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2023 Op. W. Va. Att'y Gen. 1 (2023)

handle is hein.sag/sagwv0066 and id is 1 raw text is: State of West Virginia Office of the Attorney General Patrick Morrisey Phone: (304) 558-2021 Attorney General Fax: (304) 558-0140 July 21, 2023 Honorable April D. Mallow Pendleton County Prosecuting Attorney P.O. Box 865 22 N. Main St. Franklin, WV 26807 Dear Prosecutor Mallow: You have asked for an Opinion of the Attorney General concerning the proper procedures for the County Commission to follow when enacting a zoning moratorium. This Opinion is being issued under West Virginia Code § 5-3-2, which provides that the Attorney General may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office. When this Opinion relies on facts, it depends solely on the factual assertions in your correspondence with the Office of the Attorney General. Your letter explains that Pendleton County may consider imposing a moratorium on the building of industrial wind turbines in the County. Pendleton County wants to follow the proper procedures, but it does not presently have a county planning or zoning office. You have asked the following legal question: Pursuant to the West Virginia Open Governmental Proceedings Act and state zoning laws, what would be the proper procedure for the County Commission to follow should they consider adopting a moratorium on the building of industrial wind turbines in Pendleton County? We conclude that a county wanting to adopt a moratorium must follow the procedure for enacting a zoning ordinance under West Virginia Code § 8A-7-5. While Pendleton County has discretion whether or not to pursue a moratorium, the Legislature has set out the procedure if it chooses to do so. That statutory process requires Pendleton County to adopt a comprehensive plan, develop a zoning ordinance, and enact a zoning ordinance.