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

Marshall County does not appear to require a general building permit for a home on unincorporated land, but the county's building-code adoption is not expressly confirmed¹. West Virginia has no mandatory statewide building code; the state code applies where a county or municipality adopts it¹⁰. Inside the towns, building rules are set by the town, not the county; Glen Dale, for example, publishes a building and housing code⁵. For unincorporated land, confirm with the County Commission before construction¹¹. An owner who personally performs construction on owned or leased property is exempt from state contractor licensing, but that exemption does not waive an otherwise applicable permit; a nonlicensed owner may need an affidavit when applying to a local permitting authority⁸. The State Fire Marshal does not inspect one- or two-family dwellings under its ordinary jurisdiction¹². Buildings used primarily for agriculture are exempt from state and local building and fire codes, though other land rules can still apply¹³.

Septic permits and well permits for all of Marshall County, including inside the towns, go through the Marshall County Health Department's Environmental Division, at 304-845-7840, 513 6th Street, Moundsville, WV 26041¹⁴. There is no separate county building, zoning or floodplain office listed; the Marshall County Commission, at (304) 845-0482 or commission@marshallcountywv.gov, is the general point of contact for building permit and zoning questions and can direct you to the right county or state office¹¹. The commission's own page is explicit that it has no jurisdiction over the county's incorporated towns, so if your land is inside Benwood, Cameron, Glen Dale, McMechen or Moundsville, that town's own offices set zoning and any building rules, while septic and wells still stay with the Health Department^11,14.

No countywide zoning ordinance for Marshall County is identified, so unincorporated land appears not to have county zoning¹. West Virginia lets a county zone all or only part of its jurisdiction, but the available county information does not confirm that Marshall County adopted such an ordinance¹⁵. Zoning does exist inside several towns. Moundsville divides the city into zoning districts and applies its zoning ordinance to any building, structure or parcel within the city⁴. In Moundsville's R-1 single-family district, the minimum lot is 3,600 square feet⁴ and the maximum building height is 35 feet⁴. Glen Dale publishes a planning and zoning code plus fire-prevention and building-and-housing codes⁵, and McMechen administers zoning and occupancy permits⁶. None of these town rules reach unincorporated land, so confirm the parcel boundary with the Commission¹¹. We could not confirm county rules for setbacks, lot coverage, minimum dwelling size or minimum lot size on unincorporated land; ask the Commission and check deed restrictions before buying. Floodplain, septic and well requirements can apply even where zoning does not.

West Virginia's Public Health Sanitation Division has statewide technical oversight of individual onsite sewage systems, gray-water systems, privies, holding tanks and certain alternative systems¹⁶. In Marshall County, the Health Department processes and decides individual sewage permit applications². A new or modified septic system needs approval before installation, then a final inspection before the system is covered or used¹⁷. Only 0.5% of Marshall County soils are free of severe limitations for a conventional drain field, so arrange a site evaluation before buying and be prepared for a nonconventional design⁷. The same Health Department issues permits before a private well is drilled, modified or abandoned, and a licensed driller must perform the work³.

We could not confirm whether Marshall County allows long-term RV or tiny-home occupancy on private land, so do not treat the lack of a confirmed rule as permission. A campground or other covered recreational facility must obtain a Health Department permit to operate; an RV campground may also need plan review before construction, remodeling or a change of ownership¹⁸. Those facility rules do not answer whether one owner may camp casually or occupy an RV or tiny home on an unincorporated tract¹⁸. Inside an incorporated town, check the town's rules because the county has no authority there¹¹. Outside the towns, ask the Health Department about sanitation, then ask the County Commission about occupancy and siting before committing to the plan^11,14.

1. Call the Marshall County Commission to confirm the building and zoning requirements for your parcel, especially if it is near or inside an incorporated town¹¹.
2. Decide whether you will act as the owner-builder; personally performing work on property you own or lease can exempt you from contractor licensing, but not from applicable permits⁸.
3. Apply to the Marshall County Health Department for a septic permit before installing any sewage system, and expect a site evaluation given how limited the county's soils are for conventional drain fields^7,17.
4. If you need a well, apply through the same Health Department before drilling³.
5. Before grading, filling, excavating or installing a bridge, culvert or other crossing in a floodplain, obtain local floodplain review and provide any other required state or federal permits¹⁹.
6. If you are connecting a new driveway to a state highway, apply for a free driveway permit from the West Virginia Division of Highways; Marshall County itself owns and repairs no roads^11,20.
7. If you plan to disturb one acre or more of ground, check whether you need a WVDEP construction stormwater permit²¹.

Soils and septic: only 0.5% of county soils are free of severe limitations for a conventional drain field, so get a site evaluation before buying⁷. Terrain: 12.2% of Marshall County is at a 15% slope or gentler, and 75.8% is wooded; steep, forested ground can complicate septic and driveway placement⁷. Flood risk: development such as grading, excavation, filling and stream crossings in a floodplain requires a local permit, with engineering analysis depending on the mapped flood zone¹⁹. Municipal boundaries: determine whether the parcel is inside an incorporated town; Moundsville, Glen Dale and McMechen each zone their own land, while septic and wells stay with the Health Department^4,5,6,11. Marshall County has about 29,405 residents, a density of 96.3 people per square mile, and an effective property-tax rate of 0.5% with a $637 median annual bill⁷. The nearest city of 100,000 or more is about 53 miles from the county center⁷.