Zoning, Planning & Land Use › Residential Real Estate › Administrative Law

Massachusetts Smart Growth Zoning Reform Bill On Fast Track to Passage?

58 Legislators Pushing Comprehensive Zoning Reform Bill “Inclusionary Zoning” Provision May Expand Controversial 40B Law With “Smart Growth” advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a...more

Warrantless Inspections are Not Warranted under the Freshwater Wetlands Protection Act

The New Jersey Supreme Court recently held that the New Jersey Department of Environmental Protection (NJDEP) may not conduct a warrantless administrative inspection of a residential property subject to a Freshwater Wetlands...more

Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals

The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "action...more

The ASTM Standard Practice for Phase II Environmental Site Assessments

Originally published in the Environment Reporter, 43 ER 3080, 11/30/2012. Phase II Site Assessments - This article reviews the background of the revised Phase II Environmental Site Assessment Standard issued in...more

Supreme Court Case Involving CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions Now Fully Briefed by Parties;...

The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more

U.S. Supreme Court Oral Arguments Set In Koontz v St John's River Water Management District for January 15, 2013

One month from now, the United States Supreme Court will hear oral argument in Case No. 11-1447, styled Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management District, Respondent (read the docket here). We've...more

City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies

Recently, the Fourth District Court of Appeal in Friends of Aviara v. City of Carlsbad affirmed the trial court’s judgment directing the City of Carlsbad to adopt a timeline for proposed changes to its general plan that would...more

California Foreclosure Update: New registration requirements for foreclosed properties may lead to penalties, fines for lenders

Originally published in Western Real Estate Business, October 2012. The economic downturn has resulted in a record number of foreclosures in California. Many property owners have simply abandoned these foreclosed...more

Resilient Masonry Buildings — Saving Lives, Livelihoods and the Livability of Oregon’s Historic Downtowns

Originally published in the Historic Preservation League of Oregon (“HPLO”) Special Report on October 25, 2012. The Purpose of the Preservation Roundtable; Why This Matters; Executive Summary; Background & Definition of...more

Local Government Economic Development Property Tax Exemptions

Over the last several years, county and city governments have looked anew at a more than 30-year-old provision in the Florida Constitution that permits using property tax exemptions as economic development tools. The Florida...more

How Much Uncertainty Does CEQA Allow? Court Upholds EIR's Practical Approach for Evaluating Uncertain Cumulative Impacts, but...

In Preserve Wild Santee v. City of Santee, the court immersed itself in an EIR’s evaluation of the impacts of a large residential project proposing 1,395 homes and 1,400 acres of open space preserve. The court upheld the...more

What you need to know today about Municipal Improvement Districts (Presentation)

In This Presentation: Municipal Improvements Act; The Governing Body and MID; Authorized Improvements; Common Questions; Criteria for the MID; Common Questions; and Boundary Issues. Excerpt from Municipal...more

Summary of HUD’s LEAN 232 Program E-mail Blast: Office of Residential Care Facilities (ORCF), August 29, 2012

In an effort to summarize the highlights of the LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our...more

Are Courts Actively Limiting CEQA’s Scope In The Absence of Meaningful Legislative Reform?

Governor Jerry Brown was recently quoted in a Capitol Alert piece as calling legislative reform of CEQA “the Lord’s work” – hopefully he didn’t mean the quest for the Holy Grail – although he admitted in the same article he...more

The New Code: Big Changes for Zoning in Philadelphia (part 5)

Previously, in our Five-Part Series on Philadelphia's New Zoning Code, we provided an Overview, explored changes in Community Involvement and Civic Design Review, outlined new Base Zoning Districts and Overlay Districts, and...more

Does CEQA Provide For Classes of Exempt Projects? Parties File Opening Merits Brief in Supreme Court in Berkeley Hillside...

Following up on previous posts (see February and May archives), the City of Berkeley Respondents and the Kapors (Real Parties in Interest) filed their joint 80-page opening brief on the merits on July 27 in Berkeley Hillside...more

Developing Affordable Housing on Brownfields – A Natural Connection by Jason Lichtstein

Originally published in The Florida Housing Coalition - Volume 28, No. 2. Affordable housing developers naturally understand the value of urban infill sites to their projects, given their central location and proximity...more

Annual City Apartment Inspections And Inspection Fees Are Upheld

Residential landlords can be required to submit their rental properties for annual city inspections, and can be required to pay a city inspection fee, under a recent court of appeal ruling. (Griffith v. City of Santa Cruz...more

The New Code: Big Changes for Zoning in Philadelphia (Part 2)

Part Two: Community Involvement and Civic Design Review In Part One of this Five-Part Series, we provided an overview of Philadelphia's New Zoning Code, which will take effect – ready or not – on August 22, 2012. With...more

Pa. Legislature Extends Permit Extension Act Another Three Years

The Pennsylvania Legislature recently enacted a key amendment to the Permit Extension Act of 2010 that will extend the life of certain development-related permits and approvals to July 2016....more

Ten (10) Things To Know About Land Planning in the State of Florida

For those interested in developing land in Florida or otherwise investing in Florida real estate, it's important to know that the State of Florida is in the process of changing and reforming how land planning, land...more

Lenders Subject to Administrative Enforcement of New Requirements for Unoccupied Mortgaged Real Estate in Cook County

Cook County, Illinois, which encompasses Chicago and dozens of surrounding suburbs, enacted an ordinance on December 14, 2011, requiring that within 30 days after a residence becomes vacant or 60 days after a default,...more

Ordinance Allowing Sequential Lot Line Adjustments Is Not Preempted By The Map Act

A court of appeal recently held a county ordinance that allows sequential lot line adjustments is consistent with exclusion of lot line adjustments from the requirements of the Subdivision Map Act (“Map Act”). The court also...more

Actuaciones de dotación en la Comunidad de Madrid

En el presente estudio, se analiza (i) el régimen de las actuaciones de dotación previstas en el Real Decreto Legislativo 2/2008, de 20 de junio, por el que se aprueba el Texto Refundido de la Ley de Suelo; y...more

Projects Affecting Wetlands: Coming Into Force Of Measures On Compensation

June 2012 — On May 22, 2012, Bill 71 – An Act respecting compensation measures for the carrying out of projects affecting wetlands or bodies of water (the “Act”) was passed. The Act came into force on May 23, 2012, almost a...more