News & Analysis as of

Waterfront Properties State and Local Government

Verrill

Understanding 91’s Amnesty Program

Verrill on

Chapter 91 of the Massachusetts General Laws, otherwise known as the Public Waterfront Act, is the primary law protecting the public’s rights to use and access the coastal tidelands of the Commonwealth. First adopted in 1866,...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? What's Up Dock?

Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

Miller Nash LLP

Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

Miller Nash LLP on

At the core of Oregon’s coordinated land-use-planning law are 19 “statewide planning goals.” These goals set forth policy and directives that local governments must follow in crafting their planning ordinances and zoning...more

Shutts & Bowen LLP

COVID-19 Stimulus Relief and the Construction Industry

Shutts & Bowen LLP on

The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an...more

Kramer Levin Naftalis & Frankel LLP

NYC CPC Certifies Zoning for Coastal Flood Resiliency Proposal for Public Review

On Oct. 19, 2020, the City Planning Commission certified for public review a proposed citywide text amendment known as Zoning for Coastal Flood Resiliency (ZCFR). The proposal seeks to update and make permanent those zoning...more

Allen Matkins

Sustainable Development and Land Use Update - August 2020

Allen Matkins on

Manhattan Beach’s short-term rental ban voided until state Coastal Commission approves - The Beach Reporter – July 30 - The Los Angeles Superior Court late last month voided Manhattan Beach’s short term rental law,...more

Nossaman LLP

Martin’s Beach Saga Continues With California’s New Lawsuit

Nossaman LLP on

On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more

Bilzin Sumberg

Opinon: Zoning can be a Cost-Effective Tool for Confronting Climate Change

Bilzin Sumberg on

As a coastal region confronting the impacts of climate change, South Florida must continue to advance urban resiliency and sustainability innovations through public investments, regulations, and private sector incentives that...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

Farrell Fritz, P.C. on

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Farrell Fritz, P.C.

Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld

Farrell Fritz, P.C. on

In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the denial of an Article 78 proceeding seeking to vacate and annul a determination of the Board of Trustees of...more

Farrell Fritz, P.C.

Town Considers New Zoning Regulations for Port Washington Waterfront

Farrell Fritz, P.C. on

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in...more

Farrell Fritz, P.C.

Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

Farrell Fritz, P.C. on

A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to the State Comptroller and State Park Commissioner requesting an opinion as to whether Town Trustee property, known...more

Farrell Fritz, P.C.

Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on...

Farrell Fritz, P.C. on

In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more

Farrell Fritz, P.C.

New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

Farrell Fritz, P.C. on

Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and...more

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