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Search Results

Transit Oriented Development Best Practices Handbook
Date Added: Friday, July 17, 2015
Transit Oriented Development (TOD)    
State: Not Applicable
Foreign Country
The Transit Oriented Best Practices Handbook explains Transit Oriented Development (TOD), its characteristics, its benefits, and its challenges by detailing the key planning principles behind successful TOD as well as summarizing practices for designing and implementing TOD. The document also contains an extensive list of best practice methodology and implementation techniques to assist communities in planning successful TOD... Read More
Delaware Regional Planning Commission Municipal Implementation Tool #6: Parking Management Strategies
Date Added: Wednesday, February 24, 2016
Parking    
Delaware
Regional Planning Entity
The Parking Management Strategies brochure was developed by the Delaware Valley Regional Planning Commission as part of a series of implementation tools based on the recommendations in the region’s long-term plan and specifically addresses strategies to balance the supply and demand for parking. The brochure details two types of parking strategies that are important for managing parking demand, the type that can be used to accommodate existing and future parking demand more efficiently and the type that can be used to reduce parking demand whic.. Read More
Massachusetts Affordable Housing Appeals Law
Date Added: Wednesday, February 24, 2016
Affordable Housing    
Massachusetts
State
The legislature of the Commonwealth, in Chapter 23B of the Massachusetts Code, has created the Massachusetts Department of Housing and Community Development. Within the Department of Housing and Community Development, the legislature created a Housing Appeals Committee. Mass. Gen. Law Ch. § 5A (2004). Under the Commonwealth’s Low and Moderate Income Housing Law, certainties entities who wish to build affordable house may follow a streamlined application process. If the application is denied or conditionally granted, the entity may appeal.. Read More
Massachusetts Agricultural Land Protection Ordinance
Date Added: Wednesday, February 24, 2016
Farmland Protection & Preservation    
Massachusetts
State
This statute authorizes a city or town to establish a conservation commission for the promotion, development and protection of the natural resources of the city or town. Paragraph two below authorizes such commission to adopt rules and regulations governing the use of agricultural lands under its control to achieve its purpose. Such regulations shall not be less stringent than those regulations under section forty of chapter one hundred and thirty-one, which sets the statewide minimum standard for the regulation of the environment and natura.. Read More
Massachusetts Brownfields Revitalization Ordinance
Date Added: Wednesday, February 24, 2016
Brownfields    
Massachusetts
State
Brownfield redevelopment in Massachusetts is regulated and overseen by the state under chapter twenty-one E, the “Massachusetts Oil and Hazardous Material Release Prevention Act.” Section (b)(3) of this chapter requires the state to provide technical assistance to municipalities, redevelopment authorities, redevelopment agencies, community development corporations, economic development and industrial corporations, and other persons interested in redeveloping brownfields. State brownfields program incentives are available to buyers, and sometim.. Read More
State of Massachusetts Environmental Impact Review Ordinance
Date Added: Wednesday, March 2, 2016
Environmental Impact Review Requirements    
Massachusetts
State
Section sixty-one of chapter thirty requires all agencies to review, evaluate, and determine the impact on the natural environment of all works, projects, or activities conducted by the agencies and use all practicable means and measures to minimize damage to the environment. Section sixty-two defines “agency” to mean “an agency, department, board, commission or authority of the commonwealth, and any authority of any political subdivision which is specifically created as an authority under special or general law.” Any determination made by an.. Read More
State of Louisiana Training Requirements for Local Boards Act
Date Added: Thursday, January 26, 2017
Local Boards, Local Governance    
Louisiana
State
This bill requires land use training for local boards in Louisiana... Read More
City of Aspen Real Estate Transfer Tax Ordinance
Date Added: Wednesday, April 12, 2017
Real Estate Transaction Fee    
Colorado
Municipal
The city of Aspen imposed a real estate transfer tax and designated the funds to be used to purchase land and buildings to create affordable housing and preserve open space. The law also empowers the City Council to borrow money or issue bonds in order to do the same, provided that the funds from the real estate transfer tax are to be used to repay these debts... Read More
Town of West Warwick Development Fee Ordinance
Date Added: Wednesday, April 12, 2017
Real Estate Transaction Fee    
New York
Municipal
This Development fee ordinance provides for a consolidated schedule of fees and allows for a periodic review and modification of fees assessed for development. These fees include Planning Board Fees, Zoning Board Fees, Town Board Fees and Building Inspection Fees... Read More
City of Bainbridge Island Comprehensive Plan – Environmental Element
Date Added: Thursday, March 23, 2017
Coastal Protection, Comprehensive Planning, Sea Level Rise Adaptation    
Washington
Municipal
The City of Bainbridge Island has explicitly addressed the potential for sea level rise in the Environmental Element of its comprehensive plan. Adopted in 2004, the plan recognizes that Bainbridge Island is potentially subject to flooding, erosion, landslides, seismic events, and soil subsistence. The overall goal of the Environmental element is to avoid adverse impacts where possible; to minimize, reduce or eliminate impacts over time; and to compensate for unavoidable impacts. The plan outlines protections for critical areas including tran.. Read More
Village of Briarcliff Westchester County Greenway Compact Plan Ordinance
Date Added: Thursday, April 6, 2017
Intermunicipal Agreements, Local Environmental Law, Zoning, Natural Resource Protection & Conservation    
New York
Municipal
The Village of Briarcliff has become a participating member in the intermunicipal agreement (the Greenway Compact) pursuant to the Environmental Conservation Law of the State of New York. Accepted amendments to the Greenway Compact are to be adopted by the Village of Briarcliff Manor and proposed amendments that are rejected are not to be considered amendments to the Village of Briarcliff, unless the Village determines these amendments and policies are in conflict with their comprehensive plan, which the Village Council has ultimate power to ap.. Read More
North Carolina Planned Unit Development Ordinance
Date Added: Thursday, April 6, 2017
Planned Unit Development    
North Carolina
State
Although there is no independent statute granting cities the authority to allow PUDs, Section 160A-385.1, dealing with vesting rights, specifically names PUDs as one of the types of developments for which a developer may submit a site-specific plan and, upon the city’s approval, gain a vested right. Thus, it can be implied from this statute that cities do have authority to permit PUDs. (See Vested Rights, below.).. Read More
North Carolina Watershed Planning Ordinance
Date Added: Thursday, April 6, 2017
Watershed Planning    
North Carolina
State
Section 143-214.5 requires local governments to adopt water-supply watershed management programs to improve or protect future or existing water supplies. The state Environmental Management Commission designates locations that qualify as watersheds and which thus must be protected under this section. § 143-214.5(d). A local government’s program must meet the minimum standards established by the state Environmental Management Commission. § 143-214.5(a). The Commission is directed to assist local governments in creating their programs in part by d.. Read More
Massachusetts Housing & Urban Renewal Ordinance
Date Added: Thursday, April 13, 2017
Urban Renewal    
Massachusetts
State
Section twenty three of chapter one hundred and twenty-one B, titled “Housing And Urban Renewal,” authorizes a municipality to do “any and all … things necessary or convenient to aid and cooperate in the planning, construction or operation of a housing, clearance, relocation or urban renewal project within its limits.” Such things include the adoption or modification of its zoning rules and regulations, the purchase of any of the bonds or notes of an operating agency and the selling, conveyance or leasing of any of its interests in any propert.. Read More
Town of Brookhaven Historic Preservation District
Date Added: Friday, April 28, 2017
Comprehensive Planning, Historic District Preservation, Local Boards    
New York
Municipal
This law empowers the Town Planning Board to create a Historic Preservation District in the Town of Brookhaven. The law also includes provisions for: creating the Historic District Advisory Committee, the possible exclusion of religious institutions from the district, the maintenance and taxation requirements for structures within the district, and the penalties for disobeying the requirements of the law for persons owning buildings within the district. .. Read More
Town of Eden Wind Energy Conversion Systems Ordinance
Date Added: Friday, April 14, 2017
Wind Energy    
New York
Municipal
Chapter 217 of the Town Code for the Town of Eden is designed to promote the effective and efficient use of wind energy conversion systems (WECS) and to regulate the placement of wind energy conversion systems so that the public health, safety, natural resources, and aesthetics will not be jeopardized. .. Read More
County of Collier Coastal Zone Management Ordinance
Date Added: Friday, April 14, 2017
Coastal Protection, Environmental Impact Review Requirements, Sea Level Rise Adaptation    
Florida
Municipal
In order to protect, conserve, and appropriately use its coastal areas, the Collier County Coastal Zone Management ordinance requires planning consistence, site development prioritization, and impact planning that considers potential impacts of sea level rise. The law requires that all new and existing development in the coastal zone furthers the goals, objectives and policies of the Growth Management Plan’s Conservation and Coastal Management Element, preserving native vegetation and limiting development densities for sites within undeveloped.. Read More
Town of Brookhaven Training for Local Boards Ordinance
Date Added: Monday, May 1, 2017
Local Boards, Mandatory Training    
New York
Municipal
The Town of Brookhaven created this local law to mandate certified educational training for all Zoning Board of Appeals and Planning Board members and to require notification of such a requirement to prospective members. Procedure is also given for removal of members if in violation of this law... Read More
Town of Falmouth Wetlands Regulations
Date Added: Thursday, May 4, 2017
Coastal Protection, Sea Level Rise Adaptation, Site Design Standards, Wetlands & Watercourse Protection    
Massachusetts
Municipal
The Town of Falmouth’s Wetland Regulations recognize that “special transitional areas,” portions of coastal floodplains that are immediately landward of salt marshes, coastal dunes, and barrier beaches, require special protection. To that end, these regulations require that relative sea level rise be considered in development proposals, and that buildings and other structures in special transitional areas be designed to incorporate a relative sea level rise of at least one foot per 100 years in “A-zones” (coastal storm flowage zones) and at le.. Read More
State of Massachusetts Environmental Joint Powers Agreement
Date Added: Monday, September 19, 2016
Intermunicipal Agreements    
Massachusetts
State
This statute authorizes public agencies, defined below and including cities and towns, to enter into “joint powers agreements” to advance the constitutional objectives of natural resource and environmental protection. Such agreements must contain information as required under this statute and are subject to the approval of the secretary of environmental affairs... Read More
Town of Yorktown Landmark Preservation Ordinance
Date Added: Saturday, August 27, 2016
Historic Preservation, Quality of Life    
New York
Municipal
This enactment declares as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public. In response to this policy, the legislature created the Landmark Preservation Commission in Chapter 198 of the Town Code... Read More
State of Massachusetts Forest Cutting Practices & Timber Harvesting Ordinance
Date Added: Saturday, May 6, 2017
Forest Management, Timber Harvesting, Natural Resource Protection & Conservation    
Massachusetts
State
The regulation of forest cutting practices appears to rest solely with the state of Massachusetts. Regulations and licensing are found under Chapter one hundred and thirty-two of the General Laws of Massachusetts. MASS. GEN. Laws. ch. 132 (2004). The state declares its intention to protect forest lands in section forty of this chapter. Other helpful statutes defining terms and objectives are included below... Read More
State of Massachusetts Municipal Growth & Development Policy Committees Ordinance
Date Added: Saturday, May 6, 2017
Development Standards, Intermunicipal Agreements, Local Boards, Local Governance, Smart Growth    
Massachusetts
State
A growth and development policy committee consisting of two or more municipalities may be established under this statute and “engage in all acts and conduct for the purpose of intergovernmental planning of balanced growth and development issues.” Paragraph one broadly defines “balanced growth and development issues.” Subject to the committee’s comment and review are issues which may have a “significant impact upon the health, safety or welfare of the member municipalities’ citizens, including issues pertaining to growth management and land us.. Read More
State of Massachusetts Conservation Restrictions Ordinance
Date Added: Saturday, May 6, 2017
Affordable Housing , Farmland Protection & Preservation, Wetlands & Watercourse Protection, Conservation Districts & Subdivisions    
Massachusetts
State
This statute grants the authority to “any governmental body” to acquire and hold conservation restrictions for purposes including conservation of land or water area. The restriction is subject to approval by the secretary of environmental affairs. In determining whether the restriction is in the public interest, the governmental body shall take into consideration the public interest in conservation and any national, state, regional, and local program as well as any public state, regional, or local comprehensive land use or development plan af.. Read More
State of Massachusetts Constitutional Rights & Objectives – Natural Resource Protection
Date Added: Saturday, May 6, 2017
Wildlife & Fish Habitat, Natural Resource Protection & Conservation    
Massachusetts
State
This article declares the broad purpose and intent of the State to protect the state’s environment, including protection of wildlife, natural resources relating to air, land water, and recreational land uses. .. Read More
Town of Yorktown Clustering and Flexibility Standards Ordinance
Date Added: Monday, March 21, 2016
Clustering & Cluster Development    
New York
Municipal
The purpose of this article is to encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic provision of streets and utilities and to preserve the natural and scenic qualities of open land. .. Read More
State of Massachusetts Protection of Floodplains, Seacoasts, and Other Wetlands Ordinance
Date Added: Saturday, May 6, 2017
Coastal Protection, Floodplain Regulations, Wetlands & Watercourse Protection    
Massachusetts
State
This statute authorizes a municipality’s conservation commission, authorized and formed under section eight(c) of chapter forty, to review applications of projects that may affect natural areas, including areas prone to flooding (floodplains). See paragraph one. The commission is authorized in paragraph seventeen to impose conditions on the submitted application to achieve its purpose of protecting floodplains. Under certain circumstances, such as when the commission fails to hold a public hearing or when it fails to make a final determination.. Read More
City of Carlsbad Second Dwelling Units Ordinance
Date Added: Monday, May 1, 2017
Affordable Housing , Development Standards, Fair Housing, Zoning    
California
Municipal
The Second Dwelling Units Ordinance allows the construction of second dwelling units by permits, subject to certain requirements, in order to achieve affordable housing goals... Read More
Village of Croton-on-Hudson Gateway Overlay District Zoning Ordinance
Date Added: Wednesday, May 3, 2017
Development Standards, Overlay District, Zoning    
New York
Municipal
Croton-on-Hudson has developed a scheme for the creation of physical gateway areas comprised of roads and surrounding areas where those first encountering the village will derive a sense of arrival and connection to the village, which will establish a favorable impression of the community. Restrictions will be placed on development within these areas to ensure and preserve a residential feel and provide a more defined entrance into the village for incoming motorists and pedestrians, which ultimately will bring a more favorable image to the comm.. Read More
Town of Gardiner Zoning Definitions & Word Use Ordinance
Date Added: Friday, May 5, 2017
Zoning    
New York
Municipal
This law provides the definition of terms used in Gardiner’s zoning laws. Some of the definitions listed include: wetland, dwelling, central sewage system, commercial excavation, development, impervious surface, junkyard, kennel, farm operation, floor area, lot, mobile home, principle use or structure, substantial improvement, and watercourse... Read More
State of North Carolina Watershed Improvement Programs Ordinance
Date Added: Sunday, May 7, 2017
State Land Use Law, Watershed Planning    
North Carolina
State
All counties are authorized to create watershed improvement programs and required to implement water-supply watershed protection programs (see Water-Supply Watershed Planning, below). Section 153A-440.1 gives counties the authority to establish and maintain a county watershed program pursuant to § 139-41 or § 139-41.1 in Article 3 of Chapter 139. Section 139-41 provides that if a majority of voters in a county approves the levying of a watershed improvement tax, the board of county commissioners will have all the powers of “soil and water conse.. Read More
State of North Carolina Adult Entertainment Ordinances
Date Added: Sunday, May 7, 2017
Adult Entertainment, State Land Use Law    
North Carolina
State
Section 160A-181.1 authorizes cities and counties to regulate sexually oriented businesses through zoning ordinances, licensing requirements, or other “appropriate ordinances.” Such regulations may include, but are not limited to: restrictions on the location; restrictions on operations, including, inter alia, hours and exterior advertising and noise; reasonable moratoria on new or expanded facilities while studies are conducted and ordinances are considered; and requirements that existing businesses come into compliance with new ordinances. § .. Read More
State of North Carolina Low & Moderate Income Housing Programs
Date Added: Sunday, May 7, 2017
Affordable Housing , State Land Use Law, Zoning    
North Carolina
State
This ordinance allows counties to exercise enumerated powers in creating affordable housing... Read More
Township of Howell Riparian Buffers – Standards of Performance Ordinance
Date Added: Friday, May 5, 2017
Buffer Zones, Development Standards, Environmental Compliance, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection    
New Jersey
Municipal
This ordinance sets forth the practices and procedures to be followed by developers and others in order to maintain the integrity of riparian habitat. This law creates a buffer zone in which private activity, such as tree cutting, disturbing soil, use of fertilizer, and use of pesticides are severely regulated. The town board holds discretion in allowing a buffer zone to be disturbed. If a buffer zone is disturbed, the developer is required to rehabilitate the buffer zone in accordance with the accepted practices set forth in this law. .. Read More
State of Illinois State Zoning Enabling Act – Municipal Ordinance
Date Added: Friday, May 5, 2017
State Land Use Law, Zoning    
Illinois
State
Corporate municipal authorities may regulate by ordinance to provide for comprehensive regulation of beneficial uses, protection from harms, and mitigation of activities associated with the use of land within their jurisdiction. Examples include height and bulk restrictions on buildings; set back lines along streets, trafficways, drives, parkways, or storm or floodwater runoff channels or basins; and limitations on the intensity of the use of lot areas, including the area of open space, within and surrounding such buildings. Municipal zoning a.. Read More
State of Illinois Affordable Housing Zoning Ordinance
Date Added: Friday, May 5, 2017
Affordable Housing , Local Boards, State Land Use Law    
Illinois
State
Corporate municipal authorities are granted broad powers to provide for the development of affordable housing, pursuant to 65 ILL. COMP. STAT. 5/11-11.1-1 (2004. Municipal authorities may prescribe by ordinance fair and unfair housing practices, establish “Fair Housing Commissions” or “Human Relations Commissions,” prohibit discrimination based on “race, color, religion, sex, creed, ancestry, national origin, or physical or mental handicap” in transactions associated with residential occupancy, and establish penalties to enforce such ordinances.. Read More
State of Illinois Conservation Area Zoning – Township Ordinance
Date Added: Friday, May 5, 2017
Open Space Preservation, State Land Use Law, Zoning, Natural Resource Protection & Conservation    
Illinois
State
Under 60 ILL. COMP. STAT. 1/115-10 et seq. (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources, and promote sustainable development. A township may acquire land targeted for open space preser.. Read More
State of Illinois Historic District & Landmark Preservation – Municipal Ordinance
Date Added: Friday, May 5, 2017
Historic District Preservation, Landmark Preservation, State Land Use Law, Landmarks & Historical Districts    
Illinois
State
Corporate municipal authorities are afforded broad authority to identify and create subsidiary boards, as needed, to preserve scenic and historic resources, including natural and manmade buildings, landmarks, and landscapes. Municipal authorities are charged to prevent the “disappearance [of] areas, places, buildings, structures, works of art and other objects having special historical, community, or aesthetic interest or value.” Municipal authorities may establish economic incentives and other agreements to encourage the acquisition, donation.. Read More
State of Illinois Local Boards & Practices – County Ordinance
Date Added: Friday, May 5, 2017
Local Boards, State Land Use Law, Zoning    
Illinois
State
Primary county zoning authority is vested in the “county board” or “board of county commissioners;” however, corporate county authorities must appoint, confirm, and provide for a “zoning commission” to exercise powers delegated under general zoning enabling authority. Such commissions (a) provide public notice, (b) conduct public hearings, (c) prepare tentative reports, and (d) draft and revise proposed ordinances. County authorities may appoint a “board of appeals” pursuant to county population standards to hear all appropriate actions as spec.. Read More
State of Illinois Smart Growth – Local Land Resource Management Planning Act
Date Added: Friday, May 5, 2017
Smart Growth, State Land Use Law, Natural Resource Protection & Conservation    
Illinois
State
The Local Land Resource Management Planning Act, 50 ILL. COMP. STAT. 805 et seq. (2004), authorizes and outlines the general principle that counties, municipalities, and townships may engage in land resource management programs. Beyond concerns associated with traditional zoning and comprehensive planning, the Act acknowledges local government interests in protecting the “land, air, water, natural resources, and environment of the State,” and encourages “socially and economically desirable” land use and planning via “Local Land Resource Managem.. Read More
State of Illinois Scenic Resource Protection – Township Ordinance
Date Added: Friday, May 5, 2017
Local Boards, Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation    
Illinois
State
Under 60 ILL. COMP. STAT. 1/115-45 (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources and promote sustainable development. A township may acquire land targeted for open space preservation lo.. Read More
State of Illinois Site Plans Control – County Ordinance
Date Added: Friday, May 5, 2017
Floodplain Regulations, Site Design Standards, State Land Use Law, Stormwater Management    
Illinois
State
Corporate county authorities may require by ordinance that any map or plat of land not within a municipality be submitted and approved by appropriate authorities. County authorities may establish “reasonable rules and regulations” to protect of community and natural resources, as well as surface waterways and drainage basins, associated with water supply. Furthermore, county authorities may include reasonable requirements applicable to water supply, sewage collection, and floodplain and stormwater management. Pursuant to 55 ILL. COMP. STAT. 5/5.. Read More
State of Illinois Stormwater Management – County Ordinance
Date Added: Friday, May 5, 2017
State Land Use Law, Stormwater Management    
Illinois
State
In addition to general powers granted to all counties to regulate “storm water runoff,” 55 ILL. COMP. STAT. 5/5-1062 (2004) allocates comprehensive stormwater planning and management to corporate county authorities in the urbanized region served by the Northeastern Illinois Planning Commission, pursuant to enumerated population standards. Prior to the adoption of countywide plans and regulations, a county board must establish a “stormwater management planning committee.” The committee is charged to coordinate surveying and planning activities.. Read More
State of Illinois Transfer of Development Rights – County Ordinance
Date Added: Friday, May 5, 2017
State Land Use Law, Transfer of Development Rights (TDR)    
Illinois
State
As enumerated under the powers to preserve scenic and historic resources, in 55 ILL. COMP. STAT. 5/5-30004 (2004), corporate county authorities may establish a system for the “transfer of development rights,” including the necessary means to deposit and transfer such rights into a “development rights bank.” The system is to be modeled after the system established for municipalities under 65 ILL. COMP. STAT. 5/11-48.2-1A(4) (2004). All receipts arising from such transfers must be deposited in a special county account, and applied against expendi.. Read More
State of Illinois Urban Renewal – Municipal Ordinance
Date Added: Friday, May 5, 2017
Local Boards, State Land Use Law, Urban Renewal    
Illinois
State
Under 65 ILL. COMP. STAT. 5/11-11-1 (2004), corporate municipal authorities are granted broad powers to redevelop and revitalize “any blighted or slum area or any conservation area” that is a “detriment to public safety, health or morals.” Municipal authorities in communities with more than 500,000 residents may appoint a “Conservation Board” or “Department of Urban Renewal” to investigate and report on the revitalization needs in a designated “conservation area.” Those entities may also draft a “conservation plan” that addresses, inter alia, .. Read More
State of Illinois Watercourse Protection – County Ordinance
Date Added: Friday, May 5, 2017
State Land Use Law, Wetlands & Watercourse Protection    
Illinois
State
Corporate county authorities are granted broad authority to protect and maintain watercourses, pursuant to 55 ILL. COMP. STAT. 5/5-15008 (2004). County authorities may regulate streamflow and dams along any watercourse located within county boundaries. However, county authorities may not “abridge or in any manner curtail any vested water power rights or other rights.”.. Read More
City of New York Floor Area Bonus for Subway Station Improvements
Date Added: Friday, May 5, 2017
Incentive Zoning, Site Design Standards, Transportation & Land Use Planning    
New York
Municipal
The City of New York created incentive zoning in 1961 to acquire available open space in densely packed commercial or business districts. Article VII, Chapter 4 in the New York City Zoning Resolution grants floor area bonus by special permit for improving subway station... Read More
State of Illinois Watercourse Protection Ordinance
Date Added: Friday, May 5, 2017
State Land Use Law, Wetlands & Watercourse Protection    
Illinois
State
Corporate municipal authorities are granted broad authority to protect and maintain watercourses, pursuant to 65 ILL. COMP. STAT. 5/11-104-1 (2004). Municipal authorities may “deepen, widen, dock, cover, wall, or alter channels of watercourses.” Furthermore, municipal authorities may construct and repair canals and slips to accommodate commercial interests, 65 ILL. COMP. STAT. 5/11-104-2 (2004), and water-related landing facilities. 65 ILL. COMP. STAT. 5/11-104-3 (2004). Municipal authorities may also relocate existing water courses within muni.. Read More
City of Jamestown High Groundwater Table Ordinance
Date Added: Friday, May 5, 2017
Aquifer Protection, Overlay District, Water Conservation, Drinking Water Protection & Conservation    
Rhode Island
Municipal
The City of Jamestown designated a High Ground Water Table and Impervious Layer Overlay District in which, in order to preserve the town’s fresh water supply, the area has been deemed unsuitable for unrestricted development. The District is divided into two sub-districts: sub-district A has a higher groundwater table, and thus heightened restrictions on development, and sub-district B, a lower groundwater table, and less restrictive development requirements. The ordinance lays out the restrictions on development within each zone, as well as th.. Read More
Town of Laytonsville Forest Conservation & Reforestation Ordinance
Date Added: Saturday, May 6, 2017
Forest Management, Tree Preservation & Protection, Timber Harvesting, Wildlife & Fish Habitat, Natural Resource Protection & Conservation    
Maryland
Municipal
The Forest Conservation and Reforestation Ordinance establishes a forest conservation and reforestation program for the Town of Laytonsville in compliance with the standards prescribed by the Maryland General Assembly. The Act regulates timber harvesting as well as other activities that may result in the cutting, clearing, or grading of forest and defines terms related to and including “afforestation”, “forest”, and “reforestation”. Finally, the ordinance prescribes penalties for noncompliance... Read More
Town of Lewisboro Wetlands & Watercourses Ordinance
Date Added: Saturday, May 6, 2017
Buffer Zones, Wetlands & Watercourse Protection    
New York
Municipal
The legislature’s intent in creating Chapter 217 of the Town Code is to assure that activities conducted in and around wetlands, watercourses and associated buffer areas be done so in conformance with the provisions of this chapter and in a manner which promotes the preservation of wetlands, watercourses and associated buffer areas as specified in the findings of fact seen at the beginning of the Chapter. .. Read More
State of Massachusetts Affordable Housing Zoning – by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017
Affordable Housing , Zoning    
Massachusetts
State
This statute authorizes the issuance of special permits authorizing increases in the permissible density of populations, provided that the applicant provide housing for persons of “low or moderate income. This statute authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw. Such permits may also impose conditions, safeguards and limitations on time or use. .. Read More
State of Massachusetts Agricultural Incentive Areas Ordinance
Date Added: Saturday, May 6, 2017
Incentive Zoning, Agriculture, Farmland Protection & Preservation    
Massachusetts
State
This statute authorizes a city or town to determine and designate agricultural land or land with horticultural use as agricultural incentive areas upon consultation with, and review by local and regional planning and zoning boards. Section two of this statute authorizes a municipality to establish an agricultural incentive area committee for purposes of performing the functions under this chapter, “Agricultural Incentive Areas,” namely the preservation of agricultural or horticultural lands via the designation of agricultural incentive areas a.. Read More
State of Massachusetts Conservation Commissions Ordinance
Date Added: Saturday, May 6, 2017
Aquifer Protection, Local Boards, Natural Resource Protection & Conservation    
Massachusetts
State
Chapter 40, § 8C grants conservation commissions implied regulatory authority to protect aquifers. It authorizes a city or town to establish a conservation commission for the promotion and development of the natural resources and for the protection of watershed resources of the city or town. Such commission may adopt rules and regulations governing the use of land and waters under its control to achieve its purpose. Its authorities further include the study of land and water and subsequent creation of plans and maps consistent with the town ma.. Read More
State of Massachusetts Cluster Development by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017
Development Standards, Clustering & Cluster Development, Zoning    
Massachusetts
State
Section nine of chapter 40A authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw, including special permits for cluster developments. Such cluster developments are to be permitted upon review and approval by a planning board pursuant to the subdivision control laws of chapter forty-one, sections 81K to 81GG inclusive. See paragraph six. Paragraph seven defines cluster development, as among other things, residential developments separa.. Read More
State of Massachusetts Conservation Commissions Ordinance
Date Added: Saturday, May 6, 2017
Floodplain Regulations, Local Boards, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection    
Massachusetts
State
This statute grants conservation commissions regulatory authority over the use of flood plains. The statute authorizes a city or town to establish a conservation commission for the promotion and development of the natural resources and for the protection of watershed resources of the city or town. Such commission may adopt rules and regulations governing the use of land and waters under its control to achieve its purpose. Its authorities include the study of land and water and subsequent creation of plans and maps consistent with the town ma.. Read More
State of North Carolina Agricultural Land Protection Ordinance - Cities
Date Added: Sunday, May 7, 2017
Historic Preservation, Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation    
North Carolina
State
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, cities have the authority to acquire conservation easements and other interests in property for the purpose of retaining the land for, among other uses, agriculture, horticulture, and farming. § 121-35, § 121-37. (See Conservation Easements, above.) Additionally, North Carolina has a statutorily stated goal of preserving one million acres of farm lands, open space, and conservation lands by 2009. §§ 113A-240, 241. However, the provisions of t.. Read More
State of North Carolina Agricultural Land Protection Ordinance – Counties
Date Added: Sunday, May 7, 2017
Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation    
North Carolina
State
Counties have all the same powers with regard to agricultural land protection as cities have (see above). Additionally, counties have further authority, not provided to cities, under the Farmland Preservation Enabling Act, located at Article 61 within Chapter 106. Under § 106-736, counties may establish by ordinance a farmland preservation program. Such a program must provide for the establishment of voluntary agricultural districts consisting of a minimum number of acres (to be determined by the board of commissioners) and the formation of suc.. Read More
State of North Carolina Design Control Ordinances
Date Added: Sunday, May 7, 2017
Design Control, Local Boards, State Land Use Law    
North Carolina
State
Part 7 of Article 19 in Chapter 160A details the authority to cities and counties to create community appearance commissions. Section 160A-451 permits a city or county to create an official appearance commission. This commission is required to study the “visual problems” within the local government’s jurisdiction and make plans to carry out programs that will “enhance and improve” the city or county’s “visual quality and aesthetic characteristics.” § 160A-452. In addition to other its powers and duties, the commission may advise the planning ag.. Read More
State of North Carolina Emission of Pollutants or Contaminants Ordinance
Date Added: Sunday, May 7, 2017
Emissions, State Land Use Law    
North Carolina
State
Under § 160A-185, cities have the authority to pass ordinances that regulate or prohibit the emission of pollutants that “tend to pollute or contaminate the land, water, or air.” This section also gives cities the power to enact ordinances to regulate the illegal disposal of solid waste and to provide for enforcement of such ordinances by civil penalties. Any ordinance passed under this section must be “consistent with and supplementary to State and federal laws and regulations.”.. Read More
State of North Carolina Environmental Impact Review Procedures
Date Added: Sunday, May 7, 2017
Environmental Impact Review Requirements, State Land Use Law    
North Carolina
State
North Carolina’s Environmental Policy Act, found at Article 1 in Chapter 113A, is modeled on the National Environmental Policy Act (NEPA). The act applies to state agencies, but not local agencies. Under § 113A-8 of the act, however, local governments may require by ordinance “any special-purpose unit of the government or private developer of a major development project” to submit an environmental impact statement, as defined at § 113A-4(2). Any such ordinance must be applied consistently and shall exempt projects for which an EIS or its equiva.. Read More
State of North Carolina Erosion & Sedimentation Control Ordinances
Date Added: Sunday, May 7, 2017
Erosion & Sedimentation Control, State Land Use Law    
North Carolina
State
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, local governments have the authority to acquire conservation easements and other interests in property for the purpose of preventing activities that are detrimental to erosion control or soil conservation. § 121-35(1)(vii), § 121-37. (See Conservation Easements, above.) North Carolina gives primary responsibility for erosion and sedimentation control to the Department of Environment and Natural Resource’s Sedimentation Control Commission, pur.. Read More
State of North Carolina Floodplain Protection Ordinances
Date Added: Sunday, May 7, 2017
Flood Prevention, Floodplain Regulations, State Land Use Law    
North Carolina
State
Provisions regarding the authority of local governments to regulate use in floodplains are found in Part 6, Article 21, of Chapter 143. Under § 143-215.54, local governments are authorized to adopt ordinances to regulate uses in flood hazard areas and to grant permits for use in such areas. Flood hazard areas are defined at § 143-252(1d) as areas that local government has determined that development must be regulated in order to prevent flood damage. Base floodplains, defined at § 143-252(1b) as areas subject to a 1% or greater chance of floodi.. Read More
State of North Carolina Historic District Preservation Ordinances
Date Added: Sunday, May 7, 2017
Historic District Preservation, State Land Use Law    
North Carolina
State
Under the enabling statutes found within Chapter 160A, Article 19, at Part 3C, both cities and counties (“municipalities”) have the authority to establish historic districts and designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.4. “Such ordinances may treat historic districts as either a separate use district classification or as districts which overlay other zoning districts.” § 160A-400.4. Before a municipality can establish a historic district, it must appoint a historic preservation commission. § 160A-400... Read More
State of North Carolina Landmark Preservation Ordinances
Date Added: Sunday, May 7, 2017
Landmark Preservation, State Land Use Law    
North Carolina
State
Under the enabling statutes found at Part 3C, Article 19 in Chapter 160A, both cities and counties (“municipalities”) have the authority to designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.5. Before a municipality can establish a landmark, it must appoint a historic preservation commission § 160A-400.7. To designate a landmark, this commission must undertake an inventory of the properties of historic, architectural, prehistorical, and cultural significance within the municipality’s jurisdiction. § 160A-400.6... Read More
North Carolina Moratoria on Development Ordinances
Date Added: Sunday, May 7, 2017
Moratoria, State Land Use Law    
North Carolina
State
With the exception of statutorily authorized moratoria on sexually oriented businesses, found at § 160A-181.1(d), North Carolina does not grant local governments the explicit authority to place moratoria on development. However, under §§ 160A-4 and § 153A-4, city and county authority, respectively, is to be broadly construed. Thus, the power of local governments to place moratoria on development can probably be implied from both their general police power and their zoning authority... Read More
State of North Carolina Mountain Ridge Protection Act
Date Added: Sunday, May 7, 2017
Ridgeline Protection, State Land Use Law    
North Carolina
State
This section authorizes cities to adopt the Mountain Ridge Protection Act and provides that if a city does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage... Read More
State of North Carolina Mountain Ridge Protection Act – Counties
Date Added: Sunday, May 7, 2017
Ridgeline Protection, State Land Use Law    
North Carolina
State
This section authorizes counties to adopt the Mountain Ridge Protection Act and provides that if a county does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage... Read More
State of North Carolina Overlay Zoning Ordinances – Cities
Date Added: Sunday, May 7, 2017
Overlay District, State Land Use Law, Zoning    
North Carolina
State
North Carolina affirmatively grants cities the authority to employ overlay zoning at § 160A-382, the general statute that authorizes the creation of districts for zoning. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1 allows cities to create manufactured home overlay districts within defined areas of residential districts, and § 160A-400.4 allows their use for the designation of historic districts. Cities may not include in an overlay district land owned by the State of North Carolina w.. Read More
State of North Carolina Overlay Zoning Ordinances – Counties
Date Added: Sunday, May 7, 2017
Overlay District, State Land Use Law, Zoning    
North Carolina
State
North Carolina affirmatively grants counties the authority to employ overlay zoning at § 153A-342, the general statute that authorizes counties to create zoning districts. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1, which is made applicable to counties at § 153A-341.1, allows counties to create manufactured home overlay districts within defined areas of residential districts. Section 160A-400.4 allows the use of overlay districts for the designation of historic districts. Counties m.. Read More
State of North Carolina Regulation of Mountain Ridge Construction by Counties & Cities Ordinance
Date Added: Sunday, May 7, 2017
Ridgeline Protection, State Land Use Law    
North Carolina
State
Summary inserted Under the Mountain Ridge Protection Act, found within Chapter 113 at Article 14, cities and counties may regulate or ban the construction of buildings and other structures taller than 40 feet on “protected mountain ridges.”§ 113A-208. Section 113A-206 defines “protected mountain ridges” as those at least 3,000 feet above sea level and 500 feet above the adjacent valley floor, and a “ridge” as that portion of a mountain within 100 feet of its crest. Under § 113A-208(d), local governments may also protect lower mountain ridges, a.. Read More
State of North Carolina Scenic Resource Protection Ordinance
Date Added: Sunday, May 7, 2017
Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation    
North Carolina
State
At § 160A-402, the North Carolina General Assembly declares that “the rapid growth and spread of urban development in the state” is threatening many open spaces and areas that have significant “scenic or esthetic values,” and that cities and counties should have the authority to spend public funds to acquire property interests in such open spaces and areas to protect them. Open spaces and open areas are defined at § 160A-407(a) as “any space or area (i) characterized by great natural scenic beauty or (ii) whose existing openness, natural condit.. Read More
State of North Carolina Zoning Enabling Act
Date Added: Sunday, May 7, 2017
Local Boards, State Land Use Law, Zoning    
North Carolina
State
Grant of power Section 153A-340 permits, but does not require, counties to pass zoning ordinances for the purpose of promoting health, safety, morals, or the general welfare of the community. These ordinances may regulate and restrict the size, location, and use of buildings and other structures; the percentage of lots that may be occupied; the size of yards and other open spaces; and population density. This section also allows counties to provide density credits or severable development rights pursuant to § 136-66.10 or § 136-66.11, and to.. Read More
State of North Carolina Statutory Rules Ordinance – Cities
Date Added: Sunday, May 7, 2017
Local Governance, State Land Use Law    
North Carolina
State
In 1971, North Carolina adopted a legislative rule of broad construction of powers delegated to cities. Section 160A-4 provides that “the cities of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of the city charters shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.” .. Read More
State of North Carolina Statutory Rules Ordinance – Counties
Date Added: Sunday, May 7, 2017
Local Governance, State Land Use Law    
North Carolina
State
In 1973, the North Carolina General Assembly adopted § 153-4, which provides that “the counties of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of local acts shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.” Thus counties are granted the same legislative rule of broa.. Read More
State of North Carolina Stormwater Management Ordinance
Date Added: Sunday, May 7, 2017
State Land Use Law, Stormwater Management    
North Carolina
State
Under § 160A-312, cities have the authority to own, maintain, and operate “public enterprises” inside or outside their corporate limits, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which cities have such authority. § 160A-311(10). Under § 160A-314, cities have the power to fix and en.. Read More
State of North Carolina Stormwater Management Ordinance – Counties
Date Added: Sunday, May 7, 2017
State Land Use Law, Stormwater Management    
North Carolina
State
Under § 153A-275, counties have the authority to own, maintain, and operate “public enterprises” inside or outside their borders, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which counties have such authority. § 153A-274(7). Under § 153A-277, counties have the power to fix and enforc.. Read More
State of North Carolina Subdivision Regulations Ordinances
Date Added: Sunday, May 7, 2017
State Land Use Law, Subdivision Approvals, Subdivision Regulations    
North Carolina
State
Section 153A-330 authorizes counties to regulate subdivisions, which are defined by § 153A-335 as the sale of two or more lots of less than 10 acres from previously undivided land, excluding the division of less than two acres into no more than three lots. If a county has chosen to zone only portions of its jurisdiction, it may adopt subdivision regulations that apply only within those portions. Section 153A-331 allows counties to include provisions in their subdivision ordinances to ensure the following: the public dedication or reservation of.. Read More
State of North Carolina Tree Preservation Ordinance
Date Added: Sunday, May 7, 2017
State Land Use Law, Tree Preservation & Protection    
North Carolina
State
North Carolina does not have specific enabling legislation allowing cities and counties to regulate tree preservation. Nevertheless, a number of local governments have passed ordinances dealing with tree preservation, including the Cities of Charlotte and Greensboro. The City of Greensboro cited its general power to pass ordinances under § 160-174 as authority for creating its Advisory Commission on Trees, which manages its Tree Preservation Ordinance. GREENSBORO, NC CODE §§ 30-9-13 et. seq., §§ 30-5-4... Read More
State of North Carolina Watercourse Protection Ordinance
Date Added: Sunday, May 7, 2017
Buffer Zones, State Land Use Law, Wetlands & Watercourse Protection    
North Carolina
State
Watercourse protection in North Carolina falls primarily to the North Carolina Department of Environment and Natural Resources (DENR), although local governments may apply for a limited role. DENR is responsible for promulgating rules for riparian buffer protection to safeguard watercourses. Under § 143-214.23, a local government may request that DENR delegate responsibility for implementing any riparian buffer protection programs the Department may implement. Additionally, DENR administers the Natural and Scenic Rivers Act of 1971, located .. Read More
State of North Carolina Wetlands Protection Ordinance
Date Added: Sunday, May 7, 2017
State Land Use Law, Wetlands & Watercourse Protection    
North Carolina
State
Cities and counties have a fairly limited role in wetlands protection. The provisions for North Carolina’s Wetlands Restoration Program are found at §§ 143-214.8 to 214.13 within Article 21 of Chapter 143. It is a statewide, non-regulatory program established within and operated by the North Carolina Department of Environment and Natural Resources (DENR) for the purposes of restoring wetlands and replacing critical wetlands functions. § 143-214.8, § 143-214.9. As part of the program, DENR manages a Wetlands Restoration Fund, through which local.. Read More
State of North Carolina Wildlife Habitat Protection Ordinance
Date Added: Sunday, May 7, 2017
State Land Use Law, Wildlife & Fish Habitat    
North Carolina
State
Cities and counties have some authority over wildlife habitat protection by virtue of their ability to implement watershed improvement projects, which are defined at § 139-3(17) as those involving flood prevention, drainage improvement, water supply, soil and water conservation, recreation facilities, fish and wildlife habitat, or other related purposes. (See Watershed Planning, above.) However, North Carolina gives primary responsibility for protecting wildlife habitat to the state-level Natural Heritage Program under the Nature Preserves Act,.. Read More
Town of New Paltz Steep Slope Protection Ordinance
Date Added: Monday, May 8, 2017
Erosion & Sedimentation Control, Flood Prevention, Scenic Resources, Steep Slope Protection, Wildlife & Fish Habitat, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection    
New York
Municipal
This law is designed to protect the physical and aesthetic integrity of steep sloping topographic features in the Town of New Paltz. To this end, the law places restrictions on the construction methods used by builders in sensitive areas, and creates a permit process one must go through to get approval to build. .. Read More
Town of New Windsor Stormwater Management & Stormwater Pollution Prevention
Date Added: Monday, May 8, 2017
Local Environmental Law, Stormwater Management, Watershed Protection    
New York
Municipal
This law adopts minimally acceptable stormwater management standards which must be met for subdivisions, site plans, and construction projects which impact more than one acre of property within the bounds of the Town. .. Read More
Town of North Hempstead Planned Unit Development District
Date Added: Monday, May 8, 2017
Comprehensive Planning, Subdivision Regulations    
New York
Municipal
Chapter 79, Article XD requires certain zoning specifications for The Planned Unit Development District (PUD). These specifications relate to: landscaping, water conservation, utilities, sewage, disposal, garbage and refuse facilities, signs and fences and other aspects of the PUD. In erecting the development, building’s population, density, height, plot area, setbacks, lot coverage, and parking facilities must all be considered. .. Read More
Township of Harrison Steep Slope Regulations
Date Added: Tuesday, May 9, 2017
Ridgeline Protection, Steep Slope Protection    
New Jersey
Municipal
This law provides regulations for preventing erosion from developments built on slopes greater than twenty percent... Read More