The Big Question?

 

While the towns of Marlinton and Durbin are incorporated municipalities, Snowshoe is currently an unincorporated community. This fundamental difference in status means they operate under entirely different governance and funding structures.

Here is a breakdown of why Snowshoe likely cannot simply incorporate to avoid its current fees, how it differs from Marlinton and Durbin, and where those "resort fees" actually come from.

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1. The Core Difference: Unincorporated vs. Incorporated

The primary reason Snowshoe cannot currently function like Marlinton or Durbin is because it does not have the legal status of a town.

Feature	Snowshoe	Marlinton & Durbin
Legal Status	Unincorporated Community	Incorporated Municipalities (Towns)
Primary Authority	Pocahontas County & the Snowshoe Resort Community District (SRCD)	Elected Mayor and Town Council
Funding Mechanism	Specific Assessments, Levies, and "Resort Fees"	Municipal Property Taxes, Business & Occupation (B&O) Taxes, and Utility Fees
Primary Landowner	Snowshoe Mountain, Inc. (Alterra Mountain Company) owns the vast majority of the land and infrastructure.	Diverse private property ownership.

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2. Can Snowshoe Just "Incorporate"?

Hypothetically, yes, any area can attempt to incorporate as a new town in West Virginia. However, doing so to avoid existing fees is not practical for several reasons:

• West Virginia Legal Requirements: To incorporate as a new city or town, an area must meet strict statutory requirements regarding its population density and size. For areas larger than one square mile, there must be an average of not less than 500 inhabitants or freeholders per square mile. While Snowshoe has thousands of visitors and many seasonal homeowners, its permanent year-round resident population (which is usually the basis for the "inhabitant" requirement) is very low.

• The Problem of Services: A new town would be legally responsible for providing essential services that are currently handled by the resort, the county, or special districts. This includes police protection, street maintenance, snow removal, solid waste collection, and water/sewer services.

• Creating New Taxes: To pay for these municipal services, the new Town of Snowshoe would have to implement its own taxes (such as property tax and B&O tax) on the residents and businesses within its boundaries. You would not be "avoiding" fees; you would be exchanging one set of fees (resort assessments) for a new set of taxes (municipal).

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3. Understanding Snowshoe's Specific Fees (The SRCD)

The fees you are referencing are likely not standard "county fees" but are specific to Snowshoe’s structure as a destination resort within a Resort Area District.

Because Snowshoe is not a town, it required a unique mechanism to fund services that benefit all property owners (roads, security, fire protection, common area maintenance). In 2012, West Virginia passed legislation that allowed the creation of the Snowshoe Resort Community District (SRCD).

• It Is Not a Town: The SRCD is a special-purpose public corporation. It has its own elected Board of Directors (representing residential owners, commercial owners, and the resort operator), but it does not have the full governing power of a town.

• Assessments are Legal Obligations: The SRCD has the legal authority to impose assessments on all property owners within the district boundaries to cover the cost of these essential services. These assessments are mandatory and are tied to property ownership, similar to municipal taxes.

• Resort Operator Fees: In addition to SRCD assessments, there may be specific fees charged directly by the resort operator (Snowshoe Mountain, Inc.) for access to certain amenities, such as the village shuttle, fitness center, or specific events. These are private contractual fees.

Conclusion

Snowshoe cannot incorporate to avoid its current fee increase structure. To do so would require meeting difficult legal population requirements and would simply substitute the current assessments with a new set of municipal taxes to pay for the services the resort and the special district currently provide.