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Construction Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Cleaning Up After The Storms

Building and Development Permits - While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida’s counties. Due to...more

FDEP Issues Order to Restore Structural Damage Post Hurricane

by Bilzin Sumberg on

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated...more

Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems)...

by Farrell Fritz, P.C. on

As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar...more

Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP,...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. Derrick Carson, Partner in Locke Lord's Houston office, joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast...more

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Virginia’s Tourism Development Financing Program Gains Steam Around the State

by Williams Mullen on

The unique financing alternative afforded to tourism project developers under Virginia Code Section 58.1-3851.1 creates exciting opportunities for growth in tourism and resort areas throughout the state. The expected...more

Richmond’s Master Plan Update: A Rare Opportunity for the Real Estate Development Industry

by Williams Mullen on

On July 18, 2017, the City of Richmond formally initiated an update to the City-wide Master Plan, which it named “Richmond 300: A Guide for Growth”. Intended as a roadmap for the City’s development over the next 25 years, the...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Interior Department Issues NEPA Streamlining Directive

by WilmerHale on

Last week, the Deputy Secretary of Interior, David Bernhardt, issued a memo directing the Department's bureaus to streamline environmental impact statements (EISs) prepared pursuant to the National Environmental Policy Act...more

Further Opportunity to Extend Development Orders and Building Permits

by Bilzin Sumberg on

On August 4, 2017, Governor Scott extended the previously declared State of Emergency issued for the Zika Virus for the seventh time, affording holders of permits and development orders an expanded opportunity to toll the...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

California Supreme Court Strengthens Development Permit Protections

by Best Best & Krieger LLP on

Municipalities will have greater protection against land-use litigation after the California Supreme Court’s unanimous ruling last month that property owners who proceed with permitted development projects will forfeit the...more

Issues, challenges and opportunities in the real estate and housing sector in Côte d’Ivoire

by Dentons on

For many years, population growth, combined with sustained urbanisation, has created enormous needs in all sectors, including the housing sector, in Côte d'Ivoire....more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

What’s Next for the Winthrop Square Development Project?

On July 28, 2017 Governor Baker approved a home rule petition proposed by Mayor Walsh which changed a Massachusetts law so that a skyscraper could be built over the Winthrop Square garage in Boston, Massachusetts. Obtaining...more

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

by Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

This past week, a couple of new developments took place at the federal level on infrastructure, although if you blinked, you may have missed it....more

Florida Governor Extends Deadlines for Development Permits Due to Zika Virus

by Holland & Knight LLP on

An extended opportunity to obtain substantial permit and development order extensions is available as a result of Emergency Orders issued by Florida Gov. Rick Scott because of the Zika virus. To date, holders of certain...more

Florida Development Permits Eligible for Extension Due to Tropical Storm Emily

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Tropical Storm Emily. Holders of certain development orders can request an additional six months to...more

Developers and businesses take note: as the feds roll back wetland regulation, California is stepping in

by DLA Piper on

Land developers, commercial property owners and industrial entities should closely watch the major shifts in the ways significant wetland habitats are regulated, as the Trump Administration strips away relevant federal...more

Trump Signs Executive Order to Streamline Environmental Review and Permitting Process for Infrastructure

by Ballard Spahr LLP on

On August 15, President Donald J. Trump signed a second executive order "streamlining" the federal environmental permitting process with a goal of making construction of transportation, water, and other infrastructure...more

New Requirements for Planned Developments in Chicago

by Foley & Lardner LLP on

Yesterday, Mayor Rahm Emanuel issued an executive order requiring all applicants seeking Planned Development (PD) approval to report intended and actual employment of Minority and Women-Owned Business Enterprises (M/WBEs) as...more

Breaking news in NSW planning law - Greater Sydney and Wollongong Councillors to be excluded from all development decisions, and...

by Dentons on

The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 (NSW) (the Local Planning Panel Act) and the Environmental Planning and Assessment Amendment (Staged...more

Arrested Development? After year of defeating development, could LI be the ‘Land of No’ no longer?

by Farrell Fritz, P.C. on

This Long Island Business News Article quotes Farrel Fritz' Attorney Anthony Guardino. Long Island has long been a tapestry of small towns from Manhasset to Montauk, with local regulations that seem designed to help keep...more

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