WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
Senate Bill 805
By Senators Rucker and Deeds
[Introduced March 19, 2025; referredto the Committee on Agriculture; and then to the Committee on Government Organization]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated ยง36-4-20, relating to promoting personal agriculture by making unenforceable a housing association covenant or restriction that prohibits home gardens and ownership of chickens; defining terms; and providing exceptions.
Be it enacted by the Legislature of West Virginia:
## Article 4. covenants.
(a) It is the policy of the state to encourage the sustainable use of residential property and to remove obstacles that promote personal agriculture including the cultivation of home gardens and ownership of certain types of poultry. Therefore, any covenant, restriction, or condition contained in any governing document of a housing association executed or recorded after the effective date of this section that effectively prohibits or restricts the planting or installation of a personal garden, which includes plant crops in containers, or the ownership and enjoyment of no more than four (4) chickens is void and unenforceable unless otherwise prohibited by state law or local ordinance: Provided, That a housing association may, by vote of its members, remove a restriction that prohibits or restricts the cultivation of a personal garden or the ownership of no more than four (4) chickens; Provided, however, That nothing in this section authorizes a property owner subject to a housing association governing document to own a rooster.
(b) For the purposes of this section:
(1) "Chicken" means an adult female chicken or "hen", or a young female chicken or "pullet";
(2) "Housing association" (or "homeowners association," "HOA") means a private group responsible for the upkeep of common areas and shared amenities within a common interest community, enforcing rules, and regulations to maintain a standard of living, and adhering to local, state, and federal laws;
(3) "Personal agriculture" means a use of land where an individual cultivates edible plant crops for personal use or donation. It shall not include edible plant crops grown for sale or other commercial purposes;
(4) "Plant crop" means any crop in its raw or natural state, which comes from a plant that will bear edible fruits, vegetables, herbs or grains. It shall not include marijuana or any unlawful crops or substances; and
(5) "Reasonable restriction" means restrictions that do not significantly increase the cost of engaging in the personal agricultural addressed by this section or significantly decrease its efficiency.
(c) This section does not apply to provisions that impose reasonable restrictions on personal agriculture including restrictions for historical preservation, architectural significance, religious or cultural importance to a given community. Nothing in this section precludes the regulation of personal agriculture by state and local authorities which may establish land use, health and safety standards.
(d) This section applies only to property that is designated for the exclusive use of the homeowner or property owner. It does not apply to common areas and common structures.
(e) This section shall not prohibit a housing association from applying restrictions, rules and regulations that require dead plant material and weeds, with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil, to be regularly cleared from the property.
(f) This section shall not restrict a housing association from prohibiting the use of herbicides, pesticides, fungicides, rodenticides, insecticides, or any other synthetic chemical product commonly used in the growing of plant crops.
(g) This section shall not prohibit a housing association from applying restrictions, rules and regulations that specify the size, type, and location of chicken coops. This section shall not prohibit a housing association from mandating setback requirements, meaning the coop must be a certain distance from property lines or other structures. Nothing in this section authorizes free-ranging.
NOTE: The purpose of this bill is to promote personal agriculture by making unenforceable a housing association covenant or restriction that prohibits home gardens and ownership of chickens. The bill defines terms and provides exceptions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.