News & Analysis as of

Municipalities Zoning Laws

Lowndes

Office of the Attorney General Releases Informal Opinion Shedding Light on the Meaning of “Mixed Use” Zoning Districts Under Live...

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The Live Local Act (Act), originally passed on March 29, 2023, was modified by SB328 on May 16, 2024. While the Act has been heralded as a solution to Florida’s affordable housing shortage, it has faced roadblocks since its...more

Nutter McClennen & Fish LLP

Changes to 40B and Affordable Housing Preferences for Veterans: What You Need to Know About the 2024 Massachusetts Affordable...

The new Affordable Homes Act revised Section 22 of Chapter 40B, part of the comprehensive permit law, to require the Housing Appeals Committee to notify the Secretary of the Executive Office of Housing and Livable Communities...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Holland & Knight LLP

Ivy City: Draft Small Area Plan Released for Public Comment

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The Office of Planning (OP) has worked with Ivy City residents, community stakeholders and Washington, D.C., government agencies to develop the Ivy City Small Area Plan (ICSAP). Ivy City is a historically Black neighborhood...more

Goulston & Storrs PC

Lions and Turtles and Bearded Dragons, Oh My!

Goulston & Storrs PC on

Fleming v. Zoning Bd. of Appeals of Oxford, 103 Mass. App. Ct. 1128 (2024) In Fleming, the Massachusetts Appeals Court grappled with some scaley zoning issues arising out of personal ownership of 460 reptiles. In this...more

McGuireWoods Consulting

Prince William County Launches Comprehensive Plan Amendment

Prince William County in Virginia has launched a Comprehensive Plan Amendment (CPAM) initiative to incorporate recommendations from the Community Energy and Sustainability Master Plan into its comprehensive plan. The CPAM...more

Saiber LLC

New Jersey Appellate Panel Confirms Towns Right to Regulate Cannabis Licenses

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The New Jersey Appellate Division recently affirmed a trial court’s decision to allow a New Jersey town to deny a prospective retail cannabis business to operate, determining that the municipality has the discretion to decide...more

Venable LLP

Fauquier County's Board Implements New Data Center Development Policy Guidance

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On December 14, 2023, the Fauquier County Board of Supervisors adopted policy guidance for data center development. The Data Center Development Policy limits where data centers can be established and regulates various aspects...more

Houston Harbaugh, P.C.

Will Cryptocurrency and Data Mining Add New Complexity to Oil & Gas Zoning?

Houston Harbaugh, P.C. on

Questions about the zoning of oil and gas development operations have persisted in Pennsylvania for years. Now, cryptocurrency and data mining operations may create new wrinkles in long-running disputes about oil and gas...more

Bowditch & Dewey

Massachusetts’ Demonstration Project Takes Flight

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An Act Driving Clean Energy and Offshore Wind (St. 2022, c. 179, § 84) required the Massachusetts Department of Energy Resources (DOER) to establish a demonstration project in which 10 municipalities were selected to adopt...more

DarrowEverett LLP

Benefits of Rhode Island’s Housing Legislation Go Beyond Housing

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In an effort to “fundamentally change [the State’s] approach to housing development, particularly for the moderate and affordable development we need most,” the Rhode Island General Assembly recently passed a slew of...more

Bowditch & Dewey

SJC Issues Decision Encouraging Broad Application of Dover Amendment Protections

Bowditch & Dewey on

In Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188 (2023), the SJC was tasked with deciding whether the Dover Amendment precluded the Town of Monterey from denying approval of a recreational...more

Bowditch & Dewey

Massachusetts Cities Seek to Enact Prohibitions on Gas Hookups for New and Existing Construction

Bowditch & Dewey on

Last year, the Massachusetts Department of Energy Resources promulgated regulations at 225 CMR 24.00 for the Municipal Fossil Fuel Free Building Construction and Renovation Demonstration Project as authorized by St. 2022, c....more

Holland & Knight LLP

Florida's New Live Local Act Offers Land Use and Tax Benefits

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Florida Gov. Ron DeSantis signed into law Senate Bill 102 on March 28, 2023, with an effective date of July 1, 2023. Commonly referred to as the Live Local Act (the Act), it has significant land use, zoning and tax benefits...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

DarrowEverett LLP on

Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Bowditch & Dewey

New Resources for MBTA Communities

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Recently, the Department of Housing and Community Development (DHCD) provided additional resources to assist municipalities in submitting a district compliance application. MBTA communities with inclusionary zoning...more

DarrowEverett LLP

If You Don’t Use It, You May Lose It: Land Development Approvals

DarrowEverett LLP on

Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were...more

Foley Hoag LLP - Energy & Climate Counsel

Mass. AG: Municipal Prohibition of Stand-alone Battery Storage Systems Violates State Law

The Massachusetts Attorney General recently issued a written opinion denying approval of a zoning bylaw amendment passed by the Town of Wendell, which would have prohibited stand-alone battery energy storage facilities in all...more

McNees Wallace & Nurick LLC

Top 5 Ways to Encourage Controlled and Collaborative Development: Providing for Clearly Defined Processes (Part II of V)

With football season behind us, March arrives with bracket talk and the discussion of college basketball teams you have never heard of. Some of us spend hours researching or contacting that old college buddy to help fill our...more

Bowditch & Dewey

Recently Proposed Legislation Aims to Provide Protection and Clarity for Previously Approved Projects

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On January 19, 2023, Representative Kevin Honan filed new legislation entitled “An Act to Safeguard Municipal Permitting” targeted at addressing special permit protections and timelines for previously approved projects. This...more

Amundsen Davis LLC

New Missouri Law Affects Municipal Control over Home Occupations

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A new Missouri law may be a new cause of concern for homeowners. The new law, which restricts the ability of local government to regulate home occupations with zoning ordinances or other regulations, may allow noxious...more

Blake, Cassels & Graydon LLP

Ce que les promoteurs doivent savoir sur la réforme du régime de planification et d’aménagement du territoire en Ontario

Le 25 octobre 2022, le dépôt, par le gouvernement de l’Ontario, du projet de loi 23, Loi de 2022 visant à accélérer la construction de logements, a créé énormément d’attentes quant aux répercussions possibles de cette loi sur...more

Blake, Cassels & Graydon LLP

Planning and Development Overhaul in Ontario: What it Means for Developers

Since October 25, 2022, when the Government of Ontario introduced Bill 23, the More Homes Built Faster Act, there has been much anticipation about the potential impacts on land use planning and development in the province. On...more

Farrell Fritz, P.C.

Single and Separate Exemptions For Substandard Lots

Farrell Fritz, P.C. on

Zoning codes are constantly evolving in response to perceived or real threats of overdevelopment.  Generally, a municipality may in the reasonable exercise of its police power, amend its zoning code to be more restrictive in...more

Holland & Knight LLP

Non Reformatio in pejus y procedimientos urbanísticos en Colombia

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La Sección Primera del Consejo de Estado de Colombia, expidió el pasado 14 de julio de 2022 una sentencia, con ponencia del Consejero Hernando Sánchez Sánchez (la Sentencia), por medio de la cual se hacen importantes...more

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