Construction Zoning, Planning & Land Use

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Five Things Multifamily Developers Should Know About Chicago's Revised Affordable Requirements Ordinance

The calculus has shifted for multifamily developers in Chicago who need zoning changes to accomplish development projects. Recent amendments to Chicago’s Affordable Requirements Ordinance (ARO) — Chicago Municipal Code...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

California Supreme Court Shifts Gears on “Reverse CEQA”

The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”)....more

New regulations will oblige owners of buildings in Scotland to improve or report on energy efficiency of buildings

Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be made for: (1) the assessment of the energy performance of existing non-domestic buildings and greenhouse gas emissions from such buildings;...more

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity...more

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,...more

Moratoriums Do Not Prohibit Billboard Relocations

Because billboards are typically near public transit, they are routinely impacted by public projects such as street widenings, highway and freeway expansions, and grade separation projects. When impacted, billboard companies...more

A Good Reminder: State and Federal Wildlife Laws Have Severe Penalties for Harm to Endangered Species

Welcome to the New Year! I have decided to declare 2016 to be the year of the endangered species. Why? We ended 2015 with a bang by seeing how serious the take prohibition in the California Fish and Game Code can be for fully...more

UK Planning Legal Update 2016: What’s the Plan?

There is a huge momentum behind planning and housing reform as the UK government tries to tackle a chronic shortage of housing across the country. The Housing and Planning Bill, the Government’s flagship delivery legislation,...more

Construction Industry Trends to Watch in 2016

We all love new year’s predictions (at least I do). This past week, Construction Drive issued its 10 Construction Industry Trends to Watch in 2016. Some are not terribly surprising, while others might surprise you:...more

Last Call To Extend Permits And Development Orders -- Deadline Is January 25, 2016

There is limited time remaining to claim the extension referenced below under the state wide Emergency Order issued by Governor Scott. The opportunity to claim the extension will end on January 25, 2016. Should you have a...more

Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally...

In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require...more

Congress Enacts Federal Permitting Improvements to Speed Infrastructure Projects

Congress enacted the Surface Transportation Reauthorization and Reform Act of 2015, also known as the Fixing America’s Surface Transportation Act (the FAST Act) on December 4, 2015. A part of the FAST Act, Title XLI—Federal...more

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

Mayor Walsh Updates Boston's Affordable Housing Policy

We previously advised that the Walsh administration’s housing plan included an initiative to change Boston’s Inclusionary Development Policy (IDP). In December of 2015, after nearly a year of study and outreach, Mayor Walsh...more

What Two Recent California Supreme Court Rulings Mean for Analysis of Environmental Impact at Project Sites and Greenhouse Gas...

The California Supreme Court recently issued two important decisions involving the interpretation of the California Environmental Quality Act (CEQA). The first finds that agencies generally are not required to evaluate the...more

Supreme Engagement: CEQA’s Continuing Saga In California’s High Court

A new year often brings fresh perspective. With 2016 still in its infancy, it is natural to reflect back on what has been and also to contemplate what is yet to come. The California Supreme Court’s recent CEQA decisions, and...more

New Right-of-Way Regulations on Indian Lands

Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was...more

Top Ten Stories in California Construction for 2015

Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more

Construction Continues To Improve, But Are We In A Boom?

Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more

The Historic Drought Has Killed Your Lawn, Will It Do The Same To The Construction Industry?

After three years of a historic drought, Californians are now subject to mandatory water rationing, bans on washing cars, and water “only on request” at restaurants. In 2015, California saw a number of new laws, regulations...more

Affordable Housing: An Unsolvable Riddle in California?

Californians have had no concrete relief in the cost of housing throughout 2015. The state’s Legislative Analyst reported in March that the average California home costs $440,000, which was about two-and-a-half times greater...more

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former...more

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