W. Va. Code » §8-2-1. Requirements for incorporation; size and character of territory; population.
West Virginia Code

W. Va. Code § 8-2-1 (2026)

Requirements for incorporation; size and character of territory; population

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. CREATION OF MUNICIPALITIES.

PART I. GENERAL.

§8-2-1. Requirements for incorporation; size and character of territory; population.

(a) Any part of a county or counties may be incorporated as a city, depending upon the population, either as a Class I, Class II or Class III city, or as a Class IV town or village, as classified in section three, article one of this chapter if the area proposed for incorporation meets the following conditions:

(1) The area is not currently within any municipality urban in character;

(2) For areas that are more than one square mile there must be an average of not less than five hundred inhabitants or freeholders per square mile;

(3) For areas less than one square mile there must be at least one hundred inhabitants or freeholders;

(4) The total area to be incorporated must not include an amount of territory disproportionate to its number of inhabitants; and

(5) The proponents of incorporation shall provide to the county commission a proposal which shall include:

(A) A map or maps of the area to be incorporated showing the following information:

(i) The present boundaries of nearby municipalities and the proposed boundaries of the area to be incorporated; and

(ii) The proposed extensions of water mains and sewer outfalls to serve the incorporated area, if such utilities are to be operated by the municipality. The water and sewer map must bear the seal of a registered professional engineer or a licensed surveyor.

(B) A statement that the area to be incorporated meets the applicable requirements of this article.

(C) A statement setting forth the plans of the proposed municipality for providing to the area to be incorporated each major municipal service and whether the service will be provided by the municipality or by contract with a public or private entity. The plan shall:

(i) Provide for police protection, fire protection, solid waste collection, public water and sewer services and street maintenance services to the area to be incorporated on the date of incorporation;

(ii) A statement of the impact of the incorporation on any rural fire department providing service in the area to be incorporated and a statement of the impact of the incorporation on fire protection and fire insurance rates in the area to be incorporated; and

(iii) A statement showing how the proposed incorporation will affect the proposed municipalities finances and services.

(b) The creation of any new municipality is prohibited if:

(1) The area to be incorporated is within close proximity to an existing municipality and the existing municipality is capable of more effectively and efficiently providing services to the area; or

(2) The creation of a new municipality is not in the best interest of the county as a whole.

(c) It is within the reasonable discretion of the county commission to determine the exact area or portions thereof to be included or excluded in the new municipality, considering the following:

(1) The topography of the area;

(2) The benefits of incorporation;

(3) The amount of uninhabited land required for parks and recreational use; and

(4) Normal growth and development and the present and possible future uses so as to prevent hardships and inequities.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1977–2023 · leading case: Peyton v. City Council of City of Lewisburg, 387 S.E.2d 532 (W. Va. 1989).
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Peyton v. City Council of City of Lewisburg, 387 S.E.2d 532 (W. Va. 1989). · cites it 20× “MILLER, Justice: We accepted this certified question to determine whether the population requirements prescribed by W.Va.Code, 8-2-1 (1969), apply to territorial annexations by municipalities under the provisions of W.”
Cowan v. Cnty. Com'n of Logan Cty., 240 S.E.2d 675 (W. Va. 1977). · cites it 12× “When a petition by freeholders for incorporation of a city, town or village pursuant to W.Va.Code § 8-2-1 is filed with the county commission under W.”
Cowan v. Cnty. Comm'n of Logan Cnty., 240 S.E.2d 675 (W. Va. 1977). · cites it 4× “But what effect is to be given to the verified petitions and maps which are sworn to be in compliance with the Code? The rule we adopt, well-established in several other jurisdictions, is *113 that the petition and accompanying papers duly verified constitute a prima facie case.…”
In re the City of Beckley to Annex ex rel. West Virginia Route 3 Right-of-Way Beginning at the Present Corp. Limits, 460 S.E.2d 669 (W. Va. 1995). “Code, 8-6-4 (1969), in view of the language in the annexation statute providing that the territory *427 be annexed “shall conform to the requirements” of W.Va.Code, 8-2-1. . This principle is consistent with our general law regarding a legislative grant of power to a…”
Stephens v. Raleigh Cnty. Bd. of Educ., 257 S.E.2d 175 (W. Va. 1979). · cites it 2× “W. Va. Code § 8-2-1 , relating to the requirements for incorporation of a municipality, provides that “any part of any county or counties .”
Stephens v. Raleigh Cnty. Bd. of Ed., 257 S.E.2d 175 (W. Va. 1979). · cites it 2× “[8] W.Va.Code § 8-2-1, relating to the requirements for incorporation of a municipality, provides that "any part of any county or counties.”
The City of Charleston v. Robert Romaine, No. 21-0776 (W. Va. May 16, 2023). · cites it 2× “See W. Va. Code §8-2-1 (a)(5) (2001). The City of Charleston is so distinctly defined.”
Nancy Lorraine & Charles Galford v. Nancy Friend, No. 13-1134, 2014 WL 5311389 (W. Va. Oct. 17, 2014). · cites it 3× “3 West Virginia Code § 8-2-1 provides, in part: (a) Any part of a county or counties may be incorporated as a city, depending upon the population, either as a Class I, Class II or Class III city, or as a Class IV town or village, as classified in section three, article one of…”
Cross Lanes/Tyler Mountain Cmty. Ass'n v. Hunt, 367 S.E.2d 763 (W. Va. 1988). “t [commission] is satisfied that all of the applicable provisions of this article have been complied with, the court [commission] shall by order duly made and entered of record, direct the clerk of said court [commission] to issue a certificate of incorporation in form or in…”
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