WV SB671

Establishes the By-Right Housing Development Act requiring automatic approval of housing projects (single-family homes, multifamily units, and accessory dwelling units) that comply with existing zoning and land use regulations, eliminating discretionary review by planning commissions or zoning boards

Defines key terms including "by-right development" as approval without discretionary review, and "accessory dwelling unit" as a secondary housing unit with separate kitchen, bathroom, and entrance on the same lot as a primary dwelling

Preserves the authority of homeowners' associations, condominium associations, and restrictive covenants, which remain enforceable despite the new streamlined approval process

Requires regulatory authorities to monitor compliance with approved developments and authorizes enforcement actions including fines, penalties, or required modifications for non-compliance

Creates a judicial appeal process for denied permits with de novo court review, requiring courts to award attorney fees and expenses to successful applicants while prohibiting such awards to government entities or third parties challenging permits