WV HB4731

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

Defines key housing types including accessory dwelling units (ADUs) as secondary housing units with separate kitchen, bathroom, and entrance on the same lot as a primary dwelling

Preserves the authority of HOAs, condominium associations, and restrictive covenants, stating the act does not invalidate or limit their enforceability

Creates an appeal process for denied permits with de novo court review, requiring courts to examine whether there was abuse of discretion or lack of fair process

Awards attorney fees and expenses to successful applicants who overturn permit denials, while prohibiting fee awards to government entities or third parties challenging permits