by Kate Shunney
Town of Paw Paw officials will hear feedback on December 1 about their proposal to get Home Rule powers under West Virginia municipal laws.
Town officials have prepared a Municipal Home Rule application to the West Virginia Municipal Home Rule Board, and a public hearing about the effort is required under the process to apply.
According to an Executive Summary of the application, Paw Paw is looking to add certain powers to their toolbox to remediate dilapidated properties inside town limits, to adjust the makeup of statutory boards and to dispose of town property without resorting to public auction rules. 
“This application seeks narrowly tailored authority to adopt ordinances that address enforcement, property disposition, and administrative limitations that cannot be resolved under existing state law. The proposed authorities are designed to help Paw Paw address blight, streamline code enforcement, and modernize internal operations using practical tools proven in other small towns,” the application says.
“Paw Paw is a Class IV municipality in Morgan County with a 2020 Census population of just 410 residents. The Town’s small size presents unique challenges. It operates with minimal staff, a limited tax base, and no specialized legal or administrative departments. As a result, nuisance abatement, property enforcement, and blight remediation are often difficult and time-consuming.
“Blight remediation and revitalization are the Town’s top priorities. Paw Paw currently lacks formal policies or resources to address abandoned, vacant, or unsafe structures. The ordinances included in this application would allow the Town to respond to these conditions using more efficient administrative and judicial processes. Modeled on ordinances adopted by Romney, Wardensville, and Marlinton, these reforms will allow Paw Paw to issue administrative citations, certify liens and judgments through its Municipal Judge, and enforce dangerous structure remediation orders with due process safeguards,” the application summary says.
West Virginia’s Legislature created the Municipal Home Rule Pilot Program in 2007 to give towns some flexibility “to be creative in addressing local problems by implementing ordinances, rules, and regulations not otherwise available because of the various one-size-fits-all statutes that apply to all municipalities.”
Bridgeport, Charleston, Huntington, and Wheeling were the first cities to be accepted into the program.
In 2019, the legislature made the pilot program a permanent program. It is open to all municipalities. There is a $2,000 annual fee paid by each town or municipality accepted into the program.
The West Virginia Home Rule Board has five voting members, and they consider applications to the program. Members include a governor’s representative, the director of the West Virginia Development Office, a member representing the Business and Industry Council. a member representing the largest labor organization in the state and one member representing the West Virginia Chapter of the American Institute of Certified Planners.
Under state law, in order for Paw Paw to apply for the Home Rule program, it must hold a public hearing on their plan and application and adopt an ordinance authorizing the elected council to submit their plan to the Municipal Home Rule Board .
That board may, by majority vote, select municipalities to participate in the Home Rule Program.
State law specifies that even with a “Home Rule” status, no town can pass laws or ordinances that are “contrary to” environmental regulations, government contract bid procedures, the Freedom of Information Act, wage laws, the U.S. or West Virginia Constitution, federal or state laws, tax laws, certification laws or other established state and federal statutes.
Paw Paw’s public hearing will be held on Monday, December 1 at 6 p.m. at the Paw Paw Municipal Building located at 122 Winchester Street in Paw Paw. A copy of the full application document can be seen at the town hall.
Written comments about the plan and application can be submitted to the Town of Paw Paw, P.O. Box 35, Paw Paw, WV 25434.
