Delegate Joe Funkhouser

Local Control and Municipal Annexations

Is West Virginia Law governing municipal annexations in need of refinement? This became a debatable topic during the 2026 regular session regarding SB 182, which proposed amending the law to authorizing an unlimited amount of minor boundary adjustments as introduced (from once every two years as in current law) to once annually which passed in the Senate. I offered floor amendments to provide County Commissions an additional factor in determining approval by considering Whether the proposed annexation may result in direct or indirect increased taxes or fees upon county residents as well as the authority to approve or deny all forms of annexation, which the floor debate is in this video. The intent of my amendment is to encourage municipalities and counties to better collaborate instead of compete with each other.

There are numerous tools that are available to collaborate, which are rarely utilized, such as:

§ 7-11B-29. Joint development or redevelopment districts.

§ 7-12-9a. Joint undertakings by municipal and county development authorities.

§ 7-12-9b. Joint development entities.

§ 7A-1-1 et seq. Consolidated Local Government Act.

The legislative history of W. Va. Code § 8-6-1. et seq., which governs municipal annexation in West Virginia, reflects significant developments over time, as detailed below:

Initial Framework and Early Amendments:
The annexation statutes were first codified in the 1931 Code, which permitted annexation by municipal corporations with a population of less than 2,000. At that time, there was no minimum population requirement for the territory proposed to be annexed, nor was there a requirement for the territory to conform to the provisions of the incorporation statute.

The incorporation statute, however, required a minimum population of 100 residents for any territory to be incorporated.

In 1949, the annexation statute was amended to allow municipalities to annex property regardless of its population. However, the statute still did not require the annexed territory to meet the standards for incorporation.

1951 Revisions:
The annexation and incorporation provisions were revised in 1951. For the first time, the requirement that the additional territory to be annexed must conform to the requirements of the incorporation statute was introduced. This change applied specifically to annexation by election.

These amendments likely aimed to impose stricter standards for annexation, possibly in response to controversies surrounding attempted incorporations, such as the community of Belle.

Post-1936 Constitutional Amendment:

The Municipal Home Rule Amendment, ratified in 1936, required the Legislature to provide general laws for the incorporation and governance of municipalities. In response, the Legislature enacted general laws in 1937 to regulate the increase and decrease of municipal boundaries. These laws, now contained in Article 6 of Chapter 8, established three methods for altering municipal boundaries: (1) annexation by election, (2) annexation by petition without an election, and (3) annexation by minor boundary adjustment.

Current Framework and Methods:

The current statutory framework under W. Va. Code § 8-6-1. et seq. provides for three primary methods of annexation:

Annexation by Election: W. Va. Code § 8-6-2: This method requires a petition signed by at least five percent of the freeholders of the municipality proposing the annexation. The petition must include an accurate survey map of the territory to be annexed. Following the petition, an election is held, and the annexation must be approved by a majority of voters in both the municipality and the additional territory. The election process is conducted in the same manner as municipal officer elections, and the results are reviewable by the circuit court of the county where the municipality is located.

Annexation by Petition Without Election: Under, W. Va. Code § 8-6-4, this method allows annexation if a majority of qualified voters and freeholders in the territory file petitions with the municipality. This method allows annexation without a vote if two conditions are met: (1) a majority of the qualified voters in the additional territory file a petition to be annexed, and (2) a majority of all freeholders in the additional territory, regardless of residency, also file a petition. If all eligible petitioners are qualified voters, only a voters' petition is required. The sufficiency of the petitions is reviewable by the circuit court. Once the governing body certifies the petitions' sufficiency, the county commission must enter an order approving the annexation, with no discretion to challenge the process.

Annexation Without Election in Counties with Urban Growth Boundaries: W. Va. Code § 8-6-4a (Applies to Jefferson County since the 2009 amendment): This method applies only to municipalities in counties with countywide zoning ordinances and designated urban growth boundaries. The property to be annexed must be contiguous to the municipality's urban growth boundary. This method does not require an election or petitions but is limited to specific municipalities meeting the statutory criteria.

Annexation by Minor Boundary Adjustment: W. Va. Code § 8-6-5 authorizes annexation through minor boundary adjustments, which may include streets, highways, or other configurations. This method grants county commissions broader review authority compared to the other methods. This method does not require a petition or election. Instead, the municipality submits an application to the county commission, which must determine whether the annexation qualifies as a minor boundary adjustment. The commission considers factors such as contiguity, public support, and the best interests of the county. A public hearing is required, and the commission may deny the application if it finds the annexation could be more efficiently accomplished under other statutory methods or if there is substantial opposition from affected parties. The municipality may appeal the commission's decision to the circuit court.

Each method reflects varying levels of public participation and procedural requirements, balancing municipal growth with the interests of affected parties and the broader community.

Judicial Interpretation and Clarifications:

The courts have played a significant role in interpreting these statutes. For example, in, In re Morgantown, 159 W. Va. 788 (1976) the West Virginia Supreme Court of Appeals clarified the legislative intent behind the three annexation methods and the roles of county commissions in the process. In City of Charles Town v. County Comm'n, 221 W. Va. 317 (2007) it was determined county commissions could not stop minor boundary adjustments which led to the 2009 amendment and addition of W. Va. Code § 8-6-4a. Similarly, in Coffman v. Nicholas Cnty. Comm'n, 238 W. Va. 482 (2017) the Court addressed the scope of minor boundary adjustments and the delegation of authority to county commissions.

Contiguity Requirement:

W. Va. Code § 8-6-1(a) requires that annexed territory be "contiguous" to the municipality. The term "contiguous" has been interpreted to mean proximity rather than strict physical contact, though this interpretation has been subject to debate: Doering v. City of Ronceverte, 228 W. Va. 147 (2011); In re City of Beckley, 194 W. Va. 423 (1995).

In summary, the legislative history of W. Va. Code § 8-6-1. et seq. demonstrates an evolution from minimal requirements for annexation to a more structured and regulated framework, with significant judicial interpretation shaping its application.

While the House and Senate could not reach agreement on SB 182, these issues will likely be considered in the future. I welcome your feedback here or at [email protected].