West Virginia Code
Article 1. County Commissions Generally
§7-1-3mm. Transfer of Development Rights in Growth Counties

(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

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

§7-1-1a. Requirements for Reforming, Altering, or Modifying a County Commission; Alternative Forms of County Government

§7-1-1b. Legislative Findings; Qualifications for County Commissioners

§7-1-2. Sessions

§7-1-3. Jurisdiction, Powers and Duties

§7-1-3a. Construction of Waterworks; Sewers and Sewage Disposal Plants; Improvements of Streets, Alleys and Sidewalks; Assessment of Cost of Sanitary Sewers, Improved Streets and Maintenance of Roads Not in the State Road System

§7-1-3aa. Authority of County Commissions to Create and Fund a Hazardous Material Accident Response Program

§7-1-3b. Purchase, Installation and Maintenance of Radio Mobile Communication Equipment and Appliances for Use by County Sheriffs and Their Deputies

§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid

§7-1-3c. Purchase, Installation and Maintenance of Photo Copying Equipment, Microphotographic or Other Miniature Photographic Processes, Appliances and Supplies

§7-1-3cc. Authority of County Commissions to Establish Enhanced Emergency Telephone Systems, Technical and Operational Standards for Emergency Communications Centers and Standards for Education and Training of Emergency Communications Systems Personn...

§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid

§7-1-3dd. Authority to Establish County Wage and Benefits Review Board; Duties and Powers; Membership

§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

§7-1-3ff. Authority of County Commission to Regulate Unsafe or Unsanitary Structures and Refuse on Private Land; Authority to Establish an Enforcement Agency; County Litter Control Officers; Procedure for Complaints; Lien and Sale of Land to Recover...

§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

§7-1-3h. Authority and Procedure for Closing Unused Roads, Streets and Travel Ways; Notice and Hearing; Circuit Court Review

§7-1-3hh. Authority to Lease, Sell or Dispose of County Property to the State, Federal Government or an Instrumentality Thereof

§7-1-3i. County Commission May Cooperate With Other Governmental Units

§7-1-3ii. Authority to Require Posting of Commercial and Residential Addresses Within Municipal Boundaries

§7-1-3j. Authority to Establish County Coordinating Council; Powers and Duties of Council; Duties of County Clerk

§7-1-3jj. Authority of Counties to Enact Ordinances Restricting the Location of Businesses Offering Exotic Entertainment

§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

§7-1-3l. Authority to Establish County Appraisal-Assessment Board; Functions and Duties of Board; Duties of Assessor

§7-1-3ll. Clerk of the County Commission Duties Relating to Record Keeping of Military Discharge Forms

§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

§7-1-3nn. Election on Ordinance for Program for Transfer of Development Rights; Form of Ballots or Ballot Labels; Procedure

§7-1-3o. Authority to Construct and Maintain County Transportation, Parking, and Other Public Facilities; Delegation of Such Authority to Board or Commission; Financing

§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

§7-1-3q. County Commissions on Intergovernmental Relations Created and Established; Composition of Commission; Powers and Duties of Commission; Executive Secretary; Duties of Executive Secretary

§7-1-3qq. Authorizing County Commissions to Hold Motor Vehicle Racing Events on Public Roads, Municipal Streets or Airports

§7-1-3r. Purposes of Section; County Commissions on Crime, Delinquency and Correction Created and Established; Composition of Commission; Powers and Duties of Commission; Executive Secretary; Duties of Executive Secretary

§7-1-3rr. Accessible County Records; Required Information

§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties

§7-1-3ss. County Option Election on Forbidding Nonintoxicating Beer, Wine, or Alcoholic Liquors to Be Sold, Given, or Dispensed After 6:00 a.m. on Sundays

§7-1-3t. Authority to Make Grants From General Revenue Funds and Other Funds for Water and Sewer Systems

§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

§7-1-3v. Floodplain and Mudslide Area Management; Legislative Findings; Power and Authority; Enforcement; Provisions Cumulative

§7-1-3w. Authority to Establish County Beautification Councils; Organization; County Commissions Not Obligated for Debts of Councils; Powers and Duties; Expenditures of Funds by Councils; Authority of County Commissions to Appropriate Moneys

§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

§7-1-4. County Commission Authority to Enact Ordinance; Ordinance Provisions Defining Terms; Restricting Certain Activities in Relation to Obscene Matter; and Establishing Penalties for Violations

§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

§7-1-7. Record Books

§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

§7-1-14. Custody and Care of Animals Abandoned, Neglected or Cruelly Treated; Animals Causing Public Nuisance, Health Risk or Safety Hazard; Authority of County Commission

§7-1-15. Challenge of Candidate for County Commission; Residency

§7-1-16. Reporting of Fraud and Misappropriation of Funds