West Virginia § 8A-5-1 Jurisdiction of planning commissions

West Virginia Statutes

§ 8A-5-1 — Jurisdiction of planning commissions

West Virginia § 8A-5-1

Ch. 8ALAND USE PLANNING

Art. 5SUBDIVISION OR LAND DEVELOPMENT PLAN AND PLAT

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Bluebook

W. Va. Code § 8A-5-1 (2026).

Text

(a)A planning commission has the authority to:

(1)Approve a minor subdivision or land development application within its jurisdiction;

(2)Exempt an application for a minor subdivision or land development within its jurisdiction; and

(3)Approve a major subdivision or land development application within its jurisdiction.

(b)The staff of a planning commission has the authority to approve a minor subdivision or land development application within its jurisdiction, if granted such authority by the governing body in the subdivision and land development ordinance.

(c)If a subdivision or land development plan and plat cannot be approved through the minor subdivision or land development process, then an applicant must use the major subdivision or land development approval process.

(d)I

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(a) A planning commission has the authority to:

(1) Approve a minor subdivision or land development application within its jurisdiction;

(2) Exempt an application for a minor subdivision or land development within its jurisdiction; and

(3) Approve a major subdivision or land development application within its jurisdiction.

(b) The staff of a planning commission has the authority to approve a minor subdivision or land development application within its jurisdiction, if granted such authority by the governing body in the subdivision and land development ordinance.

(c) If a subdivision or land development plan and plat cannot be approved through the minor subdivision or land development process, then an applicant must use the major subdivision or land development approval process.

(d) If a governing body has adopted detailed standards for final plats as part of a subdivision and land development ordinance, the planning commission may delegate to its staff the authority to approve preliminary or provisional land development plan or subdivision plat that is consistent with the adopted standards for final plats and the requirements of the adopted subdivision and land development ordinance.

(e) The planning commission may delegate to its staff the authority to determine completeness, phasing, changes, and technical review for major subdivisions or land development applications, if a governing body has adopted detailed process provisions, procedures, or checklists for major subdivisions or land development applications:Provided, That a staff review does not take longer than would a planning commission review. Any applicant may request, in writing to the planning commission, that such a delegated review shall revert to a planning commission review, in which case the time required for review begins at the date of the request.