Building permits, zoning and land rules in McDowell County, West Virginia
63Index Score / 100 #35 of 55 in West Virginia
McDowell County, West Virginia appears to require building permits, with a county Permit Officer, but the covered projects could not be confirmed from a published county rule12. The county is listed as having no county zoning, though we could not confirm that in a published ordinance, and a city such as War may have its own34. Septic and private-well permits come from the McDowell County Health Department56.
At a glance
Building permit
Listed as required; ask the Permit Office which work is covered12
Zoning
Listed as no; a published county rule was not confirmed32
Septic
County health department is the listed local authority57
Owner-builder
State contractor-license exemption is available, but permits still apply89
RV or tiny-home living
Not confirmed; ask the Permit Office before relying on occupancy2
Private well
Local health permit required; licensed well driller required67
Floodplain work
A local floodplain permit may be required for development102
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Do you need a building permit in McDowell County, West Virginia?
McDowell County appears to require a building permit and identifies a county Permit Officer, but the county directory does not say which kinds of residential work require one12. Call the McDowell County Permit Office at 304-436-8549 before new construction, an addition or a major alteration, and ask whether the parcel lies inside the county program or an incorporated municipality's jurisdiction211. West Virginia's State Building Code has force only in counties and municipalities that adopt it, and local enforcement is the adopting jurisdiction's responsibility12. Primarily agricultural structures are exempt from the State Building Code and adopted county or municipal building codes, but the owner must submit an agricultural-exemption question to the Commissioner of Agriculture for an eligibility decision1213. Where the code is adopted, a utility or storage shed of 200 square feet or less with no plumbing or electrical connections and used only for residential storage is not subject to local inspection14.
Who handles McDowell County building permits, and how do you reach the office?
The McDowell County Commission directory lists a Permit Officer under the County Commission and gives the office phone as 304-436-85492. The directory does not publish an application form, fee schedule, plan checklist or review timeline, so use that call to identify the controlling jurisdiction, the permits needed for your project, the submission method, fees and inspection stages2. West Virginia law allows an adopting county building code to cover all or only part of the unincorporated county, while a municipal building code can control inside the municipality11. That jurisdiction check matters in McDowell County because the presence of a county permit contact does not establish that every parcel or every structure follows the same process211. Ask for the current written ordinance or adopted-code order that applies to the parcel before treating a verbal answer as the final project scope2.
Does McDowell County have zoning?
McDowell County is listed as having no county zoning, but no official county ordinance or explicit no-zoning statement was confirmed3. A 2023 state summary of local hazard-mitigation capabilities lists a zoning ordinance for the City of War, so municipal zoning can exist inside the county even where county zoning does not, although the summary cautions that a dash in its table does not prove a capability is absent elsewhere4. Treat the parcel's zoning status as unresolved and ask the McDowell County Permit Office whether county land-use controls apply at the address2. West Virginia law permits a county zoning ordinance to cover the county's entire jurisdiction or only parts of it, and municipal zoning is separate from county zoning15. A local subdivision ordinance, if adopted, may establish lot-size standards even where a buyer expects few land-use controls; West Virginia does not impose one statewide numeric minimum lot size through the cited framework16. McDowell County's rules for setbacks, building height, lot coverage, minimum dwelling size and subdivision review could not be confirmed, so request parcel-specific answers from the Permit Office before designing a house or splitting land2.
How do septic and well permits work in McDowell County?
The McDowell County Health Department is the local septic authority, and the County Commission directory lists the Health Department at 304-448-217557. The available county page does not state the residential septic application, inspection or approval steps, so call the Health Department before ordering a soil test or choosing a house site7. West Virginia law requires a written permit from the state health commissioner or an authorized representative before a sewage system is installed, and the system must follow the plans and instructions that office approves in writing17. USDA soil data rate 0% of McDowell County soils as free of severe limitations for a conventional septic drain field, which makes a site-specific evaluation especially important and does not by itself mean a parcel cannot support an approved system18. A private well requires a local health department permit before drilling, modifying or abandonment, and an individual well must be drilled by a licensed well driller6. Coordinate the well, septic reserve area and house footprint early because only about 5.3% of county land has a slope of 15% or less19.
Can you live in an RV or tiny home on your land in McDowell County?
McDowell County's rules for living in an RV, temporary camping, tiny-home occupancy and manufactured-home placement could not be confirmed from a published county rule, so ask the Permit Office about the exact parcel and proposed use before buying or moving a unit2. McDowell County's listed no-zoning status does not safely answer occupancy, sanitation, floodplain or building-code questions because an explicit county no-zoning statement was not confirmed3. Inside an incorporated municipality, separate municipal rules may apply because West Virginia treats municipal land-use and building authority separately from county authority1511. For any dwelling plan, ask the Health Department whether the proposed water supply and wastewater system can be approved before relying on the structure type as a shortcut567.
What are the steps to build a home in McDowell County?
Call the McDowell County Permit Office at 304-436-8549 with the parcel location and confirm whether county or municipal rules control the site211.
Ask for the current building-permit scope, adopted code, application, fees, plan requirements and inspection sequence because those details are not published on the county directory page2.
Contact the McDowell County Health Department at 304-448-2175 to confirm septic review and any private-well permit before fixing the house location567.
Check floodplain status; development in a regulated floodplain can require a local permit before grading, filling, excavation or a stream crossing10.
Obtain a free Division of Highways permit before building a new driveway connection to a state highway or working in its right-of-way20.
If land disturbance reaches 1 acre or is part of a larger common plan, obtain WVDEP construction-stormwater authorization through its electronic system21.
If acting as your own contractor, use the state licensure exemption only for work you personally perform; when you apply for a building permit you provide proof of licensure or file a written affidavit that you are not subject to contractor licensure, and every applicable permit and inspection still applies22.
What should you check before buying land in McDowell County?
Start with buildability rather than the asking price: only about 5.3% of McDowell County land has a slope of 15% or less, while about 97.1% is wooded1923. Conventional septic conditions are also difficult in the soil survey, with 0% of mapped soils rated free of severe drain-field limitations, so make the offer contingent on an acceptable site evaluation and confirm the process with the Health Department187. Check floodplain status and driveway access before selecting the house pad because floodplain development may need a local permit and a new connection to a state highway needs a Division of Highways permit1020. A typical effective property-tax rate is about 0.6%, and the median property-tax bill is about $278 per year, though the actual parcel assessment controls2425. The nearest city of 100,000 or more people is about 116 miles from the county center, so include contractor availability, delivery distance and emergency access in the site visit26.
Watch-outs
McDowell County's published directory confirms a Permit Officer but not the residential permit scope, fee schedule or inspection sequence; call 304-436-8549 before committing to construction2.
McDowell County is listed as having no county zoning, but do not assume an RV, tiny home, setback or land split is allowed without a parcel-specific answer from the Permit Office32.
Primarily agricultural structures have a state-code exemption, but eligibility must be submitted to the Commissioner of Agriculture rather than assumed from the owner's intended use13.
Written October 10, 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.
McDowell County highlighted among the West Virginia counties · colored by Index score
How McDowell County scores
Seclusion80100% ev.
Self-Sufficiency51100% ev.
Admin Boringness61100% ev.
Durability51100% ev.
Property Autonomy26100% ev.
Carry Cost86100% 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 →
$44kTypical home
0.6%Property tax
$4,027Land / acre
46.2"Annual rain
0.4% of yrsSevere drought
1 / yr (+0.9)Mid-century 100°F days
11 daysMid-century dry spell
1.51" (+8.8%)Mid-century 1-day rain
1.77×Wildfire change factor
100%Forward climate coverage
$1,085Home insurance / yr
-3.4% / yrInsurance growth
1.44%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
6,712People within 30 min
818,918People within 2 hr
30,185Radius comparison (15 mi)
32.7People / sq mi
0%Federal land
5.3%Land at 15% slope or less
0%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in McDowell 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.
Town of Anawalt · Town of Bradshaw · Town of Davy · Gary · Town of Iaeger · Keystone · Town of Kimball · Town of Northfork · War · Welch
Answers from the rulebook for McDowell County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
McDowell County rules
Building code adoptedAdopted (with conditions)
McDowell County as identified in the State of West Virginia local capability assessment.
The source is a capability assessment table and does not provide the adoption ordinance, adoption date, or enforcement details.
Agricultural-purpose structures are excluded from the State Building Code under the cited state rule.
“Table 7-2 Foundational Capabilities as Identified in Local Hazard Mitigation Plans [...] McDowell County X X - X - -”
Permit processPartial
County permit administration in McDowell County.
The official county directory identifies a County Commission Permit Officer, but it does not publish a complete application process, required documents, review steps, or fees.
The county's official department directory lists no planning or zoning department and no county zoning ordinance was found, consistent with WV rural counties lacking zoning.
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.”
An owner or lessee personally performing construction work on real property owned or leased by that person, including residential property in McDowell County.
The exemption is from the West Virginia contractor-licensing definition; it does not by itself exempt the project from building permits, inspections, electrical or plumbing requirements, septic requirements, or other applicable law.
The person must personally perform the construction work on real property the person owns or leases.
When applying for a building permit, the applicant must provide proof of licensure if required or file a written affidavit stating that the person is not subject to contractor or subcontractor licensure.
“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;”
InspectionsLimited
Structures subject to the West Virginia State Building Code and inspection by an adopting local jurisdiction.
Each local jurisdiction adopting the State Building Code is responsible for enforcement.
Group U utility structures and storage sheds not more than 200 square feet, with no plumbing or electrical connections and used only for residential storage, are not subject to inspection by local jurisdictions.
Structures with plumbing or electrical connections, non-residential use, or explosive or hazardous-material storage are excluded from that inspection exception.
inspection exception area: <= 200 square feet (Only for qualifying Group U utility structures and storage sheds)
“The following structures are not subject to inspection by local jurisdictions: Group U utility structures and storage sheds comprising an area not more than 200 sq. ft. which have no plumbing or electrical connections and are used only for residential storage purposes.”
2 more reviewed findings on this topic
Limited — Structures subject to the West Virginia State Building Code in jurisdictions that have adopted it.
“Group U utility structures and storage sheds comprising an area not more than 200 sq. ft.”
Limited — Fire and life-safety inspections by the West Virginia State Fire Marshal for occupancies subject to the State Fire Code.
“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.”
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;”
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.”
One more reviewed finding on this topic
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”
Who permits septicState (with conditions)
Installation or establishment of drainage, water-supply, sewage, or excreta-disposal systems in West Virginia, including McDowell County.
The permit must be from the commissioner or the commissioner's authorized representative.
Systems must be installed according to plans, specifications, and instructions issued or approved in writing by the commissioner or authorized representative.
Commercial or industrial wastes subject to West Virginia Department of Environmental Protection regulatory control are excepted from the statutory provisions.
“from the commissioner or his or her authorized representative.”
One more reviewed finding on this topic
State — Individual or dual onsite sewage disposal systems using subsurface absorption, including conventional septic systems, statewide in West Virginia
“The Public Health Sanitation Division shall have primacy in all matters relating to: 1. Individual or dual on-site sewage disposal systems utilizing subsurface absorption, gray water systems, privies, and sewage holding tanks.”
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).”
One more reviewed finding on this topic
Required — Installation or establishment of sewage or excreta-disposal systems in West Virginia, including McDowell County.
“without first obtaining a written permit to install or establish the system or method”
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:”
Well permitRequired
Installation or establishment of water-supply systems in West Virginia, including McDowell County.
A written permit must be obtained from the commissioner or the commissioner's authorized representative before installation or establishment.
The system must be installed according to plans, specifications, and instructions issued or approved in writing by the commissioner or authorized representative.
This claim concerns water-supply-system permitting under §16-1-9 and does not resolve separate well-driller licensing requirements.
“must apply and obtain a permit from their Local Health Department”
2 more reviewed findings on this topic
Required — Private water wells in West Virginia, including McDowell County.
“must apply and obtain a permit from their local health department prior to drilling, modifying, or abandoning the well.”
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.”
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 used primarily for agricultural purposes, including agritourism, under the West Virginia State Building Code.
“The State Building 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”
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 accessing state highways in West Virginia, including McDowell County.
The driveway or approach must be for legitimate access to private property.
Its location, design, and construction must comply with Division of Highways specifications.
Driveways must not be on sharp curves, steep grades, within intersections, or interfere with signs, signals, or drainage.
The state page states permits are available free of charge from any Division office.
permit fee: 0 USD (The state page states permits are available free of charge from any Division office.)
“property owners building new driveways — don’t forget your permit.”
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.”
Building in a floodplainRequired
Development in floodplains regulated by participating West Virginia counties and flood-prone municipalities, including dredging, filling, grading, excavation, and stream crossings.
Every county and flood-prone municipality participates in the NFIP and has an ordinance regulating floodplain development.
Most stream-restoration projects involving dredging, filling, grading, or excavation are considered development for which a county or community permit is required.
Before altering or relocating a watercourse, the applicant must consult the local floodplain permit officer regarding whether a permit is required and the fee.
Approximate A zones require written assurance that flood-carrying capacity will be maintained; except for extremely small projects, this generally requires pre- and post-development engineering studies showing 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 an engineering study may be required.
AE zones with floodways require hydrologic and hydraulic analysis showing zero rise in base flood elevation.
Before issuance, the permit officer requires copies of all other federally or state-required permits.
Permit cost varies.
unacceptable rise threshold: >= 1 ft (Except for extremely small projects in Approximate A zones.) · cumulative rise limit in AE zones without floodway: <= 1 ft · base flood elevation rise in AE zones with floodway: 0 ft · permit cost: varies
“Every county and flood prone municipality in West Virginia participates in the National Floodplain Insurance Program (NFIP), and has an ordinance to regulate development in the floodplain. The ordinance includes a flood map that designates floodplain areas, and establishes a permitting system to regulate new development in the floodplain.”
One more reviewed finding on this topic
Required — Development in floodplains within West Virginia counties and flood-prone municipalities, administered through the applicable local county, town, or city floodplain permit officer.
“Every county and flood prone municipality in West Virginia participates in the National Floodplain Insurance Program (NFIP), and has an ordinance to regulate development in the floodplain. The ordinance includes a flood map that designates floodplain areas, and establishes a permitting system to regulate new development in the floodplain.”
Permit feesPublished (with conditions)
West Virginia OEHS onsite sewage HAU construction permits, including counties for which the online permit is available.
The construction permit is issued only after OEHS is notified that a WVDEP NPDES General Permit has been obtained.
The fee schedule applies only to systems submitted to and reviewed by the Public Health Sanitation Division.
The HAU fee schedule states $250 for correcting an existing sewage-system failure and $400 for new construction.
The fees were effective April 25, 2024.
The online permit page excludes Brooke, Calhoun, Kanawha, Marshall, Monongalia, Pleasants, Richie, Roane, Wirt, and Wood counties.
HAU permit fee for existing sewage-system failure: 250 USD · HAU permit fee for new construction: 400 USD (Requirements in 64 CSR 9 apply)
“Failure : $250.00 [...] New Construction: $400.00”
One more reviewed finding on this topic
Published (with conditions) — WVDEP construction stormwater permit fees for qualifying construction-site stormwater discharges statewide.
“The WV/NPDES Stormwater Program requires operators of construction sites that disturb one (1) acre or greater, including smaller sites that are part of a larger common plan of development, to obtain authorization to discharge stormwater under a WV/NPDES Construction Stormwater General Permit. When the construction activity is owned by one person but operated by another, it is the responsibility of the owner (developer) to obtain the permit. When the construction activity is completed and all disturbed areas are stabilized, the responsible party must submit a Notice of Termination (NOT) in order to end coverage under the General Permit. If you are going to disturb one acre or greater you are required to first obtain a stormwater construction permit. All applications for coverage under the construction stormwater general permit must be submitted through WV DEP's Electronic Submittal System (ESS). [... ] Revised Fee Schedule 2025”
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 McDowell County
Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.
Local zoningPresent (with conditions)
The City of War, McDowell County, West Virginia.
The source identifies the capability in the 2023 state hazard mitigation plan's summary of capabilities identified in local hazard mitigation plans.
The source cautions that a dash or absence in the table does not prove that a capability does not exist.
The source also cautions that local codes, regulations, and plans may have been updated or developed after the local hazard mitigation plan publication.
“Table 7-2 Foundational Capabilities as Identified in Local Hazard Mitigation Plans [...] Zoning Ordinance [...] War (C) X X - - X -”
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 McDowell County.
Lot coverage — Lot-coverage limits in McDowell County.
Living in an RV — Long-term or residential RV occupancy in McDowell County.
Camping on your land — Temporary camping on private land in McDowell County.
Tiny homes — Tiny-home occupancy in McDowell County.
3 more unanswered
Off-grid sanitation
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 McDowell County, West Virginia
Is McDowell County a good place to live off-grid or homestead?
McDowell County scores 63/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost and sparse surroundings — about 6,712 people within a 30-minute drive. Watch-outs: a weaker property-autonomy legal backdrop.
Do you need a building permit in McDowell County, West Virginia?
McDowell County generally requires a residential building permit, and it has no county-wide zoning. Onsite septic is permitted by McDowell 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.
How much does land cost in McDowell County, West Virginia?
Land in McDowell County runs about $4,027 per acre, based on the latest county data.
What is the water situation in McDowell County?
McDowell County gets about 46.2" of rain a year, with severe drought in roughly 0.4% of years.
How remote is McDowell County?
A representative private-land location has about 6,712 people within a 30-minute drive and 818,918 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.
