Zoning, Planning & Land Use

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 24, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

Commercial and Residential Developers, Builders and Landlords Face New Storm Water Regulations

by Kathryn Horning | Allen Matkins Leck Gamble Mallory & Natsis... on 5/22/2013

On May 8, 2013, the San Diego Regional Water Quality Control Board approved a new municipal separate storm sewer system (MS4) permit that will have far-reaching impacts on both new development projects and existing facilities...more

Towards Not Reinventing The CEQA Wheel: Resources Agency Adopts New CEQA Guidelines For Streamlined Review of Urban Infill...

by Arthur F. Coon, Matthew Henderson | Miller Starr Regalia on 5/9/2013

Repetitive CEQA review and analysis is expensive, unnecessary, unproductive, and inimical to the goals of certainty and finality in the environmental review process. In 2011, to address these concerns in the infill...more

New Laws in Virginia For The Construction and Development Industries

by Chandra Lantz on 5/9/2013

Virginia has several new laws coming on-line beginning July 1, 2013 that will impact the construction and development industries. Tighter restrictions on mechanic's liens, new eminent domain payment standards, transportation...more

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

by Barbara Casey, Ronald Varnum, Harry Weiss | Ballard Spahr LLP on 5/7/2013

The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by...more

Rogers Towers: City Approves Partial Mobility Fee Waiver

by Wyman Duggan | Rogers Towers on 5/3/2013

The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development)...more

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

by Kimberly Barnashuk, Adam Walters | Phillips Lytle LLP on 4/26/2013

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

Christie Administration Issues Emergency Rule to Expedite Recovery and Rebuilding

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 4/19/2013

Emergency Rule Revisions Cut Red Tape and Streamline State Permits for Vital Rebuilding Projects. - On April 19, 2013, DEP issued emergency rules intended to expedite the process of repairing and rebuilding in the wake...more

Community Infrastructure Levy: More Changes Proposed

by Sebastian A. Charles, Rebecca Daniels | K&L Gates LLP on 4/18/2013

The Government is consulting on further changes to the CIL (Community Infrastructure Levy) regime. CIL allows local authorities to raise funds from developers undertaking new building projects in their area. The funds are put...more

Federal Aviation Administration To Propose Height Regulations

by Javier Avino | Bilzin Sumberg Baena Price & Axelrod LLP on 4/12/2013

As development in Miami’s core returns, many developers are concerned with what appears to be a review by the Federal Aviation Administration (FAA) height regulations, which could impose restrictions to the maximum allowable...more

Changes in TPDES General Construction Permit Require Endangered Species Act Consideration

by Alan Glen, Brooke Wahlberg | Sedgwick LLP on 4/9/2013

On February 19, 2013, the Texas Commission on Environmental Quality (TCEQ) issued a revised Texas Pollution Discharge Elimination System (TPDES) Construction General Permit TXR150000 (Permit). This new Permit, effective...more

Swimming Pool Violations Resulting In Big Fines For Hotels

by Thomas Posey, Jennifer Smith | Franczek Radelet P.C. on 4/8/2013

The Illinois Swimming Facility Code and accompanying regulations contain requirements on virtually every aspect of swimming pool operation and maintenance. The Illinois Department of Public Health (IDPH) enforces these...more

Court Addresses California's Changed Eminent Domain Prejudgment Possession Rules

by Rick Rayl | Nossaman LLP on 4/4/2013

Following the 2005 Kelo decision, California enacted a number of modest eminent domain reforms. For eminent domain attorneys, the most significant changes arguably came in the procedures for obtaining prejudgment possession....more

North Carolina Legislature Uncovers "Hidden Liens"

by Saxby Chaplin | Womble Carlyle Sandridge & Rice, PLLC on 3/15/2013

Executive Summary: North Carolina implements “lien agent” law for construction projects. The North Carolina General Assembly recently enacted significant changes to North Carolina's mechanics lien laws. These changes...more

Proposed Update To Arlington County’s Noise Control Ordinance

by Lauren K. Keenan | Bean, Kinney & Korman, PC on 3/4/2013

The Arlington County Board is planning to hold a public hearing to discuss the proposed changes to the Noise Control Ordinance. According to the Arlington County website, the meeting is expected to take place sometime in the...more

What Does Sandy Foretell for New Jersey’s Coastal Regions?

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 2/19/2013

I found this column by Paul Mulshine in The Star Ledger interesting. "It’s no day at the beach for the enviro-puritans" - Putting politics aside, what does Sandy foretell for New Jersey’s coastal regions? Does it...more

CEQA Update: Some Good News for Developers

by Hopkins & Carley on 2/18/2013

As compliance with the California Environmental Quality Act (“CEQA”) has grown increasingly more burdensome, costly and litigious over the past decade or so, 2012 brought some tangible good news. ...more

BPU Continues to Evaluate Incentive Programs for Solar Projects on Landfills and Brownfields

by Hesser McBride | Wilentz, Goldman & Spitzer P.A. on 2/14/2013

On July 23, 2012, L. 2012, c. 24 (the “Solar Act”) was signed into law by Governor Christie. The Solar Act, among other things, requires the New Jersey Board of Utilities (“BPU”) in consultation with the New Jersey...more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Real Estate Alert - New Jersey Enacts New Rebuilding Rules In Response To Superstorm Sandy

by Thomas Letizia | Pepper Hamilton LLP on 2/5/2013

The impact of Superstorm Sandy on New Jersey was enormous: nearly 346,000 housing units either destroyed or damaged and 190,000 businesses affected. Sandy demonstrated just how vulnerable to damage much of the low-lying areas...more

NJDEP Posts Frequently Asked Questions Concerning The New Post-Sandy Flood Elevation Standards

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 2/5/2013

The New Jersey Department of Environmental Protection has released a set of FAQs to help answer some of the most common questions regarding the standards of elevating houses and buildings Post-Sandy, and will help you...more

Proposed Construction and Development Legislation Making Its Way Through The Virginia General Assembly

by Chandra Lantz on 2/4/2013

Check out those pieces of new legislation that could impact the development and construction industries and which have made it past at least one significant hurdle in this session of the Virginia General Assembly....more

Governor Christie Signs Emergency Regulations To Adopt FEMA’s ABFEs Maps

by Jeffrey Cappola | Wilentz, Goldman & Spitzer P.A. on 1/25/2013

Yesterday (January 24), Governor Christie announced he was signing emergency regulations to adopt FEMA’s new Advisory Base Flood Elevation (ABFE) maps as the post-Sandy rebuilding standard...more

Proposed Legislation in Virginia General Assembly That Could Impact Construction and Development Industries

by Chandra Lantz on 1/22/2013

Several new bills and proposed revisions to existing law are before the Virginia General Assembly in this Session that could impact the construciton and real estate development industries in Virginia. ...more

BuildSouth: Considering Construction Delivery Methods On Public Works

by Nancy Carey | Burr & Forman on 1/17/2013

Originally Published In BUILDSouth, Winter 2013. Historically, in Alabama, the project delivery methods available for owners to de-sign and construct private projects have differed from those delivery methods available...more

Long Branch Advances New Flood Plan

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 1/14/2013

The issuance of FEMA‘s advisory maps are already having a profound impact on development and redevelopment in the wake of Hurricane Sandy. As Long Branch moves to adopt FEMA‘s new advisory maps, other municipalities and...more

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