- Home occupation permit required:
- Yes
- Details:
- City of Morgantown requires a Home Occupation permit (Class 1 or Class 2) from the Planning Department plus a business license from the Finance Department. Class 1 (no on-site customer contact) is administratively approved. Class 2 (limited customer visits) requires Board of Zoning Appeals conditional use approval. Home occupations must be entirely within the principal building, not change residential character, have no exterior signs, and not employ non-residents except as otherwise provided by zoning. Retail sales shall not occur on a regular basis (Class 2 limits to 3 customers per day). Cottage food producers selling online with no customer pickups qualify as Class 1. Those with on-site pickup may need Class 2 approval.
- Home kitchen:
- West Virginia's 2026 SB 44 (eff. June 12, 2026) distinguishes: (1) nonpotentially hazardous foods — fully exempt from licensing, permitting, and inspection; (2) potentially hazardous cottage foods — require a WV Department of Agriculture permit but no food establishment permit for home sales. No sales cap. Sales must be within West Virginia. Meat, poultry, seafood, Grade A dairy excluded from cottage food definition.
Last verified 2026-05-05. Not legal advice.
