Bolthole Index

Pocahontas County, West Virginia

Building permits, RV rules and septic in the Town of Marlinton, West Virginia

The Town of Marlinton, West Virginia requires a building permit, issued by the town's building inspector, before work begins inside town limits1. The town also prohibits permanent living in an RV or tent2. Septic and well permits come from the Pocahontas County Health Department, not the town34. We could not confirm whether the town has a zoning ordinance.

At a glance

Building permit
Required inside town limits; apply to the building inspector before work starts1
Permit fee
$25 base fee plus $5 per $1,000 of value5
Building code
2022 State Building Code, adopted by the town6
Zoning
Not confirmed; ask Town Hall7
RV living
Permanent living in an RV or tent is prohibited2
Setbacks
10 feet residential, 5 feet business or commercial8
Septic
Permit from the Pocahontas County Health Department before any building permit3
Wells
County health department permit required to drill4

Who to call

Building permits

Town of Marlinton, Town Hall

Town government; the town's building inspector issues building permits inside town limits. Call Town Hall to reach the building inspector.

304-799-4315

709 Second Avenue Marlinton, WV 24954

Septic permits

Pocahontas County Health Department, Environmental Services

Individual sewage system (septic) and water well permits for Pocahontas County

304-799-4154

900 10th Avenue, Marlinton, WV 24954

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

Off-grid gear

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

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Do you need a building permit in Marlinton, West Virginia?

Yes. Inside the Town of Marlinton, a written application must be filed with the building inspector, and the permit must be issued before any work begins on the building or structure1. Ordinary repairs are exempt, but changes of use or occupancy are covered1.

The town adopted the State Building Code as its building code, and the 2022 State Building Code controls if the town chapter conflicts with it6. The fee is a $25 base fee plus $5 per $1,000 of value, or any portion of that amount5. Water taps, sewer connections, electrical permits, inspections and certificates of occupancy can carry separate fees5.

We did not find an owner-builder exemption in the town's permit provisions, so assume an owner building a home in Marlinton still needs the permit; confirm with Town Hall1.

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

The Town of Marlinton's building inspector issues building permits inside town limits1. The town's published code does not list a direct line for the inspector, so start at Town Hall, 709 Second Avenue, Marlinton, at 304-799-43157.

The inspector makes the required inspections of permitted work, and may accept reports from authoritative, recognized services or individuals9. For unusual technical issues the inspector may engage experts with the Mayor's approval, and the applicant pays the town's added cost9.

A certificate of use and occupancy from the building inspector is required before rental housing is occupied10. The Pocahontas County Commission does not issue building permits, inspections or certificates of occupancy, so the county is the wrong counter for a lot inside town limits11.

Does Marlinton have zoning, and what about setbacks, RVs and tiny homes?

We could not confirm whether the Town of Marlinton has a zoning ordinance or district map; ask Town Hall at 304-799-4315 before you buy7. Pocahontas County itself has no zoning ordinances, but that statement covers the county's own jurisdiction outside towns and does not say what Marlinton requires12.

Setbacks are set by the town's code. The minimum building setback is 10 feet in the residential district and 5 feet in business or commercial districts, measured to the nearest street right-of-way, property line or easement line8. A building here means any dwelling, garage, storage building or other structure over 100 square feet8.

RVs: Marlinton prohibits using a recreational vehicle or tent for permanent living, sleeping or housekeeping, or connecting one to utilities, anywhere within town limits, unless a variance applies2. Storing an RV on private property must meet setback and fire codes2. We did not find a town rule on tiny homes, so a tiny home would likely be judged as a dwelling under the building code; ask Town Hall.

How do septic permits work inside Marlinton?

Septic and well permits for Marlinton addresses come from the Pocahontas County Health Department, not from the town313. Homeowners and sewage-system installers must both obtain permits, installers must be certified by West Virginia, and systems must meet minimum design standards3.

A septic permit must be obtained before any building permit is issued, so start with the health department if your lot is not on public sewer3. Inside town limits, the town code requires a building that does not abut a street with sanitary sewer, and lies within the fire limits, to use a septic tank approved by the Health Officer14. Outside the fire limits, such a building must have sanitary sewage disposal unless a sanitary pit privy is expressly authorized and approved14.

Call the health department at 304-799-4154 at 900 10th Avenue, Marlinton13. Wells also need a county health department permit, and drillers must be state-certified4.

Building a home in Marlinton: the steps, in order

  1. Call Town Hall at 304-799-4315 to confirm the zoning situation for your lot and to reach the building inspector7.
  2. If the lot has no sewer, get the septic permit first from the Pocahontas County Health Department, because it must come before any building permit3.
  3. File a written building permit application with the building inspector and pay the $25 base fee plus $5 per $1,000 of value15.
  4. Build to the 2022 State Building Code, and keep buildings at least 10 feet back in the residential district68.
  5. Have the work inspected by the building inspector9.
  6. Before any construction, file a floodplain determination, which the Pocahontas County Assessor's Office page lists as required15.

What stays with Pocahontas County, and what to check before you buy in Marlinton

Septic and well permits, and the floodplain determination, are county matters even inside town limits315. For land outside the town, see the Pocahontas County page; the town's building permit rules do not apply there.

Before buying, confirm four things. First, ask Town Hall whether the lot is subject to zoning. Second, check sewer availability, because state law can require connection to a municipal sewer within 30 days after notice16. Third, ask about floodplain status. Fourth, if you plan a driveway onto a state highway, the Division of Highways requires a free permit17.

For scale, Pocahontas County's effective property tax rate is 0.3%18, and only about 4.9% of its soils are rated not limited for a conventional septic drain field, so expect a site evaluation and possibly an engineered system19.

Watch-outs

  • We could not confirm whether the Town of Marlinton has a zoning ordinance or district map; ask Town Hall at 304-799-43157.
  • Town rules apply only inside Marlinton limits; the Pocahontas County Commission says it does not issue building permits, inspections or certificates of occupancy11.
  • The RV prohibition covers permanent living, sleeping or housekeeping and utility hookups anywhere in town limits, public or private land2.
  • We could not confirm town rules on tiny homes, accessory dwellings, manufactured homes, minimum lot size or building height; ask Town Hall at 304-799-4315 before you commit to a plan7.

Sources

  1. § 150.084 When Permit Is Required (Town of Marlinton), quoted and re-checked
  2. § 150.255 Use of Recreational Vehicles and Tents as Dwelling Prohibited (Town of Marlinton), quoted and re-checked
  3. Sewage and Water, quoted and re-checked
  4. Sewage and Water, quoted and re-checked
  5. § 150.103 New Construction, Mobile Homes and Prefabricated Homes and Alterations (Town of Marlinton), quoted and re-checked
  6. § 150.002 Adoption of State Building Code (Town of Marlinton), quoted and re-checked
  7. Town of Marlinton, Town Hall (townofmarlintonwv.com)
  8. § 150.042 Minimum Setback Requirements (Town of Marlinton), quoted and re-checked
  9. § 150.077 Inspections (Town of Marlinton), quoted and re-checked
  10. § 150.120 Certificate of Use and Occupancy (Town of Marlinton), quoted and re-checked
  11. Pocahontas County Commission July 19, 2022 Regular Session PDF, quoted and re-checked
  12. Pocahontas County Commission minutes, July 19, 2022, quoted and re-checked
  13. Pocahontas County Health Department, Environmental Services (pocahontashd.com)
  14. § 53.04 When a Septic Tank Is Required (Town of Marlinton), quoted and re-checked
  15. Pocahontas County Assessor's Office, quoted and re-checked
  16. West Virginia Code §8-18-22 — Connection to sewers, quoted and re-checked
  17. Encroachment Permits (West Virginia statewide rule), quoted and re-checked
  18. Effective property tax rate: Bolthole Index county data
  19. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data

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

Answers from the rulebook for Town of Marlinton

Town of Marlinton’s own rules

  • Building permitRequired

    Construction, enlargement, alteration, demolition, occupancy/use changes, and regulated equipment inside Marlinton town limits.

    • A written application must be filed with the building inspector before obtaining the required permit.
    • The permit must be issued before work begins.
    • Ordinary repairs are exempt from the permit requirement.
    • The rule also covers changes to occupancy, exitways, sanitary provisions, and changes to another use.
    “Such permit must be issued prior to the commencement of any work upon the building or structure.”
  • Building code adoptedAdopted

    Construction and alteration inside Marlinton town limits.

    • The town adopted the State Building Code as its building code on February 6, 2012.
    • The chapter supplements and localizes the 2022 State Building Code.
    • If the town chapter conflicts with the 2022 State Building Code, the 2022 State Building Code controls.
    • A copy of the 2022 State Building Code is available for public inspection in the Mayor's office during normal business hours.
    “The 2022 State Building Code is made a part of this chapter as if set out herein verbatim.”
  • InspectionsRequired

    Permitted construction and alterations inside Marlinton town limits.

    • The building inspector must make required inspections, but may accept reports from authoritative and recognized services or individuals.
    • The inspector may engage experts for unusual technical issues with Mayor approval.
    • The applicant pays additional town costs for unusual technical issues.
    “The building inspector shall make all the required inspections, or may accept reports of inspection by authoritative and recognized services or individuals”
  • Certificate of occupancyLimited

    Buildings or structures intended for rental housing inside Marlinton town limits.

    • The certificate must be issued by the building inspector before the rental housing is used or occupied.
    • The located provision expressly addresses rental housing; broader certificate requirements were not established.
    “A building or structure intended to be used for rental housing shall not be used nor occupied in whole or in part until a certificate of use and occupancy has been issued by the building inspector.”
  • SetbacksSpecified

    Buildings inside Marlinton town limits in the residential district and business or commercial districts.

    • A building means any dwelling, garage, storage building, or other structure over 100 square feet.
    • The setback is measured to the nearest edge of a street right-of-way, property line, or easement line.
    • Replacement buildings may use existing setback lines after demolition, destruction, or removal, but must meet all other applicable building-code and floodplain requirements.

    business or commercial district minimum setback: 5 feet · residential district minimum setback: 10 feet

    “The minimum building setback line for all buildings located in a business or commercial district shall be five feet. [...] The minimum building setback line for all buildings located in the residential district shall be ten feet.”
  • Living in an RVProhibited

    Permanent living, sleeping, or housekeeping in recreational vehicles on private or public property within Marlinton town limits.

    • Storage of a recreational vehicle on private property must comply with setback and fire codes.
    • A recreational vehicle permitted by variance under § 92.004 is excepted.
    “The use of recreational vehicles or tents for permanent living, sleeping or housekeeping and its connection to utility services (other than for periodic maintenance and/or repair purposes) shall be prohibited on any private or public property within the corporate limits of the town.”
  • Off-grid sanitationLimited

    Buildings and structures inside Marlinton town limits that are not required to connect to a sanitary sewer.

    • Within the fire limits, a building not abutting a street or public way containing a sanitary sewer must use sanitary facilities connected to a septic tank approved by the Health Officer.
    • Outside the fire limits, a building not abutting such a street or public way must have sanitary sewage disposal facilities unless a sanitary pit privy is expressly authorized and approved.
    • The town code separately requires sanitary facilities for buildings where people live, work, or congregate.
    “Other such buildings and structures within the fire limits but not located on land abutting on a street or other public way containing sanitary sewer must be equipped with sanitary sewer disposal facilities connected to a septic tank approved by the Health Officer.”
  • Permit feesPublished (with conditions)

    Building permits for new construction, mobile homes, prefabricated homes, and alterations inside Marlinton town limits.

    • The building-permit fee is a base fee plus a value-based component.
    • Other fees may also apply, including water taps, sewer connections, electrical permits, signs, inspections, and certificates of use and occupancy.

    base building permit fee: 25 USD · value-based building permit fee: per 5 USD per $1,000 of value (or any portion thereof)

    “The fee for a building permit shall be $25 base fee plus $5 per $1,000 of value (or any portion thereof).”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Marlinton or Pocahontas County directly.

  • Owner-builder exemption — Owner-builders inside Marlinton town limits.
  • Local zoning — Land inside Marlinton town limits.
  • Zoning districts — Land inside Marlinton town limits.
  • Minimum dwelling size — Dwellings inside Marlinton town limits.
  • Minimum lot size — Lots inside Marlinton town limits.
12 more unanswered
  • Lot coverage
  • Building height
  • Tiny homes
  • Manufactured homes
  • Accessory dwellings
  • Septic permit
  • Septic inspection
  • Well permit
  • Agricultural exemption
  • Subdividing land
  • Driveway access
  • 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.

Unanswered questions are usually a sign that Town of Marlinton publishes no rule on the point, not that none exists. Pocahontas County’s page lists the county offices to call.

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