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

Nicholas County requires anyone planning new construction, a substantial improvement, or the placement or relocation of a structure, including a manufactured home, to apply to the county permit officer so the site can be checked for floodplain status¹. The county's published rule establishes that floodplain review, but it does not establish a general countywide building-permit requirement for work outside the floodplain process¹. West Virginia's State Building Code has force only in counties and municipalities that adopt it, and we could not confirm a general Nicholas County adoption from the available county material⁶. Call the Nicholas County Floodplain Permit Office before construction and describe both the parcel and the planned work⁷.

Nicholas County directs construction applicants to its floodplain permit officer, reachable at (304) 872-7893, for the location decision that determines whether the proposed site is within a floodplain⁷. The county source does not identify a separate general building department or establish general inspections outside that review, so ask the Floodplain Permit Office whether your specific scope needs another county approval. West Virginia law allows a county commission to adopt building and housing codes for all or part of its unincorporated territory, but that authority does not itself prove Nicholas County adopted one⁸. Inside Summersville or Richwood, contact the appropriate city because the county's no-zoning statement expressly excludes those incorporated city limits¹.

Unincorporated Nicholas County has no county zoning districts; Summersville and Richwood enact and enforce zoning inside their city limits¹. Consequently, county zoning does not set a minimum dwelling size, minimum lot size, setback, lot-coverage limit, or building-height limit on unincorporated land¹. Septic siting, floodplain review, road requirements, deed restrictions, and other non-zoning controls may still constrain a project¹. Buildings used primarily for agriculture or agritourism also have a State Fire Code exemption, except for specified sleeping, health-care, and detention uses⁹. For land inside Summersville or Richwood, ask the applicable city about its districts and dimensional rules¹.

Every septic system installed or modified in Nicholas County needs a permit, must be installed by a certified septic installer, and must be approved and inspected by a Nicholas County Health Department sanitarian². The health department handles qualifying onsite sewage systems, while some commercial systems may also need West Virginia environmental permitting³. A homeowner may install a standard system for the homeowner's own residence after passing the health department's exam; that route applies to only one residence and is not a general owner-builder exemption for a house³. The health department publishes a current sewage permit-fee schedule, with the amount depending on permit type and category¹⁰. Call the Nicholas County Health Department at (304) 872-5329 ext 0 before design work⁷. USDA mapping rates 0% of county soils as free of severe limitations for conventional drain fields, so make the site evaluation an early contingency⁵.

Nicholas County places no county zoning restriction on RV occupancy, temporary camping, or tiny-home occupancy on private land in unincorporated areas¹. The same county zoning result applies to manufactured homes and accessory dwellings in unincorporated Nicholas County¹. These answers concern county zoning only: septic systems still need approval, and placing or relocating a structure—including a manufactured home—requires the county application used to determine floodplain status^1,2. A private well also needs a permit, certified driller, and health-department inspection⁴. Summersville and Richwood have their own zoning, so obtain the applicable city's answer for property inside either city¹.

1. Determine whether the parcel is inside Summersville or Richwood, because both cities enforce zoning while unincorporated Nicholas County does not¹.
2. Submit the project location to the Nicholas County Floodplain Permit Office before new construction so the office can determine floodplain status^1,7.
3. Ask that office whether any general building-code, inspection, or occupancy requirement applies to the project, because county adoption was not confirmed.
4. Apply through the Nicholas County Health Department before installing or modifying septic; use a certified installer unless you qualify for the homeowner exam route^2,3.
5. Obtain a health-department permit before drilling a private well and use a certified well driller⁴.
6. If land disturbance reaches 1 acre or is part of a larger common plan, obtain state construction-stormwater authorization through the electronic system¹¹.
7. Obtain a free state highway access permit before adding a driveway onto a state highway¹².

Start with septic feasibility: USDA mapping rates 0% of Nicholas County soils as free of severe limitations for conventional drain fields, so a site evaluation can materially change the usable building area and system cost⁵. Terrain is another constraint, with about 18.7% of the county at a slope of 15% or less and roughly 90.5% wooded⁵. Confirm floodplain status and any permit path with the county before treating a flat bench near water as buildable^1,7. If the parcel needs a well, the county requires a permit, certified driller, and inspection, with a stated $100 fee⁴. Check legal road access too: a new driveway connecting to a state highway needs a state permit¹². For carrying costs, the effective property-tax rate is about 0.5%, and the median annual property-tax bill is about $550⁵.