In unincorporated Morgan County, the Planning Commission staff issue residential and commercial building permits, called Improvement Location Permits, under the county’s floodplain and location permit ordinance. A new home is charged $0.20 per sq ft plus a $100 base fee, and the Towns of Bath and Paw Paw issue their own permits.
What requires a permit in Morgan County?
The county’s ordinance makes it unlawful to start any development, new construction, substantial improvement or relocation of a structure, manufactured homes included, without a permit from the Floodplain Administrator/Permit Officer. The October 2025 fee schedule shows what that covers in practice:
Residential
- New homes, including modular, prefab, recreational and mobile homes
- Additions such as dens and sunrooms
- Outbuildings, barns, garages, decks and porches
- Pools
- Renovations such as roofing, siding, residential solar panels and driveways
- Fences and demolition
Commercial
- New commercial buildings of any size
- Cell tower improvements
- Any commercial project, which first goes through a pre-application review
- Stormwater management for buildings over 5,000 sq ft
Outbuildings on land the Assessor classifies as a Class II active farm pay a reduced flat fee, with the Assessor’s classification as proof. Inside the Town of Bath or the Town of Paw Paw, the town’s own permit rules apply instead.
Who issues building permits in Morgan County?
The Planning Commission and its staff administer six county ordinances and issue residential and commercial permits. Alex Moore is the Director and Floodplain Administrator. The county’s posted ordinances include no building code adoption, so the county permit checks location, floodplain, well, septic and contractor licensing rather than construction drawings.
| Area | Who issues permits |
|---|---|
| Unincorporated Morgan County | Morgan County Planning Commission, 77 Fairfax Street, Berkeley Springs; 304-867-3133 (the county contacts list also gives 304-258-8540) |
| Town of Bath (Berkeley Springs) | Town of Bath building permit, issued by the Police Chief under Ordinance 2012-03; Town Hall, 271 Wilkes Street, 304-258-1102 |
| Town of Paw Paw | Town of Paw Paw building permit, approved by Town Council; Town Hall, 122 Winchester Street, 304-947-7476 |
| Septic systems and wells | Berkeley-Morgan Health Departments, 137 War Memorial Drive, Berkeley Springs; 304-258-1513 |
Short on time to read all of this?
Get a free quote →The planning office accepts cash, checks and credit cards. Permits can be mailed for an extra $5.
Morgan County permit types and forms
- Improvement Location Permit Application (2025 form): applicant, parcel, deed and tax district details, a description and cost of the work, contractor names with WV licence numbers, and a flood-prone or not-flood-prone certification. The back of the form is a site sketch.
- Legislative Rules Form: signed by an owner doing the work instead of a licensed contractor.
- Commercial Pre-Application packet: starts every commercial project, with the Commercial ILP Checklist for site plans.
- Subdivision application packet and plat checklists for new lots.
- Elevation Certificate for building in or near the 100-year floodplain.
The permit placard must be displayed on the site while work is in progress.
Morgan County permit costs and fees
Fees come from the county’s Improvement Location Permit Requirements and Fee Schedule, effective October 1, 2025.
| Project | Fee |
|---|---|
| Residential, recreational, modular, prefab and mobile homes | $0.20 per sq ft, $100 base fee |
| Outbuildings, barns, garages, decks, porches | $0.10 per sq ft |
| Additions and improvements (den, sunroom) | $0.10 per sq ft, $50 base fee |
| Pools | $0.10 per sq ft, $45 base fee |
| Renovations: residential solar, roof, siding, driveway | $50 flat |
| Demolition | $50 flat |
| Fence | $30 flat |
| Cell tower improvements | $500 flat |
| Commercial building under 2,000 sq ft | $0.24 per sq ft, $125 base fee |
| Commercial building over 2,000 sq ft | $0.24 per sq ft, $300 base fee |
| Class II active farm outbuildings | $25 flat |
Not sure this scope needs a permit?
Get a free quote →Every permit costs at least $25, fees are rounded to the nearest dollar, and renewing an expired permit costs $10. Starting work before approval doubles the fee. On commercial projects that need an engineer’s review, the engineer’s cost is passed on to the applicant.
Wells, septic, utilities and fire review
Morgan County issues no separate electrical, plumbing or mechanical permits. What the county does require before it issues a location permit:
- An approved septic permit and well permit from the Morgan County Health Department when the home uses them. The application warns that a septic permit must be renewed every year until the system is installed, and the approved septic location cannot move without a new permit.
- A hookup letter from Warm Springs Public Service District or Berkeley Springs Water Works when the site uses public sewer or water.
- A highway entrance permit where one applies.
- WV Fire Marshal approval for commercial projects, which is an item on the Commercial ILP Checklist.
Application documents and review
Homes and outbuildings
- Completed Improvement Location Permit Application
- Approved septic and well permits, or a public sewer or water hookup letter
- Blueprints or floor plan
- Site sketch showing the driveway, home, well, septic and other structures (dotted lines for additions)
- Photographs
- Contractor’s WV licence, or the owner’s signed Legislative Rules Form
- Elevation information when the site is in or near the 100-year floodplain
Commercial
- Under 2,000 sq ft of impervious surface: pre-application form and checklist with a drawing; the County Planner decides whether Planning Commission review is needed
- 2,000 to 5,000 sq ft: professionally prepared site plan, checklist and environmental impact forms, review by the County Planner and engineer, then a public hearing
- Over 5,000 sq ft: all of the above plus stormwater management
Rather talk it over?
Call 1-855-478-4290 →Gravel and existing structures count as impervious surface. Commercial items go on the Planning Commission agenda only after the engineer’s review, which takes at least 2 weeks.
How to apply: 6-step Morgan County process
Town parcels follow the town’s permit rules rather than the county’s.
Septic and well permits from the Berkeley-Morgan Health Departments, or hookup letters from the water and sewer providers.
Mark the application flood-prone or not; sites in or near the floodplain receive a list of extra items.
Add plans, photographs and the contractor’s licence or the owner’s Legislative Rules Form.
Pay by cash, check or card at 77 Fairfax Street, or add $5 to have the permit mailed.
Work must begin within 6 months and finish within 18 months unless the Floodplain Administrator extends the permit in writing.
Permit time limits and follow-up
Under the ordinance, the permit expires if work has not begun within 6 months of issue and when 18 months have passed, unless a written extension is granted; extension requests must be in writing with reasons. No changes to the approved application or plans are allowed without the Permit Officer’s written consent, and work found without a permit receives a stop work order.
The county sends a copy of every permit to the County Assessor and, for new structures, to the E-911 addressing coordinator, so a new home gets its address through the same file.
Rather not deal with the Morgan County building department?
Get a free quote →Bath, Paw Paw and other local details
Town of Bath (Berkeley Springs): the town has adopted the State Building Code by reference (Chapter 14, Sec. 14-19). Under Ordinance 2012-03, the applicant brings the application and fee to the Town, which sorts the job into one of four classes. Emergency repairs and routine maintenance permits are issued at once. Remodels that add rooms, baths, kitchens or stoves need at least one Town Council reading. Chapter 14 asks for applications, for houses and other buildings alike, to reach the Town Council at least 30 days before work is due to start, and a building inspector appointed by the mayor checks each application against the State Building Code. New construction, additions to the footprint, outbuildings, fences, new sidewalks or driveways and any floodplain work need two readings, and floodplain issues must first be resolved with the County Flood Plain Coordinator. The fee is $20 for the first $15,000 of estimated work plus $1 for each additional $1,000. Starting work early costs a flat $100 for the first two classes, and $100 for the first day plus $50 for each later day for the other two. Contractors need a Town business licence. The Town also requires the Form LGR 12:75 notice of building or real property improvement (Ordinance 2022-03-15, amended 2022-07-19). Town Hall is open weekdays 9 a.m. to 5 p.m., and Council meets on the first and third Tuesdays at 5:30 p.m.
Town of Paw Paw: a permit, with a $25 application fee, is needed for any outside construction or property addition, porches and decks included. Council considers permits at its first meeting after submission (the first Monday of each month, 6 p.m.), structures must sit 5 ft inside the property line, fences at least 1 ft, and the permit expires after 1 year. Floodplain applications are forwarded to the Morgan County Flood Plain Manager at 304-258-8540, ext. 1303. Town Hall is open Tuesday to Friday, 9 a.m. to 5 p.m.
Planning Commission meetings: held on the fourth Tuesday of most months in 2026, with advertising deadlines 3 to 4 weeks earlier for plats and commercial location permits.
Covenants: the county does not enforce subdivision covenants or deed restrictions, so an approved permit does not settle a private covenant question.
West Virginia building code
West Virginia lets each county and city adopt the State Building Code or no building code at all; no other building code may be adopted, and floodplain, sewage and fire rules can apply either way. West Virginia rules
Want this handled start to finish?
Get a free quote →Official Morgan County permitting resources
- West Virginia Flood Tool
- WV State Building Code statute
- Morgan County contacts directory
- Morgan County Planning Commission
- State Fire Marshal code and rules
- Improvement Location Permit requirements and fee schedule (Oct. 1, 2025)
- Improvement Location Permit application (2025)
- What is needed for commercial development
- Commercial ILP checklist
- Planning Commission 2026 meeting schedule
- Improvement Location Permit & Floodplain Ordinance
- Berkeley-Morgan Health Departments contact
- Town of Bath Ordinance 2012-03, building permits
- Town of Bath Code, Chapter 14 Buildings and Building Regulations
- Town of Bath Forms Hub (notice of building or real property improvement)
- Town of Paw Paw building permit form
Inspections are where schedules slip.
Get a free quote →Morgan County permit FAQs
Who issues building permits in Morgan County?
The Morgan County Planning Commission office issues Improvement Location Permits outside the towns. The Town of Bath and the Town of Paw Paw issue their own permits.
How much is a permit for a new house in Morgan County?
$0.20 per sq ft with a $100 base fee under the schedule effective October 1, 2025. Every permit costs at least $25.
Do I need a permit for a shed, deck or fence?
Yes. Outbuildings, garages, decks and porches are charged $0.10 per sq ft, and a fence is a $30 flat fee.
Does Morgan County inspect construction?
The county permit covers location, floodplain, well, septic and contractor licensing; its posted ordinances include no building code. The Town of Bath has adopted the State Building Code for work inside the town.
Can a homeowner do the work without a contractor?
Yes. An owner doing the work signs the Legislative Rules Form; otherwise a copy of the contractor’s WV licence is required.
How long is a Morgan County permit good for?
Work must begin within 6 months and be finished within 18 months unless the Floodplain Administrator grants a written extension.
What does a building permit cost in Bath?
$20 for the first $15,000 of estimated work plus $1 for each additional $1,000, under the Town’s Ordinance 2012-03.
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More West Virginia permitting guides
This guide is provided by Alliance Permitting for general information about Morgan County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.