Land Use & Zoning

A West Virginia county adopts a moratorium on development applications while it updates its comprehensive plan. This moratorium:

APermanently prevents all development in the county
BIs a temporary measure that may be valid under the police power if reasonable in duration✓ Correct
CCannot exceed 30 days under WV law
DMust be approved by the WVREC

Explanation

A temporary development moratorium is generally permissible under the police power if it is reasonable in duration and enacted in good faith to allow for planning. Courts will scrutinize overly long or indefinite moratoriums as potential takings.

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