Bacova

Bath County, a sparsely populated mountain county in western Virginia along the West Virginia border, regulates accessory dwelling units through its County Code zoning ordinance, administered by the Bath County Department of Community Development under the authority of the Bath County Board of Supervisors. Virginia is a Dillon Rule state and the General Assembly has not enacted any statewide ADU preemption; Bath County's authority to regulate or prohibit ADUs derives solely from the general zoning enabling statute at Va. Code § 15.2-2280 and the ordinance-content provisions of § 15.2-2286. Bath County is one of Virginia's least-populated counties (2020 Census population approximately 4,200, the second-lowest county population in the Commonwealth) and has a correspondingly limited and broadly-drawn zoning ordinance reflecting its rural-resort and agricultural character. Notably, Bath County historically operated for many decades without comprehensive countywide zoning, adopting limited zoning provisions only relatively recently in the county's history; the current ordinance is less prescriptive than ordinances in larger Virginia counties. The county zoning ordinance establishes a small number of use districts (Agricultural, Residential, Commercial, Resort, Conservation, and overlay districts), with much of the county classified Agricultural or Conservation. A second dwelling on a single residential parcel may be pursued through (a) family/kinship-dwelling provisions where the second dwelling is occupied by a family member, (b) a discretionary Special Use Permit approved by the Board of Supervisors following Planning Commission recommendation, or (c) minor subdivision creating a separate buildable lot. The county does not have a standalone ministerial ADU ordinance. The Town of Hot Springs (home to The Omni Homestead Resort) and Warm Springs (the county seat) are unincorporated communities; Bath County has no incorporated towns or cities.

• Bath County Code — Zoning Ordinance
• Bath County Department of Community Development — Planning, Zoning, and Building Inspections
• Bath County Board of Supervisors — adopting body for zoning ordinance amendments and Special Use Permits
• Bath County Planning Commission

State-floor overlay: Virginia has not enacted any statewide ADU preemption statute. Virginia is a Dillon Rule state (see Commonwealth v. County Bd. of Arlington County, 217 Va. 558 (1977)); localities have only those powers expressly granted by the General Assembly. The general zoning enabling statute at Va. Code § 15.2-2280 grants counties, cities, and towns broad authority to regulate land use, and § 15.2-2286 enumerates the specific ordinance provisions that may be included. Neither statute, nor any section of Title 15.2 Chapter 22 Article 7, mandates that a locality permit ADUs, requires ministerial review of ADU applications, caps parking requirements, caps fees, or voids owner-occupancy requirements. Bath County is therefore free to permit, restrict, or prohibit second dwellings under its zoning ordinance within the ordinary constitutional limits on land-use regulation.

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.

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).