Procedures for Enacting/Amending an Ordinance Based on an Approved Written Plan

Please see W. Va. Code § 8-1-5a(i). Phase I and Phase II municipalities should follow the procedure outlined below to enact or amend an ordinance pursuant to their existing, approved written plan.

  1. Provide notice at least 30 days prior to a public hearing related to the proposed ordinance(s), or any amendment thereto by a Class II legal advertisement.
  2. Make a copy of the proposed ordinance(s) or any amendment thereto available for public inspection at least 30 days prior to holding a public hearing related to the proposed ordinance or amendment thereto.
  3. Hold a public hearing related to the proposed ordinance or any amendment thereto.
  4. Seek approval from the Municipal Home Rule Board for the proposed ordinance(s) or any amendment thereto. Submit to the Municipal Home Rule Board (Debbie.a.browning@wv.gov); or Debbie Browning; West Virginia Development Office; Building 6, Room 553; Charleston, WV 25305-0311):
     
     a) A copy of the proposed ordinance or amendment thereto.
    b) Evidence of compliance with 1-3 herein.
    c) Any comments offered during the public hearing, either in audio or written form.
    d) A letter from an attorney licensed to practice law in West Virginia certifying that the proposed ordinance or amendment thereto  complies with W. Va. Code § 8-1-5a.

  5. The Municipal Home Rule Board will approve or reject the proposed ordinance or amendment at a publicly noticed meeting.
  6. After receiving approval from the Municipal Home Rule Board and prior to adoption by City Council, read the proposed ordinance(s) or amendment thereto at least two times.