Bolthole Index

Upshur County, West Virginia

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

70Index Score / 100
#5 of 55 in West Virginia

Unincorporated Upshur County, West Virginia requires a building permit before site preparation, construction, renovation, relocation or manufactured-home placement begins1. The standard application fee is $15, although the fee is waived when completed construction costs are under $250; the permit itself is still required2. Septic matters go through the Upshur-Buckhannon Health Department3.

At a glance

Building permit
Required before site preparation, construction, renovation, relocation or manufactured-home placement in unincorporated Upshur County1
Permit fee
$15; waived for completed construction costs under $250, but the permit remains required2
Zoning
Countywide zoning status is unconfirmed; ask the county about the parcel before relying on a proposed use4
Septic
Start with the Upshur-Buckhannon Health Department; West Virginia's program governs conventional and alternative onsite systems35
Owner-builder
Personal work by an owner or occupant is exempt from contractor licensure, not from applicable permits, codes or inspections6
RV or tiny home
Long-term RV living and tiny-home occupancy rules could not be confirmed; ask the county before siting or occupying either4
Private well
A local-health-department permit is required before drilling, modifying or abandoning an individual water well7

Who to call

Building permits

Upshur County Building Permit Officer

Building-permit applications for site preparation, development, renovation, construction, relocation and manufactured housing in unincorporated Upshur County.

Septic permits

Upshur-Buckhannon Health Department

Local contact for onsite sewage and septic matters in Upshur County and for state-required individual water-well permits.

(304) 472-2810

15 North Locust Street Buckhannon, WV 26201

Contact details are copied from each office’s official page and were checked against it on October 4, 2026.

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

Yes. Before starting site preparation, development, renovation, improvement, construction or relocation of a building or structure in unincorporated Upshur County, you must obtain a county building permit; manufactured housing is expressly included1. The standard building-permit application fee is $152. Projects with completed labor-and-material costs under $250 receive a fee waiver, but not a permit waiver2. During construction, the Permit Officer or another authorized official may inspect for consistency with the application and applicable laws; the ordinance does not describe a mandatory inspection schedule8. West Virginia has an active State Building Code, but the available rule does not identify the Upshur County office responsible for state-code plan review or inspection9. Buildings used primarily for agriculture are exempt from state and adopted local building codes, but the county permit ordinance still generally covers structures, so ask the Permit Officer how a particular farm project will be handled101.

Who issues Upshur County building permits, and how do you reach the office?

The Upshur County Permit Officer administers building permits for unincorporated land outside the City of Buckhannon1. The county ordinance's application calls for the applicant, owner, contractor, site location, project description, estimated cost and a site plan, along with applicable contractor-license and insurance records11. The county also requires copies of necessary approvals from other government agencies before issuance11. A current direct phone number and street address for the Permit Officer could not be confirmed on a county page, so use the official county website to reach the county office rather than relying on a search-result contact. Keep the permit placard displayed during construction11. Work must begin within 6 months after issuance unless the Permit Officer approves a written extension; otherwise, a new permit must be purchased11.

Does Upshur County have zoning?

Upshur County's countywide zoning status remains unconfirmed: no countywide zoning ordinance was located in the county's published materials, but that does not prove that no zoning or parcel-specific restriction exists4. West Virginia permits a county to enact zoning for all or only part of its jurisdiction, while municipal zoning is separate from county zoning12. Ask the county whether the parcel lies in a regulated area and whether any local subdivision ordinance applies before assuming a proposed home, accessory use or business is allowed. State law requires locally adopted subdivision and land-development ordinances to contain lot-size standards, but it does not create one statewide numeric minimum lot size13. General county setback, lot-coverage, height and minimum-home-size rules could not be confirmed. In the designated height-limitation area around Upshur County Regional Airport, however, a structure, tower or object exceeding applicable FAA height requirements needs an FAA aeronautical study, and an adverse finding can prevent county permit approval14.

How do septic permits work in Upshur County?

Start an Upshur County septic project with the Upshur-Buckhannon Health Department, the local contact for onsite sewage matters3. West Virginia's onsite sewage program supplies rule interpretation and technical assistance for conventional and non-conventional systems5. Contact the department at (304) 472-2810 or visit 15 North Locust Street, Buckhannon, WV 2620115. For lots created after July 1, 1970, an individual sewage-disposal permit is withheld until subdivision approval shows that compliant systems can be expected on every proposed building lot in the original tract16. A county-specific inspection sequence could not be confirmed, so ask the department what evaluation, design, application and inspection steps apply. Mapped soils make that early call valuable: 0% are rated free of severe limitations for a conventional drain field17. Alternative systems may be considered for new construction only on lots of at least 2 acres, especially where soil is extremely poor or a conventional system has failed and cannot be repaired conventionally18.

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

Upshur County's rules for long-term residential RV occupancy, temporary camping and tiny-home occupancy could not be confirmed, so obtain a parcel-specific answer from the county before buying or moving a unit onto the land4. Do not treat the unconfirmed zoning status as permission. A manufactured home is clearer: placing or relocating manufactured housing in unincorporated Upshur County falls within the county building-permit requirement1. A tiny home that qualifies as a building or structure likewise falls within the ordinance's general permit language, but the available county material does not settle separate occupancy, size, utility or foundation standards1. For off-grid wastewater, do not assume a composting toilet or holding tank replaces an approved sewage plan: the state program regulates conventional and non-conventional systems, and an alternative system for new construction may be considered only on a lot of at least 2 acres518.

Building a home in Upshur County: what are the steps?

  1. Ask the county whether zoning, setback or airport-area height controls apply; countywide zoning status is unconfirmed414.
  1. Contact the Upshur-Buckhannon Health Department early about septic feasibility and a well permit, because mapped county soils are severely limited for conventional drain fields3717. For a lot created after July 1, 1970, confirm subdivision approval before counting on an individual sewage-disposal permit16.
  1. Assemble the building-permit application, including project and ownership details, estimated cost, site plan, contractor documents and any other agency approvals that apply11.
  1. Obtain the county permit before site preparation or construction begins and display its placard during the work111.
  1. If the project disturbs at least 1 acre, or is part of a larger common plan, obtain WVDEP construction-stormwater authorization through its electronic system19.
  1. For access from a state highway, obtain a free Division of Highways encroachment permit before building the driveway20.
  1. If the site is in an identified floodplain, complete the county floodplain-permit review and other required approvals21.

What should you check before buying land in Upshur County?

Start with buildability rather than acreage alone. Only 28.2% of Upshur County land is at a slope of 15% or less, so verify a practical house site and driveway route22. The county is 82.1% wooded, which can add clearing work and shape solar access23. Conventional septic is the major due-diligence issue because 0% of mapped soils are rated free of severe drain-field limitations17. Check the flood map as well: development in an identified floodplain must follow the Upshur County Floodplain Ordinance24. Confirm legal access and obtain state approval if a new driveway enters a state highway20. Finally, verify the parcel's zoning and subdivision status with the county, since the countywide zoning answer remains unconfirmed4. The effective property-tax rate is about 0.4%, and the median annual property-tax bill is about $7002526.

Watch-outs

  • A fee waiver for work costing under $250 does not waive Upshur County's building-permit requirement2.
  • Upshur County may inspect permitted construction, but the ordinance does not establish a mandatory inspection schedule8.
  • Countywide zoning status is unconfirmed, so ask the county about the specific parcel rather than assuming unincorporated land is unrestricted4.
  • Mapped soils countywide have severe limitations for conventional septic drain fields; arrange site evaluation before committing to a house location17.
  • Development in an identified floodplain requires county review, and other federal or state permits must be in hand before the floodplain permit is issued21.

Sources

  1. Building Permit Ordinance, quoted and re-checked
  2. Building Permit Ordinance, quoted and re-checked
  3. WV Office of Environmental Health Services, On-Site Wastewater Management (2026 county census)
  4. (2026 county census)
  5. On-Site Wastewater Management, quoted and re-checked
  6. West Virginia Code §30-42-6. Necessity for license; exemptions (West Virginia statewide rule), quoted and re-checked
  7. oehs.wvdhhr.org, quoted and re-checked
  8. Building Permit Ordinance, quoted and re-checked
  9. State Building Code, 87 CSR 4, quoted and re-checked
  10. West Virginia Code §15A-11-5, Promulgation of rules and statewide building code (West Virginia statewide rule), quoted and re-checked
  11. Building Permit Ordinance, quoted and re-checked
  12. West Virginia Code §8A-7-1. Authority for zoning ordinance (West Virginia statewide rule), quoted and re-checked
  13. West Virginia Code §8A-4-2. Contents of subdivision and land development ordinance. (West Virginia statewide rule), quoted and re-checked
  14. Building Permit Ordinance, quoted and re-checked
  15. Upshur-Buckhannon Health Department (wvdhhr.org)
  16. Application for a Permit to Install or Modify an Onsite Sewage Disposal System, quoted and re-checked
  17. 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
  18. On-Site Wastewater Management, quoted and re-checked
  19. Construction Stormwater General Permit (West Virginia statewide rule), quoted and re-checked
  20. Encroachment Permits (West Virginia statewide rule), quoted and re-checked
  21. Floodplain Permits, quoted and re-checked
  22. Share of land at 15% slope or less: Bolthole Index county data
  23. Wooded share of land: Bolthole Index county data
  24. Building Permit Ordinance, quoted and re-checked
  25. Effective property tax rate: Bolthole Index county data
  26. Median property tax bill: Bolthole Index county data

Written October 4, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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Compared with neighboring counties

Unlike all 6 of its neighbors, Upshur County requires a building permit for a home.

RuleUpshur CountyLewis CountyBarbour CountyRandolph CountyHarrison CountyTaylor CountyBraxton County
Building permitRequiredNot requiredLimitedLimitedLimitedLimitedNot required
County zoningNot publishedNoNoNot publishedYesNot publishedNo
Septic permitsUpshur-Buckhannon Health Dept.County WV Health Dept.County Health Dept.Randolph-Elkins Health Dept.Harrison-Clarksburg Health Dept.Grafton-Taylor County Health Dept.County Health Dept.

County locator

Upshur County in West Virginia

70
County map
Upshur County highlighted among the West Virginia counties · colored by Index score

How Upshur County scores

Seclusion88100% ev.
Self-Sufficiency58100% ev.
Admin Boringness5477% ev.
Durability76100% ev.
Property Autonomy26100% ev.
Carry Cost89100% ev.

Evidence strength: 96%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$157kTypical home
0.4%Property tax
$3,215Land / acre
52.4"Annual rain
2.5% of yrsSevere drought
0.9 / yr (+0.9)Mid-century 100°F days
9 daysMid-century dry spell
1.54" (+5.4%)Mid-century 1-day rain
1.76×Wildfire change factor
100%Forward climate coverage
$1,048Home insurance / yr
-0.5% / yrInsurance growth
0.88%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
3,452People within 30 min
503,274People within 2 hr
35,165Radius comparison (15 mi)
66.3People / sq mi
0%Federal land
28.2%Land at 15% slope or less
0%Soils rated "not limited" for septic (strict USDA rating)
0 acWorkable land screen
82.1%Wooded land
80.6 tonsBiomass / forest ac
52.2°FAvg temp

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Cities and towns in Upshur 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.

Buckhannon

Answers from the rulebook for Upshur County

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

Upshur County rules

  • Building permitRequired

    Site preparation, development, renovations, improvements, construction, or relocation of a building or structure, including manufactured housing, in unincorporated Upshur County.

    • A permit must be obtained before the project begins.
    • The permit fee is waived, but the permit remains required, when completed construction cost is less than $250.
    • Other local, state, and federal codes, ordinances, and regulations remain applicable.
    • The ordinance defines county lands as lands within Upshur County outside the corporate limits of the City of Buckhannon.

    construction cost threshold for fee waiver: < 250 USD (Permit remains required.)

    “It shall be unlawful for any person, partnership, business, or corporation to undertake or cause to be undertaken any site preparation, development, renovations, improvements, construction or relocation of a building or structure (including manufactured housing) within the unincorporated areas of Upshur County unless a building permit has been obtained from the Permit Officer.”
    One more reviewed finding on this topic
    • Required — Site preparation, development, renovations, improvements, construction, or relocation of a building or structure, including manufactured housing, outside Buckhannon city limits.
      “It shall be unlawful for any person, partnership, business, or corporation to undertake or cause to be undertaken any site preparation, development, renovations, improvements, construction or relocation of a building or structure (including manufactured housing) within the unincorporated areas of Upshur County unless a building permit has been obtained from the Permit Officer.”
  • InspectionsLimited

    Construction covered by an Upshur County building permit in unincorporated areas.

    • During construction, the Permit Officer or another authorized official may inspect the premises.
    • Inspection is to determine compliance with the permit application and applicable laws and ordinances.
    • A permit may be revoked for noncompliance, false statements, or misrepresentation.
    “During the construction period the Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with applicable laws and ordinances.”
    One more reviewed finding on this topic
    • Limited — Work under a county building permit outside Buckhannon city limits.
      “During the construction period the Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with applicable laws and ordinances.”
  • Building heightSpecified

    Structures, towers, or objects in the county-designated height-limitation area for navigable airspace surrounding the Upshur County Regional Airport.

    • If the structure, tower, or object exceeds applicable Federal Aviation Administration height regulations or requirements, an FAA aeronautical study must be completed.
    • The County Commission may decline the permit if that study finds a substantial adverse effect on safe and efficient use of airspace.
    “If a structure, tower and/or object exceed the height as outlined by the regulations or requirements of the Federal Aviation Administration, an aeronautical study must be completed by the Federal Aviation Administration to determine the effect on the navigable airspace.”
  • Building in a floodplainRequired

    New development in designated floodplain areas of Upshur County, including dredging, filling, grading, excavation, and stream-crossing work covered by the county floodplain ordinance.

    • A county or community permit is required for development covered by the floodplain ordinance.
    • The county determines whether the project is within the designated floodplain and which standards apply to the particular floodplain area.
    • In Approximate A zones, written assurance that the flood-carrying capacity of the stream will be maintained is required; except for extremely small projects, this generally requires a pre- and post-development engineering study demonstrating 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 in flood elevations; 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 in the base flood elevation.
    • Before issuing a permit, the county or community permit officer requires copies of all other permits required by federal or state law.
    • Permit cost varies.
    • The county source identifies a current Upshur County Addressing and Mapping, Building Permits and Floodplain Coordinator.

    maximum cumulative flood-elevation rise in AE zone without designated floodway: <= 1 ft · acceptable rise threshold in Approximate A zones: < 1 ft (The source describes a rise of 1 ft or greater as unacceptable; extremely small projects may not require the usual engineering study.) · floodplain 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
    • Limited — Activities within an identified floodplain in unincorporated Upshur County.
      “ALL ACTIVITES WITHIN THE IDENTIFIED FLOODPLAIN MUST COMPLY WITH THE UPSHUR COUNTY FLOODPLAIN ORDINANCE.”
  • Permit feesPublished (with conditions)

    Upshur County building permits for unincorporated areas.

    • The application must be accompanied by $15 payable to the County Commission.
    • The fee is waived, but the permit remains required, for completed construction cost under $250.
    • Credit-card processing fees are separately charged by the service provider: $1.50 for purchases up to $50, $3.00 for purchases up to $100, and $3 for each additional $100 spent thereafter.

    building permit fee: 15 USD (Waived when completed construction cost is less than $250; permit remains required.) · construction cost threshold: < 250 USD (Permit fee waived.)

    “Application for a building permit shall be accompanied by cash, check or money order in the amount of fifteen dollars ($15.00) payable to: The County Commission of Upshur County. The building permit fee will be waived (permit is still required) for any activity that has a completed construction cost (value of materials and value of labor) of less than two hundred and fifty dollars ($250).”
  • Permit processPublished (with conditions)

    County building-permit applications outside Buckhannon city limits.

    • The Permit Officer requires necessary approvals from governmental agencies where federal, state, or local law requires approval.
    • The property owner is solely responsible for compliance with local, state, and federal requirements.
    • Covered work must begin within six months after permit issuance; a written extension may be requested, and if denied, a new permit must be purchased.

    work commencement deadline: <= 6 months (Begins on the date of issuance; written extension may be requested.)

    “Permits shall be issued only after it has been determined that the proposed project to be undertaken will be in conformance with the requirements of this ordinance. The Permit Officer shall require copies of all necessary permits from those governmental agencies from which approval is required by federal, state and/or local code, ordinance or regulation.”

West Virginia rules that apply here

  • Owner-builder exemptionAvailable

    A property owner or occupant personally performing construction work on a structure, for purposes of exemption from West Virginia contractor licensure.

    • The exemption concerns contractor licensure and does not itself waive any applicable building permit, State Building Code, State Fire Code, inspection, or certificate-of-occupancy requirement.
    • The statute separately exempts work personally performed by an owner or lessee on property whose primary use is agricultural or farming enterprise.
    • If the owner hires another person to perform the work for compensation, the hired person may be subject to contractor licensure requirements and building-permit prerequisites.
    “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
    • Adopted (with conditions) — The active West Virginia State Building Code applicable statewide, including construction subject to state-code enforcement.
      “Fire Commission | 87-04 | 8/1/2022 | State Building Code | Legislative Active | §15A-11-11”
  • 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;”
  • 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

    Individual or dual onsite sewage disposal systems using subsurface absorption, including conventional septic systems, statewide in West Virginia

    • The West Virginia Department of Health's Public Health Sanitation Division has primacy for the listed onsite sewage matters.
    • The source does not establish that every county health department independently administers the statewide rule; local implementation may occur only as authorized representatives or under separate delegation.
    “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.”
    One more reviewed finding on this topic
    • State (with conditions) — West Virginia on-site sewage systems, including systems in Upshur County.
      “The West Virginia On-Site Sewage program provides rule interpretation and technical assistance on conventional and non-conventional on-site sewage systems.”
  • 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
    • Limited — Residential wastewater systems with surface-water discharge of 600 gallons per day or less, including qualifying systems in Upshur County.
      “The on-site sewage program also issues permits for residential wastewater systems with surface water discharge which are 600 gallons/day or less and which qualify for a West Virginia Department of Environmental Protection N.P.D.E.S. permit.”
  • Septic inspectionRequired

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

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

    Non-conventional or alternative on-site sewage systems, including systems in Upshur County.

    • Such systems are used when a conventional system has failed and cannot be repaired conventionally, or when soil conditions are extremely poor.
    • For new construction, an alternative system may be considered only if the lot is two acres or larger.

    minimum lot size for alternative system considered for new construction: >= 2 acres

    “These non-conventional/alternative systems are used when a conventional system has failed and cannot be repaired by conventional means, or when soil conditions are extremely poor. Alternative systems may be considered for new construction only if the lot is two acres or larger in size.”
  • Well permitRequired

    Establishment of water-supply systems, including private water supplies, in Upshur County.

    • A written permit is required before establishing a water-supply system.
    • The system must comply with plans, specifications, and instructions issued or approved by the commissioner or authorized representative.
    “must apply and obtain a permit from their Local Health Department prior to drilling, modifying, or abandoning the well.”
    One more reviewed finding on this topic
    • 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.”
    One more reviewed finding on this topic
    • 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”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision approval as it relates to individual sewage-disposal permits in Upshur County.
      “On lots created after July 1, 1970, permits for individual sewage disposal systems shall be withheld until a subdivision approval has been granted which indicates that such systems may be expected to comply with applicable design standards on all proposed building lots contained within the original tract.”
  • 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

Still unanswered

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

  • County-wide zoning — Countywide zoning in Upshur County.
  • Local zoning — Aggregate local zoning across municipalities and unincorporated areas of Upshur County.
  • Minimum dwelling size — Minimum dwelling size in unincorporated Upshur County.
  • Lot coverage — Lot coverage limits in unincorporated Upshur County.
  • Living in an RV — Long-term RV occupancy on private land in unincorporated Upshur County.
4 more unanswered
  • Camping on your land
  • Tiny homes
  • 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 Upshur County, West Virginia

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

Upshur County scores 70/100 on the Bolthole Index, a strong county profile. Its strengths: manageable long-term carry cost and sparse surroundings — about 3,452 people within a 30-minute drive. Watch-outs: a weaker property-autonomy legal backdrop.

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

Upshur County generally requires a residential building permit. Onsite septic is permitted by Upshur-Buckhannon 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 Upshur County, West Virginia?

Land in Upshur County runs about $3,215 per acre, based on the latest county data.

What is the water situation in Upshur County?

Upshur County gets about 52.4" of rain a year, with severe drought in roughly 2.5% of years.

How remote is Upshur County?

A representative private-land location has about 3,452 people within a 30-minute drive and 503,274 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Upshur compares in West Virginia

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