Building permits, zoning and land rules in Marshall County, West Virginia
68Index Score / 100 #13 of 55 in West Virginia
Unincorporated Marshall County, West Virginia does not appear to require a general county building permit or have countywide zoning12. Septic permits and well permits for every address in the county, town or not, come from the Marshall County Health Department34. Moundsville, Glen Dale and McMechen run their own zoning, and Glen Dale also publishes building and housing codes567.
At a glance
Building permit
Not required; the county has no building department1
Zoning
No countywide zoning identified; Moundsville, Glen Dale and McMechen zone their own land2567
Septic
County Health Department permit and inspection required3
Septic soils
Only 0.5% of county soils are free of severe limits for a conventional drain field8
Wells
Permit required from the county Health Department before drilling, modifying or abandoning a well4
Owner-builder
Exempt from state contractor licensure, but not from any applicable permit or inspection9
Accessory dwelling units
State right-to-ADU law applies only inside WV municipalities, not unincorporated county land10
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Do you need a building permit in Marshall County, West Virginia?
Marshall County does not appear to require a general building permit for a home on unincorporated land, but the county's building-code adoption is not expressly confirmed1. West Virginia has no mandatory statewide building code; the state code applies where a county or municipality adopts it12. Inside the towns, building rules are set by the town, not the county; Glen Dale, for example, publishes a building and housing code6. For unincorporated land, confirm with the County Commission before construction13. An owner who personally performs construction on owned or leased property is exempt from state contractor licensing, but that exemption does not waive an otherwise applicable permit; a nonlicensed owner may need an affidavit when applying to a local permitting authority9. The State Fire Marshal does not inspect one- or two-family dwellings under its ordinary jurisdiction14. Buildings used primarily for agriculture are exempt from state and local building and fire codes, though other land rules can still apply15.
Who handles building permits, zoning, septic and wells in Marshall County?
Septic permits and well permits for all of Marshall County, including inside the towns, go through the Marshall County Health Department's Environmental Division, at 304-845-7840, 513 6th Street, Moundsville, WV 2604116. There is no separate county building, zoning or floodplain office listed; the Marshall County Commission, at (304) 845-0482 or commission@marshallcountywv.gov, is the general point of contact for building permit and zoning questions and can direct you to the right county or state office13. The commission's own page is explicit that it has no jurisdiction over the county's incorporated towns, so if your land is inside Benwood, Cameron, Glen Dale, McMechen or Moundsville, that town's own offices set zoning and any building rules, while septic and wells still stay with the Health Department1316.
Does Marshall County, West Virginia have zoning?
No countywide zoning ordinance for Marshall County is identified, so unincorporated land appears not to have county zoning2. West Virginia lets a county zone all or only part of its jurisdiction, but the available county information does not confirm that Marshall County adopted such an ordinance17. Zoning does exist inside several towns. Moundsville divides the city into zoning districts and applies its zoning ordinance to any building, structure or parcel within the city5. In Moundsville's R-1 single-family district, the minimum lot is 3,600 square feet18 and the maximum building height is 35 feet19. Glen Dale publishes a planning and zoning code plus fire-prevention and building-and-housing codes6, and McMechen administers zoning and occupancy permits7. None of these town rules reach unincorporated land, so confirm the parcel boundary with the Commission13. We could not confirm county rules for setbacks, lot coverage, minimum dwelling size or minimum lot size on unincorporated land; ask the Commission and check deed restrictions before buying. Floodplain, septic and well requirements can apply even where zoning does not.
How do septic and well permits work in Marshall County, West Virginia?
West Virginia's Public Health Sanitation Division has statewide technical oversight of individual onsite sewage systems, gray-water systems, privies, holding tanks and certain alternative systems20. In Marshall County, the Health Department processes and decides individual sewage permit applications21. A new or modified septic system needs approval before installation, then a final inspection before the system is covered or used2223. Only 0.5% of Marshall County soils are free of severe limitations for a conventional drain field, so arrange a site evaluation before buying and be prepared for a nonconventional design8. The same Health Department issues permits before a private well is drilled, modified or abandoned, and a licensed driller must perform the work4.
Can you live in an RV or tiny home on your land in Marshall County, West Virginia?
We could not confirm whether Marshall County allows long-term RV or tiny-home occupancy on private land, so do not treat the lack of a confirmed rule as permission. A campground or other covered recreational facility must obtain a Health Department permit to operate; an RV campground may also need plan review before construction, remodeling or a change of ownership24. Those facility rules do not answer whether one owner may camp casually or occupy an RV or tiny home on an unincorporated tract24. Inside an incorporated town, check the town's rules because the county has no authority there13. Outside the towns, ask the Health Department about sanitation, then ask the County Commission about occupancy and siting before committing to the plan1613.
How do you build a home in Marshall County, West Virginia, step by step?
Call the Marshall County Commission to confirm the building and zoning requirements for your parcel, especially if it is near or inside an incorporated town13.
Decide whether you will act as the owner-builder; personally performing work on property you own or lease can exempt you from contractor licensing, but not from applicable permits9.
Apply to the Marshall County Health Department for a septic permit before installing any sewage system, and expect a site evaluation given how limited the county's soils are for conventional drain fields228.
If you need a well, apply through the same Health Department before drilling4.
Before grading, filling, excavating or installing a bridge, culvert or other crossing in a floodplain, obtain local floodplain review and provide any other required state or federal permits25.
If you are connecting a new driveway to a state highway, apply for a free driveway permit from the West Virginia Division of Highways; Marshall County itself owns and repairs no roads2613.
If you plan to disturb one acre or more of ground, check whether you need a WVDEP construction stormwater permit27.
What should you check before buying land in Marshall County, West Virginia?
Soils and septic: only 0.5% of county soils are free of severe limitations for a conventional drain field, so get a site evaluation before buying8. Terrain: 12.2% of Marshall County is at a 15% slope or gentler, and 75.8% is wooded; steep, forested ground can complicate septic and driveway placement2829. Flood risk: development such as grading, excavation, filling and stream crossings in a floodplain requires a local permit, with engineering analysis depending on the mapped flood zone25. Municipal boundaries: determine whether the parcel is inside an incorporated town; Moundsville, Glen Dale and McMechen each zone their own land, while septic and wells stay with the Health Department56713. Marshall County has about 29,405 residents, a density of 96.3 people per square mile, and an effective property-tax rate of 0.5% with a $637 median annual bill30311132. The nearest city of 100,000 or more is about 53 miles from the county center33.
Watch-outs
We could not confirm whether Marshall County has adopted a building code for unincorporated land; confirm with the County Commission before you build13.
The state's new right-to-ADU law only reaches West Virginia municipalities; it does not require unincorporated Marshall County to allow accessory dwelling units10.
Marshall County's floodplain review process is published, but we could not confirm the name or contact details of the local permit officer; ask the County Commission to direct you before building near a stream or mapped floodplain3413.
Written October 9, 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.
Marshall County highlighted among the West Virginia counties · colored by Index score
How Marshall County scores
Seclusion65100% ev.
Self-Sufficiency52100% ev.
Admin Boringness86100% ev.
Durability68100% ev.
Property Autonomy26100% ev.
Carry Cost88100% 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 →
$140kTypical home
0.5%Property tax
$3,668Land / acre
45.7"Annual rain
2.2% of yrsSevere drought
2.5 / yr (+2.4)Mid-century 100°F days
10 daysMid-century dry spell
1.61" (+7.6%)Mid-century 1-day rain
1.77×Wildfire change factor
100%Forward climate coverage
$1,083Home insurance / yr
-1.1% / yrInsurance growth
0.63%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
7,834People within 30 min
2,726,080People within 2 hr
63,137Radius comparison (15 mi)
96.3People / sq mi
0.2%Federal land
12.2%Land at 15% slope or less
0.5%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Marshall 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.
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Marshall County rules
Camping on your landLimited
Camping at campgrounds and other recreational facilities in Marshall County.
Campgrounds are subject to West Virginia Legislative Rule 64 CSR 18, the General Sanitation Rule.
The Marshall County Health Department directs applicants to obtain or renew permits for covered facilities.
The cited page does not establish permission for informal camping outside regulated recreational facilities.
“RECREATIONAL FACILITIES : Campgrounds, Fairs & Festivals, Mass Gatherings, Organized Camps, Parks, and Playgrounds.”
One more reviewed finding on this topic
Limited — Campgrounds and other recreational facilities within the Marshall County Health Department's jurisdiction; this does not establish a rule for casual camping on private land.
“Any campground, park, playground, organized camp, fair, festival, or mass gathering (as defined in the Legislative Rule 64 CSR 18) is required to apply for a Permit to Operate a General Establishment. Additionally, any such facility offering food service(s) (including concession stands) and/or a pool must also apply for a separate Food Establishment Permit and/or Recreational Water Facility Permit.”
Manufactured homesAllowed (with conditions)
Manufactured home communities in Marshall County, West Virginia, defined by the cited page as sites with four or more manufactured homes used or occupied for dwelling purposes.
A new manufactured home community, or an existing community undergoing remodeling or a change of ownership, must first submit a plan review.
Plan reviews are due 45 days before the planned construction date for new builds or remodels, or 45 days before the desired opening date under new management.
Plan review may be submitted to the Marshall County Health Department when the community has eight or fewer units served by a non-community water supply, or fourteen or fewer units served by a community water supply.
If those thresholds are not met, or if the community has eleven or more units using an onsite sewage disposal system, the plan review must be submitted to the West Virginia Department of Health Environmental Engineering Division.
After plan review approval, the operator may apply for a permit to operate through the Marshall County Health Department.
A permit application or renewal requires SG-49 Application for Permit to Operate, an Application for Environmental Health Permit, and an annual permit fee due every December for renewals.
manufactured homes defining a manufactured home community: >= 4 homes (used or occupied for dwelling purposes) · plan review deadline for new builds or remodels: 45 days before planned construction date · plan review deadline under new management: 45 days before desired opening date · non-community water supply threshold for county health department plan review: <= 8 units · community water supply threshold for county health department plan review: <= 14 units · onsite sewage disposal threshold requiring state environmental engineering review: >= 11 units
“Once your plan review has been approved, you may apply for a permit to operate through the Marshall County Health Department.”
Who permits septicCounty
Local Health Department processing and acting on individual sewage permit applications in Marshall County.
The state procedure assigns application decisions and action to the Local Health Department.
Marshall County Health Department publishes the sewage system and well permit application for residents.
“Sewage System & Well Permit Application (PDF)”
Well permitRequired
Water-well construction, modification, or abandonment within the Marshall County Health Department service area.
The Marshall County Health Department provides a specific application for a permit to construct, modify, or abandon a water well.
The application requires well information, certified well-driller information, and health-department processing fields for receipt, site evaluation, fee payment, and permit issuance or denial.
The state guidance requires the permit before drilling, modifying, or abandoning the well.
The Marshall County fee notice states that new environmental-health permit fees were effective July 1, 2022; the current fee amount was not established from a newer official schedule.
water well permit fee: 125 USD (The Marshall County Health Department fee notice identifies $125 as the fee as of July 1, 2022; it is not treated as a current fee.)
“Application for a Permit to Construct, Modify or Abandon a Water Well and/or Install or Modify an Onsite Sewage Disposal System”
Building in a floodplainRequired
Development in the floodplain and stream-related development administered by the local county floodplain permit officer in Marshall County, including dredging, filling, grading, excavation, and new or replacement bridges, culverts, and other stream crossings.
The source states that every West Virginia county has a floodplain ordinance and permitting system; incorporated municipalities may administer their own rules because Marshall County states it has no jurisdiction over municipalities.
In Approximate A zones, written assurance that flood-carrying capacity will be maintained is required; except for extremely small projects, this generally requires a pre- and post-development engineering study showing no unacceptable rise of 1 foot or greater.
In AE zones with base flood elevations but without a designated floodway, development may not create more than a 1-foot cumulative rise; the permit officer may require an engineering study.
In AE zones with base flood elevations and floodways, hydrologic and hydraulic analysis is required to demonstrate zero rise.
Before issuing a permit, the county or community permit officer requires copies of all other permits required by federal or state law.
maximum cumulative rise in AE zone without designated floodway: <= 1 ft · maximum rise in Approximate A zones: < 1 ft (The source describes a rise of 1 foot or greater as unacceptable; extremely small projects may not generally require the engineering study.) · rise in AE floodway: 0 ft (Hydrologic and hydraulic analysis is required.)
““development”, for which a county or community permit is required.”
Permit feesVariable (with conditions)
Fees for floodplain permits administered by the local county or community floodplain permit officer in Marshall County.
The official state guide does not publish a Marshall County dollar amount; it directs applicants to consult the local permit officer about the amount of the fee.
Municipalities may administer separate fees because Marshall County states it has no jurisdiction over municipalities.
permit cost: varies (Local county or community fee applies.)
“Review Process: Before altering or relocating a watercourse in the floodplain, consult with the local county, town or city floodplain permit officer about whether a permit is required, and the amount of fee. [...] Permit Cost: Varies”
Permit processPublished (with conditions)
Floodplain development and stream-restoration activities in unincorporated Marshall County.
Before altering or relocating a watercourse in the floodplain, consult the local county floodplain permit officer.
The county determines whether the project is within the designated floodplain and which standards apply.
Before issuing a permit, the county or community permit officer requires copies of all other permits required by federal or state law.
Applicable standards include a written assurance or engineering study in Approximate A zones, a maximum one-foot cumulative rise in AE zones without a designated floodway, and zero rise in AE zones with a floodway.
maximum cumulative rise in AE zones without designated floodway: <= 1 ft · base-flood-elevation increase in AE zones with floodway: 0 ft
“In reviewing permit applications, the county or community will determine if the proposed project is within the designated floodplain, as well as the specific regulatory standards that pertain to the particular floodplain area.”
One more reviewed finding on this topic
Published (with conditions) — Floodplain permit review for watercourse alteration and other floodplain development in Marshall County.
“Review Process: Before altering or relocating a watercourse in the floodplain”
County-wide zoningAbsent
The county directory lists no zoning or planning department and no countywide zoning ordinance is identified.
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.”
Owner-builder exemptionAvailable
A person personally performing construction work on real property that the person owns or leases, for commercial or residential purposes, including work relevant to a Marshall County project.
The exemption concerns whether the person is a contractor subject to the West Virginia Contractor Licensing Act; it does not independently establish whether a local building permit is required.
When applying for a building or other permit from an incorporated municipality or other political subdivision, a person not subject to contractor licensure may file a written affidavit stating that the person is not subject to licensure.
The permit-application rule applies to the issuing authority for construction of any building, highway, sewer, or structure, or removal of materials or earth, grading, or improvement.
“(2) A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes;”
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.”
One more reviewed finding on this topic
Not adopted — Statewide West Virginia building-code baseline relevant to construction in Marshall County.
“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”
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 — State Fire Marshal inspection jurisdiction for covered occupancies in West Virginia, excluding buildings used wholly as dwelling houses for no more than two families.
“No, our office does not have jurisdiction over one to two family dwellings.”
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.”
One more reviewed finding on this topic
Limited — Projects subject to State Fire Marshal plan review and inspection processes in West Virginia.
“All review fees must be paid before the final inspection can be scheduled. These fees cover: 1. Construction inspections 2. Final inspection 3. Occupancy permit”
Zoning districtsPartial
West Virginia zoning ordinances and zoning district maps adopted by county or municipal governing bodies.
West Virginia law permits counties and municipalities to enact zoning ordinances; it does not provide a single statewide district map in the cited sources.
A county zoning ordinance may cover the entire county or only parts of it.
A municipality's zoning ordinance covers its entire jurisdiction.
Zoning boundaries and classifications must be shown on a zoning district map.
Certified maps must be filed with the applicable governing body, planning commission, and county clerk.
The cited sources do not identify the actual district names or maps for each county or municipality.
“The boundaries of each zone and the designated classifications must be shown on a zoning district map. The boundaries may only be changed after appropriate public hearing and zoning district map changes are adopted by the governing body.”
One more reviewed finding on this topic
Partial — West Virginia's statewide zoning-enabling framework; actual zoning districts and maps are established by individual county or municipal ordinances rather than by a statewide zoning map.
“The governing body of a municipality or a county may regulate land use within its jurisdiction by: (1) Adopting a comprehensive plan; (2) Working with the planning commission and the public to develop a zoning ordinance; and (3) Enacting a zoning ordinance.”
Minimum lot sizeSpecified
Subdivision and land-development ordinances adopted by applicable West Virginia governing bodies and administered through applicable planning commissions.
The cited statute requires local subdivision and land-development ordinances to include lot-size standards but does not establish a single statewide numeric minimum lot size.
Actual requirements may vary by local ordinance, zoning district, subdivision type, or applicable exemption.
The statute also provides for waivers from minimum standards.
lot-size regulation: Subdivision and land-development ordinances must include standards for lot sizes. (Local standards and waivers may apply.)
“The standards for setback requirements, lot sizes”
SetbacksSpecified
Subdivision and land-development ordinances adopted by applicable West Virginia governing bodies and administered through applicable planning commissions.
The cited statute requires local subdivision and land-development ordinances to include setback standards but does not establish a single statewide numeric setback.
Actual requirements may vary by local ordinance, zoning district, subdivision type, or applicable exemption.
The statute provides a process for waivers from minimum standards.
setback regulation: Subdivision and land-development ordinances must include standards for setback requirements. (Local standards and waivers may apply.)
“A subdivision and land development ordinance shall include the following provisions: [...] The standards for setback requirements, lot sizes, streets, sidewalks, walkways, parking, easements, rights-of-way, drainage, utilities, infrastructure, curbs, gutters, street lights, fire hydrants, storm water management and water and wastewater facilities; [...] The process for granting waivers from the minimum standards of the subdivision and land development ordinance;”
Building heightDistrict specific
West Virginia authorizes county and municipal governing bodies to regulate building height through zoning ordinances; the actual height limits, if any, are established locally and may apply by zone or district.
A county zoning ordinance may cover the county’s entire jurisdiction or only parts of it.
A municipality’s zoning ordinance covers its entire jurisdiction.
The cited state provisions authorize height regulation but do not establish a statewide numeric height limit.
Overlay districts and special design districts may impose additional development standards.
Factory-built-home standards may not be more restrictive than standards for site-built homes.
Floodplain zoning may regulate the height of floor levels above base flood elevation.
“(8) Regulating the height, area, bulk, use and architectural features of buildings, including reasonable exterior architectural features and reasonable aesthetic standards for factory-built homes;”
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”
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 — New septic tank systems and modifications to existing septic tank systems in Marshall County under West Virginia onsite sewage rules.
“New septic tank systems and modifications to existing septic tank systems must be permitted prior to installation”
Required — New septic tank systems and modifications to existing septic tank systems in Marshall County.
“New septic tank systems and modifications to existing septic tank systems must be permitted prior to installation”
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:”
2 more reviewed findings on this topic
Required — Installation and operation approval for septic systems in Marshall County.
“No sewer system shall be used or placed into operation until the system installation has been approved in writing by the director.”
Required — Installation of standard septic tank systems and modifications in Marshall County.
“No sewer system shall be used or placed into operation until the system installation has been approved in writing by the director.”
Agricultural exemptionAvailable (with conditions)
Agricultural operations and farm or agricultural uses subject to municipal requirements, nuisance actions, or zoning-related limitations under West Virginia law.
The agricultural operation must be in material compliance with all applicable state and federal laws, regulations, and permits.
A reasonable expansion is protected only if it does not create a substantially adverse effect upon the environment or a hazard to public health and safety.
The municipal-requirement protection applies to an agricultural operation situated outside municipal corporate boundaries on the effective date of the chapter; if subsequently annexed or otherwise brought within municipal boundaries, the municipality’s requirements do not apply to the agricultural operation.
The nuisance protections do not apply when the nuisance results from negligent operation or when the operation violates an applicable federal, state, or local statute or governmental requirement.
Outside municipalities or urban areas, the zoning chapter does not authorize regulations preventing or limiting the complete use of natural resources or a tract or contiguous tracts of land of any size for a farm or agricultural operation.
The protection described is against specified nuisance actions and municipal or zoning restrictions; it does not eliminate other applicable environmental, health, safety, permitting, or land-use requirements.
“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.”
2 more reviewed findings on this topic
Available (with conditions) — Buildings or structures utilized primarily for agricultural purposes in Marshall County and elsewhere in West Virginia, where a State Building Code, State Fire Code, or 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 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”
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 driveways or approaches connecting private property to West Virginia state highways or located within state highway rights-of-way.
The permit is free of charge from any Division office.
Permits are granted only for legitimate access to private property and when 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.
The source directs applicants to check with the applicable District Office before building.
“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
Limited — County building-code, permit, inspection, and land-use-control authority in floodplain or mudslide areas, including unincorporated areas.
“To the extent and only to the extent necessary to comply with [...] such act, [...] require and issue building permits for all proposed construction”
Inside cities and towns in Marshall County
Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.
Local zoningPresent (with conditions)
Land, buildings, structures, parcels, and signs within the City of Moundsville.
The ordinance applies within the City of Moundsville, not countywide.
The City is divided into R-1, R-2, C-1, C-2, M, R-C, I, and RO zoning districts.
The ordinance states that it took effect October 17, 2017.
“For the purpose of this Zoning Ordinance, the City of Moundsville is hereby divided into the following zoning districts: 1. R-1: Residential Single-Family 2. R-2: Residential Multi-Family 3. C-1: Corridor Commercial 4. C-2: Historic and Neighborhood Commercial 5. M: Mixed Use 6. R-C: Recreation-Conservation 7. I: Industrial 8. RO: Riparian Overlay”
3 more reviewed findings on this topic
Present (with conditions) — Land within the City of Glen Dale, Marshall County, West Virginia.
“Part 13: Planning and Zoning Code
Part 15: Fire Prevention Code
Part 17: Building and Housing Code”
Present — Zoning within the City of Moundsville, Marshall County, West Virginia.
“The provisions of this Zoning Ordinance shall apply to the construction, addition, alteration, moving, repair, and use of any building, structure, parcel of land, or sign within the City of Moundsville, except work located primarily on a public way or road, or on public utilities and public utility structures.”
Present (with conditions) — Zoning administration within the City of McMechen, Marshall County, West Virginia.
Minimum lot sizeDistrict specific (with conditions)
Residential lots in the City of Moundsville R-1 Single-Family Residential District.
Applies within the City of Moundsville R-1 district.
The code separately requires a minimum lot width of 40 feet and maximum lot coverage of 40%.
minimum lot size: >= 3600 square feet · minimum lot width: >= 40 feet
“Min. Lot Size (Sq. Ft.) 3,600 square feet Min. Lot Width 40 feet Max. Lot Coverage (as a %) 40%”
One more reviewed finding on this topic
District specific (with conditions) — Residential lots in the City of Moundsville R-2 Multi-Family Residential District.
“Min. Lot Size (Sq. Ft.) 3,200 square feet Min. Lot Width 38 feet Max. Lot Coverage (as a %) 60%”
SetbacksDistrict specific (with conditions)
Residential structures in the City of Moundsville R-1 Single-Family Residential District.
Applies within the City of Moundsville R-1 district.
The minimum front setback is 10 feet, or the average of the two adjoining properties with pre-existing structures if the property adjoins at least two properties, whichever is less.
The code also specifies 6-foot side and 15-foot rear setbacks.
front setback: >= 10 feet (or the average of the two adjoining properties with pre-existing structures, whichever is less) · side setback: >= 6 feet · rear setback: >= 15 feet
“Section 1352.04 Lot, Yard, and Height Requirements. Single-Family Residential Requirements Max. Building Height 35 feet Min. Front Setback 10 feet; or, if the property adjoins at least two properties, the average of the two adjoining properties which have pre-existing structures; whichever is less. Min. Side Setback 6 feet Min. Rear Setback 15 feet”
One more reviewed finding on this topic
District specific (with conditions) — Residential structures in the City of Moundsville R-2 Multi-Family Residential District.
“Section 1353.04 Lot, Yard, and Height Requirements. Multi-Family Residential Lot Requirements Max. Building Height 40 feet Min. Front Setback 8 feet; or, if the property adjoins at least two properties, the average of the two adjoining properties which have pre-existing structures; whichever is less. Min. Side Setback 4 feet Min. Rear Setback 10 feet”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Minimum dwelling size — Minimum dwelling size in Marshall County, including unincorporated areas.
Lot coverage — Lot coverage limits in Marshall County, including unincorporated areas.
Living in an RV — Long-term or residential occupancy of recreational vehicles on private land in Marshall County, including unincorporated areas.
Tiny homes — Occupancy of tiny homes in Marshall County, including unincorporated areas.
Off-grid sanitation — Off-grid sanitation systems, including privies, composting toilets, holding tanks, and other non-sewer systems in Marshall County.
2 more unanswered
Mandatory utility hookup
Short-term rentals
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 Marshall County, West Virginia
Is Marshall County a good place to live off-grid or homestead?
Marshall County scores 68/100 on the Bolthole Index, a strong 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.
Do you need a building permit in Marshall County, West Virginia?
Marshall 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 Marshall County Health Department (Environmental / Sanitation Division). 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.
How much does land cost in Marshall County, West Virginia?
Land in Marshall County runs about $3,668 per acre, based on the latest county data.
What is the water situation in Marshall County?
Marshall County gets about 45.7" of rain a year, with severe drought in roughly 2.2% of years.
How remote is Marshall County?
A representative private-land location has about 7,834 people within a 30-minute drive and 2,726,080 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.
