Building Permits

News & Analysis as of

Homeowners “Bluffed” Out Of Challenge To Coastal Permit To Rebuild Private Access Stairs

Barbara Lynch et al. v. California Coastal Commission (9/9/14, D064120) - The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development...more

Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida...more

Additional Environmental and Host Municipality Guidance on the New York RFA Process

Revised guidance on the SEQRA process - 24-month time limit to begin upon conclusion of SEQRA review. SEQRA, or the State Environmental Quality Review Act, is a New York law mandating that projects receiving...more

Recent Projects Indicate Oppertunities for Redevelopment of Brownfields

Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. ...more

2-year extensions of development orders and building permits - File before December 31, 2014 in order to receive a 2-year...

Bilzin Sumberg's Government Relations & Land Development Group is keeping its finger on the pulse of recent legislation that may affect you. If you have a current permit or development order which is scheduled to expire...more

Special Committee Convened to Develop MEPA Climate Change Adaptation Policy

The Massachusetts Executive Office of Energy and Environmental Affairs (“EEA”) has convened an Adaptation Advisory Committee to advise the EEA on incorporating the potential impacts of climate change into environmental impact...more

Permitted Development Rights in the UK?Change of Use from Office to Residential?the next chapter

Some recent changes have been made to the prior approval procedures for these permitted development rights, introduced by Eric Pickles in May last year, to permit the change of use of a building from Class B1(a) office to...more

City Not Liable For Mayor's Alleged Improper Conduct

Gong v. City of Rosemead (May 20, 2014, B247601) -- Cal.App.4th --, a Court of Appeal declined to hold the City of Rosemead ("City") liable for the alleged tortious conduct of former mayor and City Council member John Tran...more

CT Law of the Land

AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

Filing For Building Permits By April 21 In Miami-Dade County Can Save Developers Up To 23% In Increased Fees

The Miami-Dade County roadway impact fees are slated to increase by approximately 23% on April 22, 2014. Developers should be aware of these increases in impact fees, as substantial cost savings can be achieved through...more

Philadelphia Enacts New Laws Tightening Building and Demolition Regulations

In June 2013, a Philadelphia building undergoing demolition collapsed onto a neighboring building, killing six people and injuring 14. Philadelphia’s construction and demolition regulations were closely scrutinized in the...more

Overreaching to Apply CEQA; Second District Strikes Down LA’s Attempted Mid-Game Rule Change in Tower Lane Properties

Sometimes in the land use world, municipal planners and other regulators need to be reminded of the simple things. For example, a fundamental precept of due process is that the rules cannot be changed in the middle of the...more

New California Court of Appeal Opinion Holds That Supreme Court's Seminal Nollan and Dolan Opinions do Not Apply Where a Permit...

The well-known "nexus" and "rough proportionality" tests from the United States Supreme Court's opinions in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994) do not...more

Weekly Law Resume - January 2014: Conduct As Interference With Easement

Flora Dolnikov v. Dikran Ekizian - Court Of Appeal, Second District (December 19, 2013) - This case dealt with an easement for ingress and egress to undeveloped lots in the Hollywood Hills. In 1942, defendants’...more

Requirement That Landowners Give Aircraft Overflight Easement Before Obtaining Building Permit Did Not Constitute a Taking of...

Landowners assert a requirement that they provide an aircraft overflight easement before obtaining a building permit constitutes a taking of their property without just compensation. The court of appeal held that the...more

Real Estate Tip – Part 2: Planning Board Demands: When Are They Unconstitutional?

Koontz v. St. John’s River Water Management District 133 S.Ct. 2586 (2013) - In our last real estate tip, we saw how the U.S. Supreme Court under the Nollan and Dolan cases test conditions of approval under the 5th...more

Requiring Landowners To Dedicate An "Overflight" Easement Is Not A Taking, Even When All An Owner Seeks Is A Minor Building Permit

The United States Supreme Court decisions in Nollan and Dolan provide landowners with a useful tool for seeking compensation when government agencies use their land use authority to exact valuable property rights and other...more

Beni Culturali E Paesaggistici: Novità legislative e riflessioni interpretative

PERMESSO EDILIZIO E PAESAGGISTICO, TEMPI DIFFERENZIATI - L’autorizzazione della Soprintendenza non è più legata al titolo abilitativo - La durata dell’autorizzazione paesaggistica non è più allineata al permesso...more

Much Ado About Subdivision: Building on a Subdivided Lot When the Locality Never Approved the Subdivision Plat

Pop quiz: You want to purchase an undeveloped lot with the hopes of building your home on it. You hire a title company to perform the title work, which appears to come back clean. You are told your lot used to be part of a...more

Retroactive Stormwater Permitting of Existing Development – Coming to a Parking Lot Near You?

On July 10, 2013, a consortium of environmental organizations filed a petition with the U.S. EPA, asking the Agency to make a determination under the Clean Water Act (CWA) that stormwater discharges from impervious surfaces...more

U.S. Supreme Court Expands Property Rights Protections in Koontz

The U.S. Supreme Court’s decision last week in Koontz v. St. Johns River Water Management District expands the holdings of Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374...more

Rogers Towers: City Approves Partial Mobility Fee Waiver

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

Christie Administration Issues Emergency Rule to Expedite Recovery and Rebuilding

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

Changes to North Carolina's Mechanics' Lien Statue

There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on...more

Minor Variances - An Overview

Considering renovating, building, or changing the use of a property? Some research into the zoning restrictions of your property could prevent a serious problem in the future. The city may also require additional steps to be...more

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