Bath County

The Bath County Department of Community Development is the sole permitting authority for building permits, zoning permits, and Special Use Permits throughout Bath County. Bath County has no incorporated towns or cities — every parcel is unincorporated and subject solely to county jurisdiction. Bath County comprises approximately 540 square miles of mountainous and forested terrain in western Virginia, dominated by the George Washington & Jefferson National Forest (which occupies the majority of the county's land area) and bounded on the west by West Virginia. Notable features include Lake Moomaw (Gathright Dam reservoir on the Jackson River), Douthat State Park, and the famous mineral springs of Hot Springs and Warm Springs. The Omni Homestead Resort in Hot Springs is the county's largest employer and a defining feature of the local economy. For an ADU-style project, the typical sequence is: (a) zoning determination from the Department of Community Development; (b) if a Special Use Permit is required, application to Planning Commission and Board of Supervisors; (c) building permit application to the county building official under the Virginia Uniform Statewide Building Code; (d) inspections through construction; (e) certificate of occupancy. Essentially all parcels are not served by public utilities and require well and septic approval through the Virginia Department of Health (Alleghany Health District serves Bath County).

Process overview: Bath County's ADU-style permitting process varies by project pathway: (1) Family/kinship dwelling — if the second dwelling is occupied by a family member of the primary-dwelling occupant, the zoning administrator may issue an administrative zoning approval, followed by a standard building permit; this is the fastest path when eligible, typically 4-8 weeks end-to-end. (2) Special Use Permit for a rental or non-kin second dwelling — the applicant submits a completed SUP application with site plan, statement of use, and the required filing fee. Staff conducts a zoning analysis and prepares a staff report. The Planning Commission holds a public hearing (advertised per Va. Code § 15.2-2204) and makes a recommendation. The Board of Supervisors then holds its own public hearing and votes. The entire SUP process typically takes 60-120 days from complete submission to Board decision, possibly longer in Bath given the smaller meeting cadence. (3) Minor subdivision — if the applicant prefers to create a separate buildable lot, the subdivision ordinance applies. Building permits for a second dwelling require compliance with the Virginia Uniform Statewide Building Code (USBC). Well and septic approval is administered by the Virginia Department of Health (Alleghany Health District) and is required before a building permit can be issued for a dwelling not connected to public water/sewer. The Hot Springs / Warm Springs area has limited public water and sewer infrastructure tied to the resort and to the county courthouse complex, but most of the county relies entirely on wells and septic.

Impact fees: Virginia localities generally do not levy impact fees of the type used in California or Florida; Virginia Code does not broadly authorize impact fees for counties outside certain narrowly enumerated categories (road impact fees under Va. Code § 15.2-2317 et seq. are available only to counties meeting specific growth-rate and density criteria, and Bath County does not appear on the list of eligible road-impact-fee counties as of 2026-04-27). Cash proffers tied to rezoning applications are constrained by Va. Code § 15.2-2303.4 (2016). For an ADU built on an existing parcel without rezoning, the applicant pays building-permit fees (set by the county by ordinance and keyed to project valuation), any SUP application fee if applicable, and state and local permit surcharges. Fees are generally lower than in larger Virginia counties, reflecting the smaller staff and simpler permit infrastructure. (schedule)

Bath County real property is assessed under the supervision of the Bath County Commissioner of the Revenue, with periodic general reassessments conducted by county staff or by a contracted mass-appraisal firm. Tax administration is handled by the Commissioner of the Revenue's office; collection is handled by the Bath County Treasurer. Virginia law requires general reassessment of real property at least once every four years for most counties (Va. Code § 58.1-3252). Virginia uses a fair-market-value assessment system. When an ADU is added to an existing parcel, the new structure is added to the assessment roll at its contributory fair market value as a supplemental assessment. A unique consideration in Bath County is the very low overall property-tax rate historically maintained by the Board of Supervisors, supported substantially by the assessed-value contribution of Dominion Energy's Bath County Pumped Storage Station — the largest pumped-storage hydroelectric facility in the United States, which constitutes a substantial fraction of the county's total assessed-value base and underwrites the county's ability to keep local rates very low.

Assessment policy: Virginia is a fair-market-value assessment state; a new ADU is added to the assessment roll at its contributory fair market value as a supplemental assessment effective from completion (building permit final inspection) through the balance of the tax year. The primary dwelling's prior assessed value is not automatically reset by the addition of the ADU, but the parcel's total assessed value increases by the ADU's value. At the next general reassessment, both structures are re-valued at current fair market value. Bath County has historically maintained one of Virginia's lowest real-estate tax rates in dollars-per-$100 of assessed value, supported by the substantial assessed-value contribution of the Bath County Pumped Storage Station. Owners should confirm the current year's rate from the county's adopted budget.

Bath County administers or is subject to several overlay regimes that materially affect ADU siting on parcels: (1) George Washington & Jefferson National Forest dominance — the National Forest occupies the substantial majority of Bath County's land area, with private parcels concentrated along the Jackson River corridor (Hot Springs, Warm Springs, Bacova) and in the southeastern Cowpasture River valley; (2) Lake Moomaw (Gathright Dam reservoir) — a federal water-resources project on the Jackson River administered by the U.S. Army Corps of Engineers (Norfolk District) with adjacent recreation lands managed in cooperation with the U.S. Forest Service; lake-frontage parcels and areas within the federal flowage easement face significant siting constraints; (3) FEMA Special Flood Hazard Areas along the Jackson River, the Cowpasture River, and various tributaries; (4) Karst topography — Bath County lies in the Valley and Ridge physiographic province with extensive limestone bedrock, sinkholes, springs, and caves (the warm and hot springs of Hot Springs and Warm Springs are themselves karst-influenced); (5) Steep-slope considerations — much of the county is mountainous (elevations from approximately 1,500 feet at river bottoms to over 4,400 feet on Warm Springs Mountain); (6) Bath County Pumped Storage Station — the Dominion Energy facility has a defined project area under FERC license that affects adjacent siting; (7) Resort-area considerations — The Omni Homestead Resort and surrounding development have specific zoning treatment given the resort's historic and economic significance; (8) Chesapeake Bay Preservation Act applicability — Bath County is NOT in the Tidewater area covered by the Chesapeake Bay Preservation Act, so RPAs and RMAs do not apply.

• George Washington & Jefferson National Forest dominance — Approximately 60-70% of Bath County's land area is federal land managed by the U.S. Forest Service as part of the George Washington & Jefferson National Forest, including significant portions of the Warm Springs and James River Ranger Districts. Private parcels in Bath are concentrated along the Jackson River corridor (Hot Springs, Warm Springs, Bacova, Healing Springs) and the Cowpasture River valley. Many private parcels are inholdings (surrounded by federal land) or directly adjacent to federal boundaries, which constrains ADU projects in several ways: access easements may be required across federal land; scenic-corridor considerations apply along forest-edge highways; and certain federal-cooperation policies inform county zoning decisions on adjacent private land. Owners of parcels adjacent to or surrounded by National Forest land should consult both Bath County Community Development and the relevant U.S. Forest Service ranger district office at the earliest planning stage.
• Lake Moomaw / Gathright Dam — federal water-resources project — Lake Moomaw, impounded by Gathright Dam on the Jackson River, sits primarily in Bath County (with a portion in adjacent Alleghany County). The U.S. Army Corps of Engineers controls the dam and flowage rights; surrounding lands are managed by the U.S. Forest Service for recreation. Lake-frontage private parcels are limited because the federal recreation-area boundary captures most of the shoreline; private lake-frontage parcels are subject to flowage easements that may restrict structures within the easement boundary. ADU projects on or near Lake Moomaw frontage should include early consultation with the U.S. Army Corps of Engineers and the U.S. Forest Service in addition to Bath County Community Development.
• FEMA National Flood Insurance Program — Special Flood Hazard Areas — Bath County participates in the National Flood Insurance Program and administers a county floodplain ordinance satisfying the NFIP minimum standards. Principal Special Flood Hazard Area (SFHA) extents in the county are along the Jackson River (especially below Gathright Dam where flow regime is regulated), the Cowpasture River, and various tributary streams. An ADU in an SFHA must comply with NFIP elevation requirements and post-construction Elevation Certificate filing. Owners should confirm current-effective FIRM panel before design.
• Karst topography and thermal springs hydrology — Bath County lies in the Valley and Ridge physiographic province with extensive limestone bedrock and karst features. The famous warm and hot springs of Warm Springs and Hot Springs are thermal mineral springs whose hydrology connects to deep karst flow systems. Septic siting in karst areas, and especially anywhere that could connect hydrologically to thermal-spring source areas, requires rigorous evaluation by the Virginia Department of Health (Alleghany Health District). Special setbacks and engineered systems may be required. Wells in karst areas are also vulnerable to rapid contamination from surface sources.
• Bath County Pumped Storage Station — FERC project area — Dominion Energy Virginia's Bath County Pumped Storage Station — the largest pumped-storage hydroelectric facility in the world by generating capacity (approximately 3,000 MW) — operates under a FERC license that defines a project boundary in the northwestern part of Bath County. The upper and lower reservoirs and associated lands are within the federal license boundary. Private parcels adjacent to the project area face access and scenic-impact considerations. The pumped-storage facility's substantial assessed value also underwrites Bath County's exceptionally low real-estate tax rate.
• Resort-area zoning around The Omni Homestead — The Omni Homestead Resort in Hot Springs (a historic resort property dating to 1766, currently owned by Omni Hotels & Resorts) is the largest single landholder in the developed portion of the county and a defining economic feature. Bath County's zoning ordinance includes provisions that recognize the resort and adjacent service-and-residential development. ADU projects in the immediate Hot Springs area should be evaluated under the resort-district overlay (if applicable) in addition to base zoning.
• Virginia Department of Forestry wildfire risk — Bath County's mountainous, heavily forested terrain — particularly inholding parcels adjacent to the National Forest — has elevated wildfire exposure. Virginia does not have a California-style WUI overlay; the Virginia Department of Forestry promotes defensible-space practices on an advisory basis.