Zoning, building permits and septic rules in Town of Bath (Berkeley Springs), West Virginia

Town of Bath (Berkeley Springs)’s own rules

• Building permitRequired

  Single-family dwelling construction within Bath's corporate limits.

  • Application must be submitted to town council at least 30 days before site work or construction is scheduled to start.
  • Emergency and routine-maintenance permits are issued immediately upon proper application, request, and payment of the required fee.
  • Additions and improvements require at least one council reading; new construction and floodplain work require at least two readings, with floodplain issues resolved to the County Flood Plain Coordinator's satisfaction.

  “An application for a building permit for a single-family dwelling shall be submitted to the town council at least 30 days before any work or construction within the corporate limits of the town is scheduled to start on the site thereof.”

• Building code adoptedAdopted (with conditions)

  Buildings inside Bath (Berkeley Springs) town limits.

  • The adopted State Building Code is subject to legislative rules adopted by the state fire commission and authorized by the state legislature.

  “Except as otherwise provided in this article, the State Building Code as provided for in W. Va. Code, § 29-3-56(b) is hereby adopted by reference as if set forth verbatim herein.”

• InspectionsLimited

  Premises inside Bath for which municipal building permits have been issued.

  • The building inspector may examine permitted premises to check compliance and safe prosecution of work; the code passage does not make an inspection mandatory for every permit.

  “The building inspector may examine premises for which permits have been issued to see that an applicant is complying with provisions of the permit application and that work is prosecuted safely.”

• Who permits septicCounty (with conditions)

  Well and septic approvals associated with new construction and substantial improvements inside Bath.

  • The Town flood-prevention code conditions improvement-location permits on County Health Department approval for well and septic permits.

  “Improvement location permits are required in order to determine whether all new construction or substantial improvements are: (1) Approved by the county health department for well and septic permits.”

• Subdividing landRegulated (with conditions)

  Any division of land inside Bath (Berkeley Springs) town limits.

  • Small subdivisions such as one lot into two that need no public utilities or roads may receive a waiver.
  • All subdivision requests require Planning Commission approval and Town Council approval; approved subdivisions must be recorded within ten business days.
  • The Town may approve or disapprove applications within 45 days, depending on conformance with applicable rules and regulations.

  recordation deadline: <= 10 business days (After approval of a subdivision of any size or complexity.)

  “Any division of land, even one parcel into two, must apply for and receive approval to subdivide. However, if the subdivision is small in scale, such as one lot into two, and requires no new public utilities or roads, a waiver may be granted.”

• Driveway accessRequired

  New driveway construction associated with a single-family residence inside Bath.

  • New driveways fall within the new-construction and floodplain-work permit classification, which requires two readings at scheduled Town Council meetings.
  • For floodplain permit requests, floodplain issues must be resolved to the County Flood Plain Coordinator's satisfaction.

  “This work would include, but not be limited to, adding new structure space to the current footprint of the residence; adding new outbuildings or fences/walls; adding new sidewalks or driveways, and demolition of property.”

• Permit feesPublished (with conditions)

  Single-family building permits inside Bath (Berkeley Springs) town limits.

  • The fee applies upon submission of a permit application.
  • Professional contract work requires a valid state and town business license; the application must include the West Virginia Business Registration Certificate and state-license numbers.
  • Starting work before properly obtaining a permit triggers stated penalty fees.

  building permit fee for first estimated work value: 20 USD (For the first estimated $15,000.00 of work.) · building permit fee increment: per 1 USD per additional $1,000 estimated work

  “Upon submission of the application for permit, the applicant shall also submit the proper fee of$20 (twenty dollars) for the first estimated $15,000 (fifteen thousand dollars) of work, and an additional $1 (one dollar) per additional thousand dollar of estimated work.”

• Permit processPublished (with conditions)

  Single-family dwelling building permits inside Bath (Berkeley Springs) town limits.

  • Applicant presents the application and fee to the Town for classification into one of four work classifications.
  • Emergency repairs and routine maintenance are issued immediately after proper application, request, and payment.
  • Additions and improvements require at least one Council reading; new construction and floodplain work require at least two readings.

  advance application period: >= 30 days (Before scheduled site work or construction.)

  “The building permit applicant presents the application and the fee to the Town for classification of their permit under one of the four (4) classifications of work listed below:”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Bath (Berkeley Springs) or Morgan County directly.

• Owner-builder exemption — Owner-built residential construction inside Bath (Berkeley Springs) town limits.
• Certificate of occupancy — New or altered residential structures inside Bath (Berkeley Springs) town limits.
• Local zoning — Land inside Bath (Berkeley Springs) town limits, Morgan County, West Virginia.
• Zoning districts — Zoning districts inside Bath (Berkeley Springs) town limits.
• Minimum dwelling size — Dwellings inside Bath (Berkeley Springs) town limits.

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.