W. Va. Code § 5B-14-4
State preemption of local regulation
West Virginia · West Virginia Code Chapter 5B — Economic Development Act of 1985 · Status: effective
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- W. Va. Code § 5B-14-4, State preemption of local regulation, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2359596
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Full text
(a) Except as provided in this section, a county or municipality may not enact nor enforce any ordinance, regulation, resolution, administrative act, or other local law that prohibits, restricts, limits, or otherwise regulates the extraction of any strategic and critical resource outside municipal or urban areas.
(b) Except as provided in this section, a county or municipality may not enact nor enforce any ordinance, regulation, resolution, administrative act, or other local law that prohibits, restricts, limits, or otherwise regulates the acquisition, siting, development, construction, equipping, use, operation, expansion, repair, or maintenance of any strategic and critical resource facility outside municipal or urban areas.
(c) This article does not exempt an owner or operator from compliance with generally applicable business licenses, ad valorem property taxation, municipal sales or use taxes, utility rates and service charges, municipal service fees, or the State Building Code.