(a) In addition to all other powers and duties now conferred by law upon county commissions, if a county has been designated as a growth county as that term is defined in section three, article twenty of this chapter, those county commissions, upon approval by a majority of the legal votes cast at an election as provided in section three-nn of this article, are hereby authorized to, as part of a county-wide zoning ordinance, establish a program for the transfer of development rights in order to:
(1) Encourage the preservation of natural resources;
(2) Protect the historic, scenic, recreational and agricultural qualities of open lands; and
(3) Facilitate orderly growth and development in the county.
(b) The program for the transfer of development rights may provide for:
(1) The voluntary transfer of the development rights permitted on any parcel of land to another parcel of land for use in accordance with the zoning and subdivision ordinance;
(2) Restricting or prohibiting further development of the parcel from which development rights are severed; and
(3) Increasing the density or intensity of development of the parcel to which such rights are transferred.
(c) The program for the transfer of development rights shall:
(1) Designate a program for which development rights may be transferred from any parcel of land to any other parcel of land for use in accordance with the zoning and subdivision ordinance;
(2) Provide that any rights transferred under this section be for a period of ten years and may be renewed for additional ten year periods; and
(3) Any rights which expire before being used for development, revert to the original parcel of land from which the rights were first severed.
(d) The county commission may not set a price for any development rights that are proposed to be transferred or received.
(e) "Transferable development rights" means an interest in real property that constitutes the right to develop and use property under the zoning ordinance which is made severable from the parcel to which the interest is appurtenant and transferable to another parcel of land for development and use in accordance with the zoning ordinance.
(f) Transferable development rights may be transferred by deed from the owner of the parcel from which the development rights are derived and upon the transfer shall vest in the grantee and be freely alienable.
(g) The zoning ordinance may provide for:
(1) The method of transfer of development rights;
(2) Recordation of the date of each transfer;
(3) The names of the transferor and transferee;
(4) A description of the property;
(5) The granting of easements;
(6) Reasonable regulations to effect and control transfers and assure compliance with the provisions of the ordinance; and
(7) Any other information necessary to administer the program.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 1. County Commissions Generally
§7-1-1. County Commissions Corporations; How Constituted; Election of President
§7-1-1b. Legislative Findings; Qualifications for County Commissioners
§7-1-3. Jurisdiction, Powers and Duties
§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid
§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid
§7-1-3e. Acquisition of Land For, and Operation Of, Public Refuse Dumps and Sanitary Landfills
§7-1-3ee. Providing for Payment of Service Fees at Banking Institutions
§7-1-3f. Establishment and Operation of Garbage and Refuse Collection and Disposal Services
§7-1-3g. Acquisition, Operation, and Maintenance of Sewerage Systems and Sewage Plants
§7-1-3gg. Lease Agreements for Equipment or Materials With Option to Cancel or Renew
§7-1-3i. County Commission May Cooperate With Other Governmental Units
§7-1-3k. Authority to Lease, Rent or Permit the Use of County Property
§7-1-3kk. Authority to Provide for the Elimination of Hazards to Public Health and Safety; Penalty
§7-1-3m. Authority to Employ, Fix Compensation for and Discharge Personnel
§7-1-3mm. Transfer of Development Rights in Growth Counties
§7-1-3n. Authority of Certain Counties as to Building and Housing Codes; State Building Code
§7-1-3oo. Authority to Enter Into Energy-Savings Contracts
§7-1-3p. Authority to Require Permits for Mobile Homes or House Trailers; Penalty
§7-1-3pp. Additional Powers and Duties of Commission; Areas of Special or Unique Interest
§7-1-3rr. Accessible County Records; Required Information
§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties
§7-1-3tt. Restriction on the Regulation of Trades, Occupations, and Professions
§7-1-3u. Authority of Counties and Municipalities to Treat Streams to Prevent Floods
§7-1-3x. County Information Referral Service
§7-1-3y. Authority to Grant Funds to Nutrition Programs
§7-1-3z. Authority of Counties to Govern Business of Massage
§7-1-5. Duties of County Commissioners; Payment for Services Other Than Services in Court
§7-1-5a. Excusal of Commissioner From Voting Where Conflict of Interest Involved
§7-1-6. Power to Punish for Contempts
§7-1-8. Continuance of Matters at End of Session
§7-1-9. Creation of Special Funds
§7-1-10. Special Account for Federal and State Grants-in-Aid Authorized
§7-1-11. Purchasing in Open Market or Competitive Bids; Debarment
§7-1-12. Authority for Establishing County Curfews; Jurisdiction for Violations
§7-1-13. Regulation of Amateur Radio Antennas
§7-1-15. Challenge of Candidate for County Commission; Residency