Municipal governing bodies have authority to require a permit as a condition precedent to erection, construction, repair, or alteration of structures or equipment regulated by state law or municipal ordinance.
    • A municipality may not require such permits of the state, a county, or another governmental entity, or their contractors, agents, or employees, for structures or equipment designated for governmental use.
    • The cited statewide sources do not establish that every construction project in every jurisdiction requires a building permit.
    “While West Virginia does not have statewide building code requirements, the adoption and implementation of building codes is strongly encouraged.”
    One more reviewed finding on this topic
    • Limited — Construction in West Virginia counties and municipalities that adopt the State Building Code, including potentially unincorporated Brooke County if Brooke County adopted it.
      “The rules shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for building construction and all aspects related thereto and have force and effect in those counties and municipalities adopting the State Building Code: Provided, That each county or municipality may adopt the code to the extent that it is only prospective and not retroactive in its application; Provided, however, That buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted, such as the ICC International Property Maintenance Code.”
  • Owner-builder exemptionConditional

    Owner- or occupant-performed construction work in Brooke County where the issue is West Virginia contractor licensure.

    • Work personally performed on a structure by the owner or occupant is exempt from contractor licensure under §30-42-6(c)(8).
    • Work personally performed by an owner or lessee on property whose primary use is agricultural or farming enterprise is separately exempt under §30-42-6(c)(3).
    • This is a contractor-licensure exemption and does not by itself establish that a building permit, inspection, or other local approval is unnecessary.
    • If a building permit is required, §30-42-10 still requires proof of licensure or a written affidavit that the person is not subject to contractor licensure before permit issuance.
    “(8) Work personally performed on a structure by the owner or occupant thereof; and”
    One more reviewed finding on this topic
    • Available — A property owner or occupant personally performing construction work on a structure, for purposes of exemption from West Virginia contractor licensure.
      “Except as otherwise provided in this code, the following are exempt from licensure: [...] Work personally performed on a structure by the owner or occupant thereof;”
  • Building code adoptedPartial

    West Virginia's State Building Code framework and its application in counties and municipalities that adopt the code.

    • The State Building Code has force and effect in counties and municipalities adopting it; it is not automatically applicable statewide solely by state promulgation.
    • A county or municipality may adopt the code only prospectively, not retroactively.
    • Buildings or structures utilized primarily for agricultural purposes are exempt from the State Building Code, the State Fire Code, and any adopted county or municipal building code or ordinance such as the ICC International Property Maintenance Code.
    • If another state law, county or municipal ordinance, or agency regulation imposes a more stringent or higher standard and is not inconsistent with West Virginia law or contrary to recognized standards and good engineering practices, that provision governs.
    • Enforcement is the responsibility of the respective local jurisdiction.
    • The active State Building Code rule is West Virginia Code of State Rules 87-04, effective August 1, 2022.

    effective date: 2022-08-01

    “The rules shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for building construction and all aspects related thereto and have force and effect in those counties and municipalities adopting the State Building Code: Provided, That each county or municipality may adopt the code to the extent that it is only prospective and not retroactive in its application; Provided, however, That buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted, such as the ICC International Property Maintenance Code.”
    2 more reviewed findings on this topic
    • Partial — Building-code adoption in West Virginia, including Brooke County and its municipalities.
      “While West Virginia does not have statewide building code requirements, the adoption and implementation of building codes is strongly encouraged. Any community that wishes to adopt and enforce a building code is required to use the State Building Code.”
    • Adopted — The West Virginia State Building Code statewide, including its relationship to Brooke County.
      “In 1990, West Virginia adopted the West Virginia State Building Code. [...] The code is not required to be adopted by local jurisdictions.”
  • InspectionsLimited

    Fire and life-safety inspections by the West Virginia State Fire Marshal for occupancies subject to the State Fire Code.

    • The State Fire Marshal inspection mandate excludes one- and two-family dwellings.
    • The State Fire Marshal may enter dwelling houses during construction and before occupancy to determine compliance with conditions of permits or licenses issued by the State Fire Marshal.
    • State Fire Code exemptions include buildings used wholly as dwelling houses for no more than two families and buildings used primarily for agricultural purposes, subject to the stated farm-structure exceptions for group sleeping, health care, or detention/correctional occupancy.
    “The State Fire Marshal shall inspect all structures and facilities, other than one- and two-family dwelling houses, subject to the State Fire Code and this article, including, but not limited to, state, county, and municipally owned institutions, all public and private schools, health care facilities, theaters, churches, and other places of public assembly to determine whether the structures or facilities are in compliance with the State Fire Code.”
    One more reviewed finding on this topic
    • Limited — Structures and facilities in Brooke County that are subject to the West Virginia State Fire Code, except one- and two-family dwelling houses.
      “The State Fire Marshal shall inspect all structures and facilities, other than one- and two-family dwelling houses, subject to the State Fire Code and this article, including, but not limited to, state, county, and municipally owned institutions, all public and private schools, health care facilities, theaters, churches, and other places of public assembly to determine whether the structures or facilities are in compliance with the State Fire Code.”
  • Certificate of occupancyRequired

    A new building, an existing Industrial or Storage occupancy, or an existing building in which 50% or more of the space has been renovated or reconstructed, when covered by the West Virginia State Fire Code.

    • The certificate of occupancy must be obtained before the building is occupied or used for its intended purpose.
    • The certificate may involve the State Fire Marshal’s Office and is not limited to issuance by that office alone.
    • The State Fire Code does not apply to buildings used wholly as dwelling houses for no more than two families or buildings used primarily for agricultural purposes, except farm structures used for group sleeping accommodations for farm workers or for health care or detention/correctional occupancy.
    • Where applicable, projects must be designed by a licensed architect or professional engineer and obtain review approval from the Authority Having Jurisdiction before construction or the covered renovation/reconstruction.
    • After January 1, 2025, owners or occupants applying for a final inspection or certificate of occupancy must submit plan-review documents electronically.

    renovated or reconstructed space threshold: >= 50 percent (Existing building; the rule also covers every new building and existing Industrial and Storage occupancies.) · plan review completion period: <= 45 days (The Authority Having Jurisdiction must notify deficiencies; the owner or occupant has 10 days to submit additional documentation, and the AHJ has 10 days to complete review once requirements are met.) · electronic filing requirement effective date: 2025-01-01 (Applies to documents submitted for final inspection or certificate of occupancy.)

    “The owner or occupant of a new building, existing Industrial and Storage occupancies, or an existing building that has had 50% or more of the space renovated or reconstructed, shall obtain a certificate of occupancy including but not be limited to the State Fire Marshal’s Office alone, before the building is occupied or used for its intended purpose.”
  • Manufactured homesAllowed (with conditions)

    HUD-compliant factory-built homes, including manufactured homes, used as housing statewide in West Virginia.

    • The factory-built home standards, prototypes, subsystems, materials, and components must be certified acceptable by the federal Department of Housing and Urban Development.
    • Municipal and county land-use ordinances and regulations may apply, but must uniformly apply design standards and associated review and permitting procedures to factory-built and other single-family constructed homes.
    • Construction and installation must comply with applicable flood-zone requirements, including 44 C.F.R. §60.3(1976), and any applicable statute or rule relating to building in a flood zone.
    “(a) Notwithstanding any existing provisions of law, municipal or county ordinance or state building code, the standards for factory-built homes, housing prototypes, subsystems, materials and components certified as acceptable by the federal Department of Housing and Urban Development are considered acceptable and are approved for use in housing construction in this state. [...] (c) A governing body of a municipality or a county, when enacting any ordinance or regulation for the purposes of regulating the subdivision, development and use of land, shall uniformly apply such design standards and associated review and permitting procedures for factory-built and other single-family constructed homes. [...] (d) Factory-built homes, like other types of homes, shall be constructed and installed in conformity with the requirements of 44 C.F.R. §60.3(1976) and any applicable statute or rule relating to building in a flood zone.”
    2 more reviewed findings on this topic
    • Allowed (with conditions) — Use of a manufactured home as an accessory dwelling unit on a lot or parcel containing a single-family dwelling within a West Virginia municipality, including applicable municipal areas of Brooke County.
      “A manufactured home may be used as an accessory dwelling unit by right [...] in any zoning district where accessory dwelling units are permitted.”
    • Limited — Occupancy of a factory-built home site within a West Virginia factory-built home rental community.
      “However, nothing in this article prohibits a landlord from prescribing reasonable requirements governing, as a condition of occupancy, the style, size or quality of the factory-built home, or other structures placed on the factory-built home site.”
  • Accessory dwellingsAllowed (with conditions)

    At least one accessory dwelling unit by right on a lot or parcel containing a single-family dwelling within a West Virginia municipality, subject to the statutory definition and applicable regulatory requirements.

    • The accessory dwelling unit must be self-contained and independently accessed, be on the same parcel as a larger single-family dwelling, and include cooking, sleeping, and sanitation facilities.
    • The unit may be attached, detached, or internal to the single-family dwelling.
    • An attached or detached unit may not exceed 75 percent of the single-family dwelling's gross floor area or 1,000 square feet, whichever is less.
    • The municipality may impose applicable fire, building, construction, zoning, and other federal, state, and local regulatory requirements.
    • A municipality may require a water-system and sewer-system will-serve letter, or Department of Health approval where municipal or private water or sewer service is unavailable.
    • A municipality may charge an application-review fee up to $250 per accessory dwelling unit, in addition to usual building fees.
    • The statutory restrictions apply to policies, regulations, or ordinances in effect on or after January 1, 2027, and conflicting provisions are invalid to the extent of the conflict.
    • The statute does not regulate short-term rentals and does not supersede applicable regulatory requirements.

    maximum detached or attached ADU size: <= 75 percent of primary dwelling gross floor area (The alternative cap is 1,000 square feet, and the lesser limit controls.) · maximum detached or attached ADU size: <= 1000 square feet (The alternative cap is 75 percent of the primary dwelling gross floor area, and the lesser limit controls.) · maximum application-review fee: <= 250 USD per accessory dwelling unit (Usual building fees may be charged in addition to the application fee.) · conflicting municipal policy effective date: >= 2027-01-01 (Conflicting provisions are invalid to the extent of the conflict.)

    “a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one accessory dwelling unit”
    One more reviewed finding on this topic
    • Allowed (with conditions) — At least one accessory dwelling unit on a lot or parcel containing a single-family dwelling within a West Virginia municipality, including applicable municipal areas of Brooke County.
      “a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates [...] at least one accessory dwelling unit by right”
  • Septic permitRequired

    Installation or establishment of a sewage or excreta-disposal system statewide, including new septic systems and modifications to existing septic systems

    • A written permit must be obtained before installation or establishment.
    • Systems must be installed according to plans, specifications, and instructions issued by or approved in writing by the commissioner or authorized representative.
    • For new septic systems and modifications, permits require review and approval of the proper application, plans, and specifications.
    • Minor repairs may be performed without a permit in limited circumstances, including removal of tree roots from solid-wall pipe or repair of a collapsed pipe outside the drainfield; work within the drainfield area will generally require a permit.
    • Commercial or industrial wastes subject to West Virginia Department of Environmental Protection regulatory control are excluded from the scope of §16-1-9.
    “New septic tank systems and modifications to existing septic tank systems must be permitted prior to installation, pursuant to Sections 4.1 and 4.3 of the WV Legislative Rule 64 CSR 9, Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners (hereinafter referred to as the Sewer Systems Rule).”
    2 more reviewed findings on this topic
    • Required — Installation or establishment of any sewage or excreta-disposal system in Brooke County, including individual onsite sewage systems.
      “No person, firm, company, corporation, institution or association, whether public or private, county or municipal, may install or establish any system or method of drainage, water supply, or sewage or excreta disposal without first obtaining a written permit to install or establish the system or method from the commissioner or his or her authorized representative.”
    • Required — Installation or establishment of any sewage or excreta disposal system in Brooke County, including an onsite septic system.
      “No person, firm, company, corporation, institution or association, whether public or private, county or municipal, may install or establish any system or method of drainage, water supply, or sewage or excreta disposal without first obtaining a written permit to install or establish the system or method from the commissioner or his or her authorized representative.”
  • Septic inspectionRequired

    Installation of new septic tank systems and modifications to existing septic tank systems statewide in West Virginia

    • A septic system may not be used or placed into operation until installation has been approved in writing by the director.
    • No soil-absorption portion may be covered until approved in writing by the director; anything covered before approval may be ordered uncovered.
    • The director may conduct as many inspections as necessary during construction, installation, modification, or operation to determine compliance.
    • The procedure states that proper final inspection is necessary to verify the system is in the originally approved and permitted area, meets separation distances, is properly constructed and installed as designed, uses approved methods and materials, and is expected to function without creating a public-health hazard.
    “Proper final inspection of a septic tank system is necessary in order to assure the following:”
  • Off-grid sanitationLimited

    Alternative or off-grid sanitation methods for individual dwellings and commercial establishments in Brooke County, including composting toilets and incinerating or chemical toilets, under the statewide West Virginia sewage-treatment standards.

    • The rule is statewide and applies in Brooke County because no county-specific override was located.
    • Composting toilets may be used only with an approved grey-water treatment and disposal system.
    • Composting-toilet design and construction must meet NSF Standard 41.
    • Incinerating and chemical toilets may be used only with an approved grey-water disposal system.
    • The design, construction, and application of incinerating or chemical toilets require approval by the Commissioner.
    • Approval for chemical or incinerating toilets may be given in emergency situations, temporary-usage situations, recreational residences, or isolated residences.

    effective date: 2025-07-01 · composting-toilet standard: NSF Standard 41

    “Utilization of composting toilets may be only in conjunction with an approved grey water treatment and disposal system.”
  • Well permitRequired

    Drilling, modifying, or abandoning an individual drinking-water well in Brooke County.

    • The applicant must apply for and obtain a permit from the local health department before drilling, modifying, or abandoning the well.
    • An individual water well must be drilled by a licensed well driller.
    • The official page also identifies Water Well Regulations 64 CSR 19 and Water Well Design Standards 64 CSR 46 as applicable rules.
    “Residents of West Virginia who want to have a well drilled, or who wish to modify or abandon an existing well, must apply and obtain a permit from their Local Health Department prior to drilling, modifying, or abandoning the well.”
    2 more reviewed findings on this topic
    • Limited — Construction of a water well in a subdivision served by individual on-site sewage systems, including applicable subdivisions in Brooke County.
      “Prior to establishing a subdivision where an individual onsite sewage system(s) will be used, property owners or developers must obtain written health department approval before any improvements, construction, installation or development is initiated on any lot, and before any water well or sewage installation permits can be issued. [...] After approval is granted, the developer or each individual lot owner must obtain a health department permit for the constriction of any water well or individual onsite sewage system.”
    • Required — Drilling, modifying, or abandoning an individual water well in West Virginia.
      “Residents of West Virginia who want to have a well drilled, or who wish to modify or abandon an existing well, must apply and obtain a permit from their local health department prior to drilling, modifying, or abandoning the well.”
  • Mandatory utility hookupConditional

    Buildings in Brooke County located on a lot or parcel abutting a street, alley, public way, or easement where a municipal sewer is located or later constructed.

    • The lot or parcel must abut the relevant street, alley, public way, or easement.
    • A business or residence building must be located on the parcel or later erected there.
    • The municipality or board of health may require and compel connection.
    • Written notice to connect must be given to the owner and lessee or occupant.
    • Connection must occur within thirty days after notice is sent by the municipality.
    • The municipality may bill based on actual water consumption or, if unmetered, a good-faith estimate.

    connection deadline after notice: 30 days

    “The owner or owners shall connect to the municipal sewer within thirty days after notice to connect has been sent by the municipality.”
  • Agricultural exemptionConditional

    Buildings or structures in Brooke County used primarily for agricultural purposes, including agritourism purposes, seeking exemption from the applicable West Virginia State Building Code.

    • The structure must be used primarily for agricultural purposes, including agritourism purposes.
    • A property owner or other responsible party claiming the exemption must submit the question to the Commissioner of Agriculture for a determination of eligibility.
    • The claimant must submit sufficient information for the Commissioner to determine the property's primary use, including the property and building locations, types of agricultural use or uses, percentage or frequency of use, and any other information the Commissioner requires.
    • The Commissioner of Agriculture must provide a copy of the eligibility decision to the property owner or responsible party and to the entity that adopted and is enforcing the Building Code.
    • The cited rule became effective August 1, 2022 and terminates, with no further force or effect, on August 1, 2027.

    effective date: 2022-08-01 · sunset date: 2027-08-01 (The rule terminates and has no further force or effect on this date.)

    “1.1. Scope. -- This rule establishes the standards considered necessary by the State Fire Commission for the safeguarding of life and property and to ensure compliance with the minimum standards of safe construction of all structures erected or renovated throughout this state. [...] 1.4. Effective Date. – August 1, 2022. 1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027. 1.6. Exemptions. -- The State Building Code has no application to buildings or structures used primarily for agricultural purposes including agritourism purposes. [...] 9.1. If a property owner or other responsible party claims exemption from the applicable Building Code based on the agricultural purposes exemption identified in subsection 1.6 of this rule, he or she shall submit the question to the Commissioner of Agriculture for a determination of eligibility.”
    5 more reviewed findings on this topic
    • Available (with conditions) — Buildings or structures utilized primarily for agricultural purposes in Brooke County, including potential exemption from the West Virginia State Building Code, State Fire Code, and county or municipal building codes or ordinances adopted under the statute.
      “Provided, however, That buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted, such as the ICC International Property Maintenance Code.”
    • Available (with conditions) — Buildings or structures in Brooke County utilized primarily for agricultural purposes, to the extent the West Virginia State Building Code, State Fire Code, or a county or municipal building code or ordinance would otherwise apply.
      “Provided, however, That buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted, such as the ICC International Property Maintenance Code.”
    • Available (with conditions) — Buildings or structures utilized primarily for agricultural purposes in West Virginia, including Brooke County.
      “This State Fire Code has no application to buildings or structures used primarily for agricultural purposes including agritourism purposes.”
    • Available (with conditions) — Buildings or structures utilized primarily for agricultural purposes under West Virginia’s State Building Code framework.
      “shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance”
    • Available (with conditions) — Agricultural operations and farm or agricultural uses subject to municipal requirements, nuisance actions, or zoning-related limitations under West Virginia law.
      “A requirement of a municipality does not apply to an agricultural operation situated outside of the municipality’s corporate boundaries on the effective date of this chapter.”
  • Subdividing landRegulated (with conditions)

    Subdivision and land development subject to a local subdivision and land-development ordinance adopted under West Virginia law.

    • The local ordinance must include minor and major subdivision processes, planning-commission approval authority, review, approval, recording, fees, waivers, and improvement-location permits.
    • The statute allows exemptions for certain land development, including single-family residential structures and farm structures.
    • The cited statute does not itself provide one uniform statewide subdivision approval process for every parcel; local governing bodies and planning commissions administer the ordinance.

    planning-commission approval: Required before development commences when a subdivision and land-development ordinance applies. (Applicable local exemptions and ordinance provisions may apply.) · plat recording: Required before construction commences after approval. (The plat is recorded in the clerk's office of the county commission where a majority of the land lies.) · fees: A schedule of fees proportioned to the cost of checking and verifying proposed plats.

    “plans and plats must be approved by the applicable planning commission”
  • Driveway accessRequired

    New driveway access connecting to a West Virginia state highway in Brooke County.

    • The requirement applies to access to state highways and does not establish a countywide permit requirement for every private road or driveway.
    • Permits are granted only when the driveway or approach provides legitimate access to private property and its location, design, and construction comply with Division of Highways specifications.
    • Driveways must not be located in sharp curves, on steep grades, within intersections, or where they interfere with signs, signals, or drainage.
    • Unauthorized driveway installation can result in a fine or removal by Highways employees.
    • Private-business displays or operations, and vehicle storage, parking, or servicing, are not allowed on state-owned right-of-way.
    • Applicants should check with the District Office before building.
    • The permit is available free of charge from any Division office.

    permit fee: 0 USD (The official page states permits are available free of charge from any Division office.)

    “A reminder from the Division of Highways to property owners building new driveways — don’t forget your permit. Available free of charge from any Division office, permits are required by state law in order to assure that there is no uncontrolled access to state highways that would reduce the road’s safety or interfere with efficient movement of traffic.”
    One more reviewed finding on this topic
    • Required — New driveways or approaches connecting private property to West Virginia state highways or located within state highway rights-of-way.
      “A reminder from the Division of Highways to property owners building new driveways — don’t forget your permit. Available free of charge from any Division office, permits are required by state law in order to assure that there is no uncontrolled access to state highways that would reduce the road’s safety or interfere with efficient movement of traffic.”
  • county zoning authorityGeneral

    West Virginia counties adopting zoning for all or part of their jurisdiction, including unincorporated areas.

    • The county governing body must work with the planning commission and the public to develop the zoning ordinance.
    • The ordinance may cover the county's entire jurisdiction or only parts of it.
    • The statute also authorizes municipalities to regulate land use within their own jurisdictions; municipal zoning is not county zoning.
    • No effective date or fee is stated in the cited provision.
    “(3) Enacting a zoning ordinance. (b) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction.”
  • county building authorityGeneral

    West Virginia county commissions adopting and enforcing building and housing codes for residential construction in unincorporated portions of the county.

    • The county commission must act by order duly entered of record.
    • Codes may establish and regulate minimum building and housing standards for improving health, safety, and well-being.
    • Codes may apply to the entire county or any portion or portions constituting an effective area; the county need not adopt the code for other portions.
    • The code does not apply within a municipal corporation that has adopted and has in effect a housing and building code unless and until the municipality provides otherwise by ordinance.
    • Structures on parcels used primarily for agricultural purposes are excluded.
    • Any county property-maintenance code or ordinance must exempt property used for agricultural purposes and is unenforceable as to agricultural property.
    • Existing county building codes became void one year after promulgation of a state building code by the State Fire Commission; after that voidance, a county adopting a building code must adopt the state building code.
    • A county may adopt the state building code after promulgation, but it does not apply within a municipal corporation that has not adopted it.
    “county commissions are hereby authorized and empowered, by order duly entered of record, to adopt building and housing codes”
    One more reviewed finding on this topic

Inside cities and towns in Brooke County

Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.

  • Building code adoptedAdopted (with conditions)

    Construction, repair, or alteration of structures within the corporate limits of the Town of Bethany, Brooke County, West Virginia.

    • The State Building Code is adopted in its entirety to the fullest extent applicable.
    • The code applies to erection, construction, repair, or alteration of structures or equipment within Bethany's corporate limits.
    • The ordinance states that later State Fire Commission amendments automatically amend Bethany's building code unless the Town Council expressly ordains otherwise.
    • The state source provides that the State Building Code has force and effect in counties and municipalities adopting it and that agricultural structures are exempt.

    original State Building Code effective date: May 1, 1998 · Bethany ordinance adoption date: 2002-12-10

    “is hereby adopted in its entirety to the fullest extent applicable as the Building Code of the Town of Bethany”
  • Local zoningPresent (with conditions)

    Land and buildings within the corporate limits of the Town of Bethany in Brooke County, West Virginia.

    • Uses and construction must conform to the regulations for the applicable Bethany zoning district.
    • The ordinance establishes the Historic Bethany District, Residential/Commercial Zone, and Residential/Low Density Zone.
    • The source identifies the zoning map as dated January 28, 2003 and incorporated into the ordinance.
    “Section 2. JURISDICTION. The provisions of this ordinance will govern all lands within the corporate limits of Bethany.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Short-term rentals — Short-term rentals in Brooke County, including unincorporated areas and incorporated municipalities.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Brooke County, West Virginia

Is Brooke County a good place to live off-grid or homestead?

Brooke County scores 56/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost and low administrative friction for a quiet rural property. Watch-outs: a weaker property-autonomy legal backdrop and about 114,568 people within a 30-minute drive.

Do you need a building permit in Brooke County, West Virginia?

Brooke County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Brooke County Health Department. Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

Can you live in an RV or tiny home on your land in Brooke County?

Living in an RV on your own land in Brooke County is allowed: Unincorporated Brooke County: no county rule sets this, because Brooke County's own reviewed answer confirms it has no county-wide zoning ordinance. Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits. The county FAQ directs persons building inside an incorporated area to contact that city hall. A tiny home is allowed. Confirm with the county before relying on it.

How much does land cost in Brooke County, West Virginia?

Land in Brooke County runs about $4,024 per acre, based on the latest county data.

What is the water situation in Brooke County?

Brooke County gets about 41.7" of rain a year, with severe drought in roughly 1.6% of years.

How remote is Brooke County?

A representative private-land location has about 114,568 people within a 30-minute drive and 4,840,466 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Brooke compares in West Virginia

Compare side-by-side →See all 55 West Virginia counties ranked →