Sign Up For News And Updates

Your Contact Information
First Name:
Last Name:
E-mail Address:
Sign up for the following:



Your Address
Address:
City:
State:
ZIP:
Mobile Phone:
Learn more about opt-in
By checking this box, you agree to receive email and text message updates from us. By checking this box, I consent to receive event and news updates via email and SMS. Unsubscribe anytime via provided links. Your information is safe with us and used solely for providing our News and updates. Standard Msg & Data rates may apply.
Banner Image

County Ordinances

In West Virginia, a county ordinance is a law or regulation enacted by a county commission, the governing body of a county, to address local issues within its jurisdiction. These ordinances cover matters like zoning, public safety, health, noise control, or property maintenance, tailored to the county’s specific needs. Unlike state laws, which apply statewide, county ordinances are local in scope and must align with both the West Virginia State Code and the state constitution. They’re a key tool for counties to exercise their limited legislative authority, reflecting West Virginia’s decentralized governance model.

The legal authority for county ordinances is rooted in Chapter 7 (County Commissions and Officers) and Chapter 8 (Municipal Corporations) of the West Virginia State Code, with W. Va. Code §7-1-3 providing the foundational power. Below, I’ll explain what a county ordinance is, how it’s created, and its scope, with supporting code references.

What is a County Ordinance?

Definition:
A county ordinance is a formal rule or law passed by a county commission to regulate activities or conditions within the county’s unincorporated areas (outside city limits). It’s distinct from municipal ordinances, which apply within cities or towns under W. Va. Code §8-1-1 et seq..

Purpose:

  • Addresses local needs not fully covered by state law (e.g., litter control, animal regulations).
  • Enforces standards to protect public welfare, safety, or order.
  • Can impose penalties like fines or injunctions for violations.

Examples:

A county ordinance might ban open burning to reduce fire risks.

A county ordinance could set a curfew for minors in unincorporated areas.

Legal Authority and State Code

General Powers (W. Va. Code §7-1-3):
Text: “The county commissions…shall have jurisdiction in all matters of a police and fiscal nature affecting their respective counties as provided by law.”

Meaning: This grants commissions broad authority to enact ordinances for governance, subject to specific powers listed in subsequent subsections (e.g., §7-1-3a through §7-1-3rr).

Examples include:

  • §7-1-3n: Regulating nuisances (e.g., noise, junkyards).
  • §7-1-3ff: Establishing building codes or zoning (with voter approval in some cases).
  • §7-1-3mm: Managing animal control.

Limits: Ordinances can’t conflict with state law or exceed delegated authority.

Process for Enactment:

  • Proposal: Commissioners draft an ordinance, often with public input or legal advice.
  • Public Notice: The Open Meetings Act (W. Va. Code §6-9A-3) requires notice of meetings where ordinances are discussed, including agendas posted in advance.
  • Adoption: A majority vote of the commission adopts it, recorded by the County Clerk (W. Va. Code §7-1-2).
  • Publication: Some ordinances (e.g., zoning) require publication in a local newspaper (W. Va. Code §7-1-3ff).
  • Code: W. Va. Code §7-1-3 implies this process under general governance powers.

Recording and Enforcement:

The County Clerk records ordinances in the commission’s minute books (W. Va. Code §7-1-2), making them public.

Enforcement varies—sheriffs or local officials may issue citations, with penalties set by the ordinance (e.g., fines up to $500, per typical state limits like W. Va. Code §7-1-3n).

Limitations:

  • Preemption: State law trumps conflicting ordinances (e.g., gun laws under W. Va. Code §8-12-5a limit local regulation).
  • Jurisdiction: Applies only to unincorporated areas unless a municipality cedes control.
  • Voter Approval: Major ordinances (e.g., county-wide taxes or zoning) may require referenda (W. Va. Code §7-1-3ff).

Why It Should Be Recorded

While not explicitly mandated for all ordinances, recording aligns with transparency:

W. Va. Code §7-1-2: The clerk must keep commission records, including ordinances, ensuring a public archive.

W. Va. Code §6-9A-5: Minutes of meetings adopting ordinances must be available, indirectly requiring documentation.

Practicality: Recording protects against disputes and ensures enforceability, as unrecorded rules might lack legal weight in court.

Example in Practice

Scenario: The County Commission passes an ordinance on March 1, 2025, banning fireworks in rural areas due to drought risks. They post notice February 25 (per §6-9A-3), vote 2-1 to adopt it, and the clerk records it. Violators face a $100 fine, enforced by the sheriff.

Authority: §7-1-3n (nuisance control) supports this, as long as it doesn’t clash with state fire codes.

Why It Matters in West Virginia

County ordinances, under Chapter 7, fill gaps state law can’t address in a diverse state of 55 counties—urban hubs like Charleston differ from rural McDowell. They let commissions tackle local quirks (e.g., flood-prone zoning in Greenbrier County) while staying within bounds set by §7-1-3. Recording ensures accountability, tying ordinances to the Sunshine Laws’ ethos (Chapter 6, Article 9A).

In summary, a county ordinance in West Virginia is a local law enacted under W. Va. Code §7-1-3, recorded by the clerk per §7-1-2, addressing county-specific needs within state limits. It’s a practical expression of home rule, shaped by necessity and transparency.

 

Ordinances in Monroe County

Unsafe and Unsanitary Structures and Refuse Ordinance

Wireless Telecommunications Facilities Ordinance

Floodplain Ordinance