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

Unincorporated Fayette County requires a permit before covered construction begins, including new one- and two-family homes, attached or detached structures, living-space conversions, demolition, occupancy changes and regulated electrical, gas, mechanical or plumbing work¹. Retaining walls 4 feet or higher and pools deeper than 24 inches are on the list too¹. The county's homeowner guide cites the 2015 International Residential Code for the permit requirement, but we could not confirm a full countywide code adoption, so ask Building Safety which code edition it enforces¹. The county publishes a building-permit fee equal to 1% of construction cost; electrical upgrades or service and a failed electrical inspection each carry an $85 fee, but the source does not establish that this is the complete current fee schedule². Buildings used primarily for agriculture are exempt from the State Building Code and adopted county or municipal building codes, but ask the Building Safety Department before relying on that exemption for a particular project¹¹. Inside Oak Hill, the city issues building permits⁴. Septic systems still require Fayette County Health Department approval and inspection; Oak Hill also requires a Sanitary Board application for private sewage disposal where public sewer is unavailable^5,6.

The Fayette County Building Safety Department is the county permit office and also serves as the county's Floodplain Management office². Call 304-574-4320 or mail P.O. Box 307, Fayetteville, WV 25840². Print the application, take it to the office with a check payable to the Fayette County Clerk, and obtain the permit before covered work begins². New construction and substantial improvements in Fayette County special flood hazard areas require a floodplain permit, and the ordinance sets residential lowest floors at 2 feet above Base Flood Elevation¹². Placement or relocation of a manufactured home in those areas also requires Floodplain Administrator approval; development on land partially or fully in the floodplain requires an approved site plan with elevation data¹². The complete building-inspection schedule and any general certificate-of-occupancy requirement were not confirmed, so ask Building Safety what inspections and closeout documents apply².

The Fayette County Unified Development Code governs zoning on unincorporated land³. Oak Hill, Montgomery and the Town of Fayetteville have their own zoning^5,7,8. City zoning does not replace Fayette County Health Department septic or well requirements; Oak Hill also has a Sanitary Board process for private sewage disposal^5,6,10. The Fayette County Zoning Department administers and enforces the code and provides special-use permit forms¹³. West Virginia requires zoning classifications and boundaries to appear on a zoning district map, so confirm the parcel's mapped district before treating a proposed house, accessory building or other use as allowed¹⁴. We could not confirm a single countywide minimum lot size, dwelling size, setback, lot-coverage limit or building-height limit; ask Zoning for the standards in the parcel’s district¹³. Call the Zoning Department at 304-574-4320 or email angela.gerald@fayettecountywv.gov with the parcel identification and proposed use¹³.

A new or modified septic system in Fayette County must be permitted, installed by a certified septic installer, approved and inspected by a Fayette County Health Department sanitarian⁶. The application requires Form SS-182A, a Septic System Precautions Acknowledgment and a $222 fee⁶. Only 1.2% of Fayette County soils are rated without severe limitations for a conventional septic drain field, so a parcel-level soil evaluation is especially important¹⁵. Individual water wells require a permit, inspection by a county sanitarian and a certified well driller; the source lists form SW256 and a $150 fee¹⁰. Contact the Health Department at (304) 574-1617 or 5495 Maple Lane, Fayetteville, WV 25840 for the current sequence⁶.

On land governed by Fayette County’s RV ordinance, living, sleeping or housekeeping in a recreational vehicle is allowed only in an approved Recreational Vehicle Park area⁹. RV park sites cannot be rented for more than 30 consecutive days or by the month, so an approved park is not a straightforward route to permanent RV living⁹. A park needs at least 5 acres⁹, and RV units and accessory buildings must sit at least 40 feet from the street or highway right-of-way and 30 feet from adjoining property lines⁹. A separate RV-placement rule applies in Fayette County special flood hazard areas; that rule does not override the approved-park occupancy restriction^9,12. We could not confirm a specific tiny-home occupancy rule or minimum dwelling size, so give the Fayette County Zoning Department the parcel and proposed structure details¹³.

1. Ask Zoning to confirm the parcel's district, allowed residential use and dimensional rules^3,13.

1. Apply to Building Safety before covered work begins, bringing the completed application and a check payable to the Fayette County Clerk².

1. Apply to the Health Department for septic approval, then use a certified installer and arrange the county inspection⁶.

1. Obtain the local floodplain permit before development in a regulated floodplain¹². A permanent utility connection there cannot be installed or approved until the Floodplain Administrator issues a Certificate of Compliance¹².

1. Obtain WVDEP stormwater authorization first if disturbance reaches 1 acre or is part of a larger common plan that reaches the threshold¹⁶.

1. Obtain a free Division of Highways permit before building a driveway to a state highway¹⁷.

1. Declare the homeowner licensed-contractor exemption with the building-permit application before work starts: the exemption covers personal work on the home where the homeowner resides, while anyone hired for electrical, plumbing or other work must be a West Virginia licensed contractor¹. The exemption concerns contractor licensing; it does not waive the building permit¹⁸.

Verify zoning, road access, the homesite, floodplain status and septic suitability before closing^3,6,12. Only 19.6% of Fayette County land is at a slope of 15% or less, and 91% is wooded, so clearing, grading and driveway layout can shape build cost¹⁵. About 8.5% is federal land, so confirm boundaries and legal access rather than assuming adjoining land is privately usable¹⁵. The effective property-tax rate is about 0.7%, and the median annual bill is about $690¹⁵. A buyer planning rental income should also budget for the annual Health Department permit required for a Fayette County short-term rental; each property needs its own application, the fee depends on bedroom count, and a change of ownership or major remodel requires a new application and permit¹⁹. If the property will use a private well, include the required permit, certified driller and inspection in the purchase plan¹⁰.