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HB5630 • 2026

Relating generally to providing notice for amendments to a zoning ordinance.

Relating generally to providing notice for amendments to a zoning ordinance.

Land
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Flanigan, Pritt , Mallow , Shamblin , Stephens , Ward, G. , Holstein
Last action
2026-02-27
Official status
S To Judiciary 02/27/26
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English:  HB5630 HFA Flanigan 2-24 #1 Wilkinson 3909 Delegate Flanigan moves to amend the bill on page 1, section 8A-7-8, line 2, after the word “commission”, by Striking the comma; and On page 1, line 4, after the word “commission”, by striking the comma; and On page 1, line 5, after the word “physical”, by inserting a comma; and On page 1, line 20, after the subsection header (c), by adding an “s” to the word “Alternative” to make it plural; and On page 1, line 20, after the second use of the word “mail”, by adding an “s” to the word “provision” to make it plural; and On page 1,line 21, after the “(1)”, by inserting the words “of this code”; and On page 2, line 22, after the word “method”, by striking the period and inserting a colon, italicizing the word “Provided”, inserting a comma after and inserting thereafter the word “That”; and On page 2, line 28, after the word “notices”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the word “district”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the second use of the word “and”, by striking the comma; and On page 2, line 33, after the word “ seq.

  •  HB5630 HFA Flanigan 2-24 #1 Wilkinson 3909 Delegate Flanigan moves to amend the bill on page 1, section 8A-7-8, line 2, after the word “commission”, by Striking the comma; and On page 1, line 4, after the word “commission”, by striking the comma; and On page 1, line 5, after the word “physical”, by inserting a comma; and On page 1, line 20, after the subsection header (c), by adding an “s” to the word “Alternative” to make it plural; and On page 1, line 20, after the second use of the word “mail”, by adding an “s” to the word “provision” to make it plural; and On page 1,line 21, after the “(1)”, by inserting the words “of this code”; and On page 2, line 22, after the word “method”, by striking the period and inserting a colon, italicizing the word “Provided”, inserting a comma after and inserting thereafter the word “That”; and On page 2, line 28, after the word “notices”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the word “district”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the second use of the word “and”, by striking the comma; and On page 2, line 33, after the word “ seq.
  • ”, by inserting the words “of this code”; and On page 2, line 36, after the word “ seq.
  • ”, by inserting the words “of this code”; and On page 2, line 42, after the word “of”, by striking the word “property” and inserting in lieu thereof the word “proper”; and On page 2, line 44, after the word “proceeding”, by striking the period and inserting a colon, italicizing and capitalizing the word “Provided”, inserting a comma after and thereafter capitalizing the word “That”.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5630 HFA Flanigan 2-24 #1 Wilkinson 3909 Delegate Flanigan moves to amend the bill on page 1, section 8A-7-8, line 2, after the word “commission”, by Striking the comma; and On page 1, line 4, after the word “commission”, by striking the comma; and On page 1, line 5, after the word “physical”, by inserting a comma; and On page 1, line 20, after the subsection header (c), by adding an “s” to the word “Alternative” to make it plural; and On page 1, line 20, after the second use of the word “mail”, by adding an “s” to the word “provision” to make it plural; and On page 1,line 21, after the “(1)”, by inserting the words “of this code”; and On page 2, line 22, after the word “method”, by striking the period and inserting a colon, italicizing the word “Provided”, inserting a comma after and inserting thereafter the word “That”; and On page 2, line 28, after the word “notices”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the word “district”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the second use of the word “and”, by striking the comma; and On page 2, line 33, after the word “ seq.

  •  HB5630 HFA Flanigan 2-24 #1 Wilkinson 3909 Delegate Flanigan moves to amend the bill on page 1, section 8A-7-8, line 2, after the word “commission”, by Striking the comma; and On page 1, line 4, after the word “commission”, by striking the comma; and On page 1, line 5, after the word “physical”, by inserting a comma; and On page 1, line 20, after the subsection header (c), by adding an “s” to the word “Alternative” to make it plural; and On page 1, line 20, after the second use of the word “mail”, by adding an “s” to the word “provision” to make it plural; and On page 1,line 21, after the “(1)”, by inserting the words “of this code”; and On page 2, line 22, after the word “method”, by striking the period and inserting a colon, italicizing the word “Provided”, inserting a comma after and inserting thereafter the word “That”; and On page 2, line 28, after the word “notices”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the word “district”, by striking the colon and inserting a semicolon; and On page 2, line 30, after the second use of the word “and”, by striking the comma; and On page 2, line 33, after the word “ seq.
  • ”, by inserting the words “of this code”; and On page 2, line 36, after the word “ seq.
  • ”, by inserting the words “of this code”; and On page 2, line 42, after the word “of”, by striking the word “property” and inserting in lieu thereof the word “proper”; and On page 2, line 44, after the word “proceeding”, by striking the period and inserting a colon, italicizing and capitalizing the word “Provided”, inserting a comma after and thereafter capitalizing the word “That”.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-02-27 S

    To Judiciary

  2. 2026-02-27 S

    To Judiciary

  3. 2026-02-27 S

    Introduced in Senate

  4. 2026-02-26 H

    Communicated to Senate

  5. 2026-02-26 H

    Passed House (Roll No. 210)

  6. 2026-02-26 H

    Read 3rd time

  7. 2026-02-26 H

    On 3rd reading, Special Calendar

  8. 2026-02-25 H

    Amendment adopted (Voice vote)

  9. 2026-02-25 H

    Amendment reported by the Clerk

  10. 2026-02-25 H

    Read 2nd time

  11. 2026-02-25 H

    On 2nd reading, Special Calendar

  12. 2026-02-24 H

    Read 1st time

  13. 2026-02-24 H

    On 1st reading, Special Calendar

  14. 2026-02-23 H

    Do pass

  15. 2026-02-16 H

    To House Government Organization

  16. 2026-02-16 H

    Introduced in House

  17. 2026-02-16 H

    To Government Organization

  18. 2026-02-16 H

    Filed for introduction

Official Summary Text

Relating generally to providing notice for amendments to a zoning ordinance.

Current Bill Text

Read the full stored bill text
HB 5630 Text

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
ENGROSSED
House Bill 5630
By Delegates Flanigan, Pritt, Mallow, Shamblin, Stephens, G. Ward, and Holstein
[Introduced February 16, 2026; referred to the Committee on Government Organization]

A BILL to amend and reenact §8A-7-8 of the Code of West Virginia, 1931, as amended, relating to providing notice for amendments to a zoning ordinance.
Be it enacted by the Legislature of West Virginia:

ARTICLE 7. ZONING ORDINANCE.

§8A-7-8. Amendments to the zoning ordinance by the governing body.

(a) Before amending the zoning ordinance, the governing body with the advice of the planning commission
,
must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission
,
must find that there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least thirty days prior to the enactment of the proposed amendment if there is not an election, or at least thirty days prior to an election on the proposed amendment to the zoning ordinance:
(1) Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and
(2) Publish notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of
article three, chapter fifty-nine of this code

§59-3-1
et seq.
of this code.

(c) Alternatives to Certified Mail. In lieu of notice by certified mail provisions set forth in
§
8A-7-8(b)(1) of this code, the municipality or county may satisfy individual notice requirements by any combination of the following methods:
Provided,
That such methods are reasonably calculated to reach affected landowners, the intent of which is to reduce administrative burden and public cost while maintaining meaningful notice and public participation in the zoning amendment process:
(1) Regular First-Class Mail. Regular first-class mail addressed to the landowner of record as listed in the most recent property tax assessment;
(2) Electronic Mail Notices; Electronic mail notice to any landowner who has voluntarily provided an e-mail address to the municipality or county for receipt of official notices;
(3) Public Posting. Public posting of the notice on the municipality's or county's official website and in at least three public locations within the affected zoning district

; and
,
(4) Publication of a summary of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance.
(i) As a Class II-0 legal advertisement in accordance with the provisions of §59-3-1
et seq.
of this code at least 30 days prior to the planning commission's public hearing on the proposed amendment; and
(ii)As a Class II-0 legal advertisement in accordance with the provisions of §59-3-1
et seq.
of this code at least 30 days prior to the governing body's public hearing and enactment of the proposed amendment.
(5) Affidavit of Notice. an affidavit by the president of the planning commission, in the case of the planning commission's legal advertisement and the governing body's clerk, in the case of the governing body's legal advertisement, attesting to compliance with this section shall be deemed prima facie evidence of proper notice.
(6) Effect of Substantial Compliance. Failure of a landowner to receive actual notice shall not invalidate the proceeding:
Provided
, That the municipality or county has substantially complied with the notice requirements of this section.

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