Home Rule
The West Virginia Municipal Home Rule Program allows participating municipalities to adopt local ordinances, acts, resolutions, rules, and regulations that may not be explicitly permitted—or may even conflict with—state law. Elkins has been a Home Rule Municipality since 2015.
Home Rule in Elkins
Overview
In 2007, the West Virginia Legislature established the Municipal Home Rule Pilot Program and the Municipal Home Rule Board to oversee its implementation. Since its inception, the program has expanded to include 38 municipalities across the state. In 2019, the Legislature passed Senate Bill 4, which was signed into law by Governor Jim Justice, making the program permanent and open to all West Virginia municipalities.
The City of Elkins was accepted into the Home Rule Program on November 16, 2015. As a designated Home Rule City, Elkins may now submit an unlimited number of proposed amendments to its Home Rule plan for consideration by the Board.
Purpose of Home Rule
The Home Rule Program allows participating municipalities to adopt local ordinances, acts, resolutions, rules, and regulations that may not be explicitly permitted—or may even conflict with—state law. However, all Home Rule actions must comply with:
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The U.S. Constitution
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The West Virginia Constitution
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Federal law
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Chapters 60A (Uniform Controlled Substances Act), 61 (Crimes and Their Punishment), and 62 (Criminal Procedure) of the West Virginia Code
Through Home Rule, cities across West Virginia have gained the flexibility to address a wide range of local issues, including:
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Stagnant or declining revenues
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Vacant and dilapidated properties
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Challenges in recruiting members to civil service boards
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Administrative inefficiencies and intergovernmental barriers
City of Elkins Participation and Authorities
When Elkins submitted its original Home Rule application in 2015, it requested 11 distinct authorities. The Home Rule Board granted 10 of those. In 2017, the city submitted an Amendment to its Approved Written Plan, seeking an additional 9 authorities. Two of those were later withdrawn due to pending legislative changes, and the remaining 7 were approved by the Board.
The chart below outlines the Home Rule authorities currently available to Elkins and the ordinances that have been adopted to implement them. If an ordinance number or adoption date is listed as “N/A,” that authority has not yet been acted upon by Council. These items remain under consideration and may be addressed in the future.
Ordinances
Description | Authority Granted | Ordinance Number | Ordinance Adopted |
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"On the Spot" Citations | Nov. 2015 | 216 | Jul. 2016 |
Registration and Maintenance of Foreclosed Properties | Nov. 2015 | 213 | Jul. 2016 |
Public Nuisance Liens | Nov. 2015 | n/a | n/a |
Satisfaction of Demolition Liens | Nov. 2015 | n/a | n/a |
Transfer or Lease of City Property to Private and Non-profit entities | Nov. 2015 | 230 | Mar. 2017 |
Part-time Police Officers | Nov. 2015 | 207 | Apr. 2016 |
Raising Maximum Age for Joining Civil Service Police Departments | Nov. 2015 | 205 | Jan. 2016 |
Party Membership Requirements for Election Boards and Civil Service Commissions | Nov. 2015 | 231, 232, 233, 234 | Mar. 2017 |
Business License and Categories Fees | Nov. 2015 | 212 | Jun. 2016 |
Distance between WVABCA License Holders and Churches | Nov. 2015 | n/a | n/a |
"Brunch Bill" | Jul. 2017 | 245 | Sep. 2017 |
Allocation of Funds for City Marketing and Tourism | Jul. 2017 | 238 | Feb. 7, 2019 |
Intergovernmental Agreements | Jul. 2017 | 250 | Feb. 2018 |
Municipal Court and Technology Fee | Jul. 2017 | 244 | Sep. 2017 |
Community Enhancement Districts | Jul. 2017 | n/a | n/a |
Reducing the Number of Eligibles from Certified List of Police Civil Service Commission | Jul. 2017 | 251 | Feb. 2018 |
Municipal Sales Tax | Jul. 2017 | 248 | Dec. 2017 |
For More Information
City Clerk
Sutton Stokes
401 Davis Ave
Elkins, West Virginia 26241
304-636-1414, ext. 1211 (office)
suttonstokes@cityofelkinswv.com