Bolthole Index

Fayette County, West Virginia

Building permits, zoning and land rules in Montgomery, West Virginia

Montgomery, West Virginia requires a city zoning permit before construction or structural alteration; ask City Hall which building permits your project also needs.1 Montgomery sets its own zoning and prohibits RV living on residential property.23 On Montgomery parcels in Fayette County, septic permits come from the Fayette County Health Department, but city sewer-served property is subject to restrictions on private wastewater disposal.45

At a glance

Building permits
City fee schedule published; confirm covered work with City Hall67
Zoning approval
City zoning permit required before construction or structural alteration1
Residential RV living
Prohibited on residential property, including temporary occupancy3
Single-family lots
SF district: minimum 3,600 square feet and 40 feet wide8
Septic systems
Fayette parcels: health department approval; city sewer-served property has private-disposal restrictions45
Accessory dwellings
Permitted by right in the MF district9
Private wells
Local health department permit required before drilling, modifying or abandoning10

Who to call

Building permits

City of Montgomery (City Hall)

Starting contact for city building-permit questions and confirmation of parcel county

(304) 442-5181

321 4th Ave, Montgomery, WV 25136

Zoning

City of Montgomery Zoning Officer

City zoning permits and written applications; applications available at City Hall

Septic permits

Fayette County Health Department

Septic permits and inspections for Montgomery parcels in Fayette County

304-574-1617

5495 Maple Lane Fayetteville, WV 25840

Contact details are copied from each office’s official page and were checked against it on October 11, 2026.

Off-grid gear

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

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Do you need a building permit in Montgomery, WV?

Montgomery publishes a city building-permit fee schedule, but we could not confirm exactly which residential work requires a building permit; describe your project to City Hall before starting.67 Montgomery requires a separate zoning permit before a building or structure is constructed, erected, expanded, enlarged or structurally altered.1 A city zoning permit does not remove the need for a building permit when required by the city code.1

Montgomery’s published building fee is $20 for construction costing up to $2,000, plus $2.50 for each additional $1,000 of construction cost.6 Ask City Hall for the current application, inspection stages and occupancy requirements; we could not confirm those residential requirements.7

Who handles building-permit and zoning questions in Montgomery?

Start Montgomery building-permit questions at City Hall, reached at (304) 442-5181.7 Montgomery zoning-permit applications are available at City Hall and must be submitted in writing by the owner or authorized agent to the city Zoning Officer.1 The zoning application calls for the proposed use and a scaled plan showing lot dimensions, the building’s size and location, and proposed accessory buildings.1

For land outside Montgomery city limits, use the Fayette County guide for county building-permit requirements.11 Septic approval for a Montgomery address in Fayette County remains with the Fayette County Health Department.4

Does Montgomery have zoning, lot-size rules and setbacks?

Montgomery has municipal zoning, with district-specific development controls.2 In Montgomery’s Single Family Residential (SF) District, new lots must contain at least 3,600 square feet and be at least 40 feet wide.8 The SF district limits building height to 35 feet and lot coverage to 60%.1213

Montgomery’s SF front setback is 20 feet and rear setback is 5 feet; side yards must total 15 feet, with neither side below 5 feet.14 SF accessory structures have side and rear setbacks of 3 feet.14 Ask the city Zoning Officer to confirm the parcel’s district and review a scaled site plan before choosing a house footprint.1

How do septic permits work inside Montgomery?

On Montgomery property presently served by city sanitary sewer, the city code generally prohibits septic tanks, cesspools, privies and other wastewater-disposal or storage facilities, subject to the section’s stated exceptions.5 That restriction does not establish the answer for property without city sewer service; ask City Hall to confirm sewer availability before planning private sanitation.57

For a Montgomery parcel in Fayette County where a septic system can be considered, installation or modification requires a health department permit, a Certified Septic Installer and approval and inspection by a department Sanitarian.4 The published application requires Form SS-182A, a Septic System Precautions Acknowledgment and a $222 fee.15

Can you live in an RV or tiny home in Montgomery?

Montgomery prohibits living, sleeping or housekeeping in RVs and camping equipment temporarily or permanently parked or stored on residential property.3 Montgomery also prohibits utility connections to parked or stored RVs except within designated campgrounds.3 A plan to sleep in an RV while building therefore conflicts with the residential-property rule.3

Campgrounds are permitted by right in Montgomery’s Industrial District, but that district rule does not authorize residential-lot camping.163 Accessory dwellings are permitted by right in Montgomery’s Multi-family Residential District.9 We could not confirm a city tiny-home definition or minimum dwelling floor area; ask the Zoning Officer how the proposed structure would be classified and approved.1

What steps should you take before building a home in Montgomery?

  1. Ask City Hall to confirm city limits and the parcel’s county: Montgomery extends into both Fayette and Kanawha counties.7
  2. Take the proposed use and scaled site plan to Montgomery’s Zoning Officer for zoning approval.1
  3. Ask City Hall which building permits, inspections and occupancy approvals the specific project requires.7
  4. Resolve the city sewer restriction before pursuing a private septic system; for Fayette County parcels, contact the Fayette County Health Department about septic approval.54
  5. Obtain the local health department’s well permit before drilling, modifying or abandoning a private well.10
  6. Ask City Hall to identify the applicable local floodplain permit officer before floodplain development, including grading or excavation.717

Watch-outs

  • Montgomery spans Fayette and Kanawha counties; confirm the parcel’s county before using Fayette County health-office contacts.7
  • A West Virginia owner personally performing construction may qualify for a contractor-licensure exemption, but that exemption does not waive applicable building permits or inspections.18
  • Montgomery’s zoning permit and building permit are separate approvals; zoning approval does not waive a required building permit.1

Sources

  1. City of Montgomery Zoning Officer (library.municode.com)
  2. Code of Ordinances, § 27-31—Single Family Residential District (Montgomery), quoted and re-checked
  3. Code of Ordinances, § 27-64—Storage of trailers, camping and recreational equipment (Montgomery), quoted and re-checked
  4. Septic Systems, quoted and re-checked
  5. Code of Ordinances, § 23-3—Use of public sewers required (Montgomery), quoted and re-checked
  6. Code of Ordinances, § 5-2.3—Building permit fees (Montgomery), quoted and re-checked
  7. City of Montgomery (City Hall) (montgomery.wv.gov)
  8. Code of Ordinances, § 27-31—Single Family Residential District (Montgomery), quoted and re-checked
  9. Code of Ordinances, § 27-33—Multi-family Residential District uses permitted by right (Montgomery), quoted and re-checked
  10. Water Wells (West Virginia statewide rule), quoted and re-checked
  11. Homeowners Guide to Building Permit Process, quoted and re-checked
  12. Code of Ordinances, § 27-31—Single Family Residential District (Montgomery), quoted and re-checked
  13. Code of Ordinances, § 27-31—Single Family Residential District (Montgomery), quoted and re-checked
  14. Code of Ordinances, § 27-31—Single Family Residential District (Montgomery), quoted and re-checked
  15. Septic Systems, quoted and re-checked
  16. Code of Ordinances, § 27-45—Industrial District uses permitted by right (Montgomery), quoted and re-checked
  17. Floodplain Permits (West Virginia statewide rule), quoted and re-checked
  18. West Virginia Code §30-42-6. Necessity for license; exemptions (West Virginia statewide rule), quoted and re-checked

Written October 11, 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 Montgomery

Montgomery’s own rules

  • Local zoningPresent (with conditions)

    Land within Montgomery city limits.

    • The cited section establishes dimensional controls for the Single Family Residential District.
    • The schedule was adopted by ordinance of 5-9-2023.
    “Lot, Yard, and Height Requirements Max. Building Height 35 feet Min. Lot Size (Sq. Ft.) 3,600 square feet Min. Lot Width 40 feet Max. Lot Coverage (as a %) 60% Min. Front Setback 20 feet”
  • Zoning districtsPublished (with conditions)

    Zoning districts within Montgomery city limits.

    • The official code includes separately titled Single Family Residential, Multi-family Residential, Factory-built Home Neighborhood, and Industrial district articles.
    • The cited single-family schedule was adopted by ordinance of 5-9-2023.
    “The following shall be uses permitted by right: (1) Bus and transit shelter. (2) Dwelling, accessory. (3) Dwelling, multi-family. (4) Dwelling, single-family.”
  • Living in an RVProhibited

    Recreational vehicles parked or stored on residential property within Montgomery city.

    • The prohibition covers temporary and permanent parking or storage.
    • Recreational vehicles may not be connected to utilities while parked or stored within the city, except within designated campgrounds.
    • The section was adopted by ordinance of 5-9-2023.
    “At no time shall trailers or camping and recreational equipment, including recreational vehicles, be occupied or used for living, sleeping, or housekeeping purposes while being temporarily or permanently parked or stored on a residential property.”
  • Off-grid sanitationLimited

    Property within Montgomery city presently served by a city sanitary sewer.

    • The prohibition concerns privies, privy vaults, sinkholes, septic tanks, cesspools, and other wastewater disposal or storage facilities.
    • The section begins with the qualification “Except as hereinafter provided.”
    • This does not establish a rule for property not presently served by city sewer.
    “Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, sinkhole, septic tank, cesspool or other facility intended for wastewater disposal or storage on any property which is presently served by a sanitary sewer of the city.”
  • Permit feesPublished (with conditions)

    Building permits under Chapter Five within Montgomery city limits.

    • Fees are assessed according to construction cost.
    • The schedule is from ordinance 10-13-2020(2).

    project cost up to $2,000: 20 USD · additional construction cost: per 2.5 USD per $1,000 (For each additional $1,000)

    “Pursuant to the provisions set forth in Chapter Five of this Code building permit fees shall be assessed per the cost of construction as follows: Amount of project Fee Up to $2000.00 $20.00 For each additional $1,000.00, an additional fee of $2.50 per thousand will be assessed. (Ord. of 10-13-2020(2))”

Rules another office applies inside Montgomery

Montgomery does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

  • Minimum lot sizeSpecified

    New lots in Montgomery's Single Family Residential (SF) District.

    • Minimum lot width is 40 feet.
    • The schedule was adopted by ordinance of 5-9-2023.

    minimum lot size: 3600 square feet · minimum lot width: 40 feet

    “Lot, Yard, and Height Requirements Max. Building Height 35 feet Min. Lot Size (Sq. Ft.) 3,600 square feet Min. Lot Width 40 feet Max. Lot Coverage (as a %) 60% Min. Front Setback 20 feet”
  • SetbacksSpecified

    Principal and accessory structures in Montgomery's Single Family Residential (SF) District.

    • Two side yards must total 15 feet, and neither may be less than 5 feet.
    • Accessory side and rear setbacks are each 3 feet.
    • The schedule was adopted by ordinance of 5-9-2023.

    minimum front setback: 20 feet · minimum rear setback: 5 feet · minimum side setbacks: 15 feet total; neither side less than 5 feet

    “Min. Front Setback 20 feet Min. Side Setback Total of 15 feet for two side yards with neither side yard less than 5 feet Min. Rear Setback 5 feet Min. Front Accessory Setback N/A Min. Side Accessory Setback 3 feet Min. Rear Accessory Setback 3 feet”
  • Lot coverageSpecified

    Lots in Montgomery's Single Family Residential (SF) District.

    • The schedule was adopted by ordinance of 5-9-2023.

    maximum lot coverage: <= 60 percent

    “Lot, Yard, and Height Requirements Max. Building Height 35 feet Min. Lot Size (Sq. Ft.) 3,600 square feet Min. Lot Width 40 feet Max. Lot Coverage (as a %) 60% Min. Front Setback 20 feet”
  • Building heightSpecified

    Buildings in Montgomery's Single Family Residential (SF) District.

    • The schedule was adopted by ordinance of 5-9-2023.

    maximum building height: <= 35 feet

    “Lot, Yard, and Height Requirements Max. Building Height 35 feet Min. Lot Size (Sq. Ft.) 3,600 square feet Min. Lot Width 40 feet Max. Lot Coverage (as a %) 60% Min. Front Setback 20 feet”
  • Camping on your landAllowed (with conditions)

    Campgrounds in Montgomery's Industrial (I) District.

    • The cited provision identifies campground as a use permitted by right in the Industrial District.
    • The ordinance was adopted by ordinance of 5-9-2023.
    “The following shall be uses permitted by right: (1) Automobile car wash. (2) Boat livery. (3) Boat and marine sales/service. (4) Boat storage. (5) Building material facility. (6) Bus and transit facilities. (7) Bus and transit shelter. (8) Campground.”
  • Accessory dwellingsAllowed

    Accessory dwellings in Montgomery's Multi-family Residential (MF) District.

    • The cited provision lists dwelling, accessory, as a use permitted by right.
    • The ordinance was adopted by ordinance of 5-9-2023.
    “The following shall be uses permitted by right: (1) Bus and transit shelter. (2) Dwelling, accessory. (3) Dwelling, multi-family. (4) Dwelling, single-family.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Montgomery or Fayette County directly.

  • Building permit — Residential construction within Montgomery city limits.
  • Owner-builder exemption — Owner-built residential construction within Montgomery city limits.
  • Inspections — Construction within Montgomery city limits.
  • Certificate of occupancy — Occupancy of buildings within Montgomery city limits.
  • Minimum dwelling size — Dwellings within Montgomery city limits.
9 more unanswered
  • Tiny homes
  • Septic permit
  • Septic inspection
  • Well permit
  • Agricultural exemption
  • Subdividing land
  • Driveway access
  • Building in a floodplain
  • 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 Montgomery publishes no rule on the point, not that none exists. Fayette County’s page lists the county offices to call.

← All of Fayette County: county rules, score and offices