WV HB3503

State preemption prohibits counties, municipalities, and political subdivisions from regulating commercial horticulture operations regarding size, placement, location, or operation under the Water Pollution Control Act

All existing local charters, laws, rules, regulations, ordinances, or zoning provisions governing commercial horticulture within this subject matter are declared invalid and unenforceable

Local governments cannot bring legal action against commercial horticulture operations for activities covered by the Water Pollution Control Act if the operation is in material compliance with state and federal water pollution laws

Political subdivisions are barred from enacting any ordinance related to the Water Pollution Control Act that is more stringent than federal or state rules, regulations, or permitting requirements

Effective date is July 11, 2025 (90 days after passage on April 12, 2025)