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Planning: Build-Out and Capacity Analysis
Date Added: Wednesday, October 7, 2015
Smart Growth, Build-Out Analysis, Capacity Analysis    
New Jersey
State
The Association of New Jersey Environmental Commissions put together a Smart Growth Survival Kit that includes documents on the Environmental Resource Inventory, Affordable Housing, the Master Plan, and using Ordinances to protect local natural resources. Planning: Build-Out and Capacity Analysis is a part of the Survival Kit which details what Build-Out and Carrying Capacity are as well as the steps that must be taken in order to complete the analyses. A Build-Out Analysis helps determine what a municipality will look like if all the vacan.. Read More
Manual of Build-Out Analysis
Date Added: Wednesday, December 2, 2015
Build-Out Analysis    
Massachusetts
State
The Manual of Build-Out Analysis is a detailed instruction on how to conduct a Build-Out Analysis broken down step-by-step, including a description of the data requirements, materials and techniques necessary to complete both the mapping and quantitative parts of the Analysis. The document is targeted for use by planning boards and commissions, groups concerned with growth management, and professionals in administrative and planning fields. Following the instructions set out in the Manual will result in a color-coded paper map and a numerical a.. Read More
The High Cost of Free Parking
Date Added: Wednesday, October 28, 2015
Parking    
California
State
This paper identifies free parking as the fundamental problem planners face with parking, and explores the consequences associated with it. Actual monetary cost as well as raised housing costs, and reduced urban density are all evaluated in relation to minimum parking requirements. The paper also provides information on how charging for curbside parking, as an alternative to minimum parking requirements, is more beneficial... Read More
Parking Policy for Transit-Oriented Development: Lessons for Cities, Transit Agencies, and Developers
Date Added: Wednesday, October 28, 2015
Transit Oriented Development (TOD), Parking    
California
State
Parking policy is a key factor that can improve the performance of rail transit and Transit Oriented Development (TOD). This article evaluated information and insights of three studies on residential TODs, office TODs, and joint development of transit agency station parking in California. Results from the literature review showed that TOD parking supply and pricing policy are seldom structured to support transit ridership goals. The author has formulated policy recommendations for transit agencies, cities, and developers to improve parking poli.. Read More
Manual of Best Practices for Transit-Oriented Development
Date Added: Wednesday, October 28, 2015
Site Design Standards, Transit Oriented Development (TOD), Transportation & Land Use Planning, Parking    
New Jersey
State
The Manual of Best Practices for Transit-Oriented Development is a guide that was developed to help New Jersey municipalities plan for high-quality transit-oriented development. The manual contains information on site design guidelines, architectural design guidelines, and parking guidelines. The standards contained in the manual are not mandatory and provide transit-supportive and pedestrian-friendly zoning text and guideline language that should be used to help municipalities structure plans and ordinances that fit their needs. .. Read More
Driving Urban Environments: Growth Parking Best Practices
Date Added: Wednesday, December 2, 2015
Smart Growth, Parking    
Maryland
State
Parking is one of the biggest challenges to smart growth because it consumes large amounts of land that could be developed. Parking requirements now drive many site designs and play a crucial role in financing for new developments. Maryland conducted a study which identifies and addresses best practices for three areas of parking challenges faced by developers, which are parking management, which identifies strategies to control the supply and demand for parking, parking design, which proposes strategies that reduce the aesthetic and environmen.. Read More
Planning for Transit-Friendly Land Use: A Handbook for New Jersey Communities
Date Added: Wednesday, December 2, 2015
Pedestrian Oriented Design (POD), Transit Oriented Development (TOD), Transportation Efficient Development, Parking    
New Jersey
State
New Jersey Transit created this handbook to assist in planning more pedestrian- and transit-friendly communities. It emphasizes four strategies that can accomplish this goal: organizing land uses to support transit, emphasizing pedestrians (and other non-motorized modes of access), “taming” the automobile, and creating a sense of place and a sense of stewardship. Users are provided with a flow chart to best utilize the tools provided in the handbook, such as model ordinances, to fit the needs and accomplish the goals of individual communities i.. Read More
Building a Transit-Friendly Community
Date Added: Wednesday, December 2, 2015
Transit Oriented Development (TOD), Parking    
New Jersey
State
This report is based on key findings and conclusions from NJ Transit’s “Transit-Friendly Communities for New Jersey” pilot community program. The report takes those lessons and translates them into helpful information to guide and assist other communities’ efforts for transit-friendly development, on topics such as access, development, and parking. The process used is broken down into steps to assist other communities in getting the process started... Read More
Eliminating Barriers to Transit-Oriented Development
Date Added: Wednesday, December 2, 2015
Transit Oriented Development (TOD), Parking    
New Jersey
State
In New Jersey, two of the main barriers to implementing Transit Oriented Development (TOD) are community concern about new development potentially causing parking problems and increased traffic and negative fiscal impacts due to increased school enrollment. In order to determine if those concerns were warranted, this report studied differences between households located within a half mile radius of ten selected rail stations in New Jersey and those located in the nearby region. This report compared auto use, auto ownership, parking use, and sch.. Read More
Transit oriented Development Design Guidelines
Date Added: Wednesday, November 4, 2015
Transit Oriented Development (TOD)    
Florida
State
The Transit Oriented Development (TOD) Design Guidelines developed by the Florida Department of Transportation to provide a framework for TOD development in Urban Core, Urban General, Suburban, and Rural transects. The document contains a chart detailing the type of transportation methods that are feasible in the different transects as well as a chart for each transect that contains design guidelines for gross density indicators, intensity/density of use, parking, mixed use and diversity, and street network to be used by communities in developi.. Read More
Guidance for Developing Watershed Implementation Plans in Illinois
Date Added: Wednesday, November 4, 2015
Watershed Planning, Watershed Protection    
Illinois
State
This Watershed Implementation Plan (WIP) “Guidance Document” is designed to provide tools for watershed planning groups and in turn, devise a comprehensive WIP for their watershed. The guide provides for what should be in a WIP, as well as a format that will help to improve consistency among WIPs developed throughout Illinois. The Guide addresses water quality through examination of its chemical, biological, and physical/habitat integrity... Read More
Standards of the Connecticut Gateway Commission
Date Added: Wednesday, February 10, 2016
Timber Harvesting, Conservation Districts & Subdivisions    
Connecticut
State
This ordinance establishes standards for building within a designated “conservation zone.” Activities regulated include design of buildings, height, setback distance, and as well as land coverage... Read More
Washington State Environmental Policy Act
Date Added: Wednesday, February 24, 2016
Environmental Impact Review Requirements    
Washington
State
The State Environmental Policy Act (SEPA) seeks to consider the environmental impacts of government decisions and requires a review of various activities or projects in order to assess the proposal’s impact on the environment. Land, air, water, plants/animals, as well as impacts of noise, traffic, utilities, aesthetics, recreation and housing must be considered under this act. Counties throughout the state are working to coordinate their efforts at meeting the requirements of the Growth Management Act and SEPA. .. 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 New York Local Leaders Guide to Comprehensive Planning
Date Added: Wednesday, March 2, 2016
Comprehensive Planning    
New York
State
This instructional paper gives local leaders an overview of ways in which to implement comprehensive planning in their communities. The paper covers such topics as: a definition of comprehensive planning, the purpose of developing a comprehensive plan, how and when to implement the plan, the authority under which communities are able to implement the plan, and a description of what limitations and concerns may come up. .. Read More
State of New York Local Leaders Guide to Moratorium on Development
Date Added: Wednesday, March 2, 2016
Comprehensive Planning, Local Boards, Moratoria    
New York
State
This instructional paper gives local leaders an overview of ways in which to implement a moratorium on development in their communities. The paper covers such topics as: defining moratoria on development, the purpose of creating a moratorium on development, how and when to implement the moratorium, the authority under which communities are able to implement the moratorium, a description of what limitations and concerns may come up, and examples of municipalities putting moratoria into action. .. Read More
State of New York Series I: Basic Tools and Techniques Issue Number 3 Local Boards and Practices
Date Added: Wednesday, March 2, 2016
Land Use Planning, Local Boards    
New York
State
The New York state legislature has created a system of local boards to govern the use and conservation of land and the quality of life as it is affected by land use. The local legislature adopts zoning and land use regulations; after a zoning code is adopted by this first group, a zoning board of appeals is created to perform quasi-judicial and administrative functions; and a planning board is created to perform advisory and administrative functions related to community planning and land use decision-making... Read More
Accessory Uses of Land in New York State
Date Added: Wednesday, March 2, 2016
Accessory Uses , Local Boards, Zoning    
New York
State
Accessory Uses of Land in New York State, by Jeffery B. Durocher, explains how local communities take different approaches to permitting accessory uses of land, using the test of whether the proposed use is incidental and customary to the primary use of the land. The article also explains that religious and educational uses are usually permitted in residential areas because they contribute to the general welfare... Read More
How Can a Community Create Affordable Housing Opportunities?
Date Added: Wednesday, March 2, 2016
Affordable Housing    
New York
State
New York does not allow municipalities to use zoning laws to discriminate on race or socioeconomic standing. Analysis of case law shows a trend of encouraging development of affordable housing, though New York does not expressly forbid exclusionary zoning... Read More
New York’s Second Land Use System: A Description of New York City Land Use Law
Date Added: Wednesday, March 2, 2016
Land Use Planning, Local Boards, Zoning    
New York
State
Kathryn M. Ryan’s paper describes New York City's complex zoning regulations. Its purpose is to condense and explain the most important features of that code in a digestible format. It relies heavily on materials to be found on a variety of the City’s web pages, including that of the Department of City Planning, some of which is presented here verbatim... Read More
New York State Town Law: § 272-a. Town Comprehensive Plan
Date Added: Wednesday, March 2, 2016
   
New York
State
This ordinance authorizes Town Boards in New York State to create comprehensive plans. Legislative findings and intent are given along with a description of the content of a town comprehensive plan, preparation of such a plan, referrals of comprehensive plans, public hearings and notice, adoption of town comprehensive plans, environmental review of plans, agricultural review and coordination, periodic review, effect of adoption of the town comprehensive plan and regulations for filing a town comprehensive plan. .. Read More
State of Pennsylvania Right-to-Farm Ordinance
Date Added: Monday, March 21, 2016
Right-to-Farm    
Pennsylvania
State
This statute sets forth Pennsylvania’s right-to-farm policy. The statute describes the issues that excessive development poses for agricultural areas and establishes goals to decrease the loss of farmland and prevent nuisance lawsuits against legitimate farming land uses... Read More
Massachusetts Model Solar Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations
Date Added: Monday, July 11, 2016
Solar Energy, Zoning    
Massachusetts
State
The Massachusetts Executive Office of Environmental Affairs’ Department of Energy Resources developed a model zoning bylaw that defines large-scale ground-mounted solar photovoltaic installation as solar photovoltaic systems that are structurally mounted on the ground (not roof-mounted) that have a minimum nameplate capacity of 250 kW DC... Read More
Vermont Employment Growth Incentive
Date Added: Monday, September 26, 2016
Development Standards    
Vermont
State
The Vermont Employment Growth Incentive (VEGI) was created to encourage job creation in Vermont by a Vermont company, a Vermont division of a company that plans to grow and expand in Vermont, a company considering locating a new business or division in state, or Vermont start-up business activity. The VEGI program provides incentives from the State of Vermont to businesses to encourage prospective economic activity in Vermont that is beyond an applicant’s “organic” or background growth and that would not occur except for the incentive provided... Read More
Template Solar Energy Development Ordinance for North Carolina
Date Added: Wednesday, June 29, 2016
Solar Energy    
North Carolina
State
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems, in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 Solar Energy Systems include those that are “ground-mounted on an area of up to 50 [percent] of the footprint of the primary structure on the parcel but no more than [one] acre,” and Level 2 Solar Energy Systems are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 ac.. Read More
New York State Constitution Article I Section 7
Date Added: Monday, October 17, 2016
Land Acquisition    
New York
State
Article I Section 7 of the NY State Constitution relates to eminent domain. Along with eminent domain and private property in general, the legislature establishes that private roads may be opened upon a jury determination. In addition, Article 7 establishes that construction and maintenance of the drainage systems for swamp and agricultural lands is permissible even when those lands are privately owned. Rules regarding compensation under these circumstances are also presented in this article... Read More
New York State General City Law: § 21 Public or Municipal Purpose & General Welfare Defined
Date Added: Thursday, March 2, 2017
Local Boards, Local Governance    
New York
State
This law sets forth the definitions for “public or municipal purpose” and “general welfare.” .. Read More
State of New York Training Requirements for Zoning Board & Planning Board Members
Date Added: Wednesday, January 25, 2017
Local Boards, Local Governance    
New York
State
This Bill requires land use training zoning board and planning board members in New York State... 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
New York State Constitution Article IX. Local Governments
Date Added: Thursday, January 26, 2017
Local Boards, Local Governance    
New York
State
Article IX of the Constitution of the State of New York defines the peripheral rights delegated to local government. The local government shall have a legislative body, controls the election planning elected by the people or appointment, allocate funding for the local government, and confer powers to the local government regarding enactments of laws and statutes... Read More
New York State General City Law: Article 2-A. Powers of Cities; § 19 General Grant of Powers
Date Added: Thursday, March 2, 2017
Local Boards, Local Governance    
New York
State
According to this New York State law, every city is granted the power to regulate, manage and control its property and local affairs... Read More
New York State General City Law: Chapter 21; Article 3 Official Maps & Planning Boards; § 27 Planning Board, Creating & Appointing
Date Added: Thursday, March 2, 2017
Local Boards, Local Governance    
New York
State
This law authorizes cities in New York State to create Planning boards, and describes the appointment procedures for these boards. The law specifies such things as what persons are eligible for positions on the Planning Boards, what the term of service should be for these positions, the size of the Boards, and the voting procedures. .. Read More
New York State Town Law: § 267-b. Permitted Action by a Town Board of Appeals
Date Added: Thursday, March 2, 2017
Local Boards, Local Governance    
New York
State
This law describes the procedures to be used by Zoning Boards of Appeals in towns within New York State. The topics covered include: orders, requirements, decisions, interpretations, determinations, use variances, area variances, and imposition of conditions. .. Read More
New York State Town Law: § 271. Town Planning Board, Creation & Appointment
Date Added: Thursday, March 2, 2017
Local Boards, Local Governance    
New York
State
This law describes the creation and appointment procedures for Planning Boards in Towns located in New York State. The law specifies such things as: what persons are eligible for positions on the Planning Boards, what the term of service should be for these positions, the size of the Boards, and the voting procedures. .. Read More
New York State Town Law: § 282. Court Review
Date Added: Thursday, March 2, 2017
Local Boards, Local Governance    
New York
State
This law describes the procedure for appealing an adverse decision made by a town zoning board. All appeals are reviewed by a special term of the supreme court in the manner provided by article seventy-eight of the civil practice law and rules. .. Read More
New York State Town Law: § 283. Issuance of Licenses and Permits in Certain Towns
Date Added: Wednesday, March 15, 2017
Local Boards, Local Governance    
New York
State
In towns which have a building department, which has been set up as an adjunct of the town planning board, this law gives authority to that department to issue all license or permits, and to collect whatever fees are required by law. .. Read More
New York State Statute of Local Governments: Chapter 58-A of the Consolidated Laws
Date Added: Wednesday, March 15, 2017
Local Governance    
New York
State
The Statute of Local Governments grants powers to local governments pursuant the State Constitution. These include, but are not limited to, the powers to adopt, amend and repeal ordinances, acquire real property, establish recreational facilities on the property, and administer rent in connection with the property. Local governments can also adopt zoning regulations and perform comprehensive planning work related to their jurisdiction. The legislature reserves several powers to enact laws including those laws relating to defense of state in .. Read More
State of New Jersey Riparian Buffer Conservation Zone Model Ordinance
Date Added: Wednesday, April 12, 2017
Buffer Zones, Local Environmental Law, Water Resource Protection    
New Jersey
State
This model ordinance provides a template for New Jersey municipalities wishing to implement a riparian buffer conservation zone to protect water resources and control flooding. The riparian buffer conservation zones are divided into three categories based on the natural characteristics of the water course, and each offering varying levels of protection. An overlay to the existing zoning districts is created; the provisions apply to any activity requiring a building permit, zoning variance, special exception, conditional use, or subdivision/la.. Read More
New York State Site Plan Review Ordinance
Date Added: Friday, April 14, 2017
Site Plan Approval    
New York
State
This law authorizes cities in New York State to undertake the process of Site Plan Review. The law sets forth criteria which city zoning boards may use when doing Site Plan Review, such as: parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified by the legislative body in such zoning ordinance or local law. The law also discusses other features of Site Plan Rev.. 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
New York Waterfront Revitalization of Coastal Areas & Inland Law
Date Added: Thursday, April 13, 2017
Coastal Protection, Waterfront Revitalization    
New York
State
This compilation of codes is intended to provide for State agencies acting in the coastal area the necessary framework for the consideration and application of the State's policies with respect to waterfront revitalization and coastal resources, as contained in article 42 of the Executive Law... Read More
Michigan Sample Conservation Easement
Date Added: Thursday, April 13, 2017
Open Space Preservation    
Michigan
State
This is a model conservation easement that demonstrates the necessary elements of a conservation easement. Particular sections are specific to Michigan, but the general format may be followed in other states. .. Read More
New York State General City Law Subdivision Review; Approval of Plats; Development of Filed Plats Ordinance
Date Added: Friday, April 14, 2017
Subdivision Approvals    
New York
State
Chapter 21, Article 3, § 32 of the General City Laws provides the planning board with the authority to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways. The section also defines the approval, certification and filing procedures for preliminary and final plats... Read More
New York State General City Law Subdivision Review; Approval of Plats; Additional Requisites Ordinance
Date Added: Friday, April 14, 2017
Subdivision Approvals    
New York
State
Chapter 21, Article 3, §33 of the General City Laws requires land shown on a plat to meet all health, safety and welfare requirements before it can be approved by the planning board. The section also includes additional requirements for streets and highways, monuments, zoning, parkland and residential units. The Zoning Board of Appeals can authorize an area variance for plats that do not comply with local ordinances, the Planning Board can waive certain requirements and a performance bond or other security can be furnished to the city by the ow.. Read More
New York State Town Law Subdivision Review; Approval of Plats; Development of Filed Plats
Date Added: Friday, April 14, 2017
Site Plan Approval    
New York
State
This law authorizes town planning boards to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, within parts of towns that are outside the limits of any incorporated villages. Covered topics include: authorization for review of previously filed plats, filing of certificate, definitions, approval of preliminary plats, approval of final plats, approval and certification of final plats, default approval of preliminary or final plat, filing of decision on final plat, notice to coun.. Read More
New York State Town Law Subdivision Review; Approval of Plats; Additional Requisites Ordinance
Date Added: Friday, April 14, 2017
Subdivision Approvals    
New York
State
This law authorizes Town Boards in New York State to do Subdivision Review. The topics covered include: the purpose, additional requirements, compliance with zoning regulations, reservation of parkland on subdivision plats containing residential units, character of development, application for area variance, installation of fire alarm devices, performance bonds or other securities and provision of improvements by town. .. Read More
New York State Tax Exemption for Wind Energy Systems
Date Added: Friday, April 14, 2017
Wind Energy    
New York
State
This NY state law provides a tax exemption for person with wind energy systems on their property if they were built before 1988 or between 1991 and 2011. The law exempts the property owner to the extent that the property value increases because of the presence of a wind energy system for a period of 15 years. A municipality has the authority to remove the exemption for any wind energy system constructed after 1991. If a municipality has not removed exemption, it may require the owner of property to enter a PILOT agreement for a term of no more.. 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
New York State Town Law: § 261-b. Incentive Zoning
Date Added: Sunday, August 28, 2016
Incentive Zoning    
New York
State
This law grants incentive zoning power to Towns in New York State. Incentives (also known as bonuses) are defined as: “adjustments to the permissible population density, area, height, open space, use, or other provisions of a zoning ordinance or local law for a specific purpose authorized by the town board. The law also discusses such topics as the authority and purposes of Incentive Zoning, and the implementation of Incentive Zoning. .. 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
California Land Conservation Act
Date Added: Wednesday, February 10, 2016
Agriculture, Farmland Protection & Preservation    
California
State
The California Land Conservation Act provides the authority for cities and counties to establish agricultural preserves to protect agricultural land uses. The Act permits cities and counties to enter into renewable contracts with landowners to designate land uses for a given parcel... Read More
State of New York Coordination with Agricultural Districts Program
Date Added: Wednesday, March 2, 2016
Agriculture, Farmland Protection & Preservation    
New York
State
This law states that local governments shall not pass rules or regulations that unreasonably restrict farm structures or practices unless they bear a direct relationship to public health and safety. Any application for development in an agricultural zone, or within five hundred feet of one, must include an agricultural data statement that the developer must send to the town board, planning board, or zoning board of appeals, as well as to the owner of the agricultural property. .. Read More
State of Pennsylvania Agricultural Security Areas Ordinance
Date Added: Wednesday, March 2, 2016
Agriculture, Farmland Protection & Preservation    
Pennsylvania
State
This statute provides the authority for cities and counties to establish agricultural preserves to protect agricultural land uses. The statute sets a general minimum acreage requirement of 250 acres but allows such districts to be composed of “any number of noncontiguous tax parcels or accounts.” The statute also describes fees, notice requirements, and duties of the reviewing board... Read More
New York State Statutes that Provide for the Protection of Agricultural Lands
Date Added: Wednesday, December 2, 2015
Agriculture, Farmland Protection & Preservation    
New York
State
Michael Morea’s article reviews different New York State statutes and different methods that can be implemented to preserve farmland and still allow development. The author concludes that New York State is trying to carry out its Constitutional policy of preserving farmland, but that the statutes are largely separated and it is difficult for the municipality to create a effective policy. Some of the statutes that the author discovered provide tax breaks and financial incentives for the creation of easements restricting the land to agricultural .. Read More
Washington State Growth Management Act
Date Added: Monday, March 21, 2016
Comprehensive Planning    
Washington
State
Under the Growth Management Act, cities and counties that meet designated population thresholds are required to adopt comprehensive plans. The Act establishes mandatory elements of comprehensive plans: land use; housing; capital facilities; utilities; rural; transportation; economic development; and park and recreation. .. 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
State of Kentucky Orientation & Continuing Education Training for Planning & Zoning Officials & Staff Ordinance
Date Added: Sunday, May 7, 2017
Local Boards, Mandatory Training    
Kentucky
State
This law requires land use training for planning and zoning board of appeals members in Kentucky. The law became effective on June 21, 2001... Read More
State of Nevada Training Requirements Ordinance
Date Added: Sunday, May 7, 2017
Local Boards, Mandatory Training    
Nevada
State
This law requires land use training for town advisory boards in Nevada... Read More
State of South Carolina Educational Requirements Ordinance
Date Added: Sunday, May 7, 2017
Local Boards, Mandatory Training    
South Carolina
State
This law requires land use training for members of planning and zoning boards of appeal and related employees in South Carolina. The law requires that planning board and zoning board of appeals members and employees attend an initial training program at the beginning of their tenure and then attend annual training programs thereafter. All programs must be approved by an advisory committee and the topic of the program can include land use planning, zoning, transportation, ethics, public hearing procedure, housing, land subdivision, and the pow.. Read More
State of New York Environmental Quality Review Ordinance
Date Added: Wednesday, May 3, 2017
Environmental Impact Review Requirements, Local Boards, Natural Resource Protection & Conservation    
New York
State
This law mandates that agencies within the state to require that an environmental impact statement be filed with them, before any person or business undertakes a project which may have potentially adverse environmental consequences. The law also describes the procedures for filing the impact statements and reviewing them. .. Read More
State of Florida State & Regional Planning – Findings & Intent Ordinance
Date Added: Thursday, May 4, 2017
Comprehensive Planning, Smart Growth, Transportation & Land Use Planning    
Florida
State
This Florida statute details the state’s legislative intent in promulgating planning and development statutes. Guidance is given to the constituent regions and municipalities to use in developing their own plans... Read More
State of Florida State Comprehensive Plan
Date Added: Thursday, May 4, 2017
Comprehensive Planning, Incentive Zoning, Smart Growth, Transportation & Land Use Planning    
Florida
State
Below is the State of Florida’s Comprehensive Plan. The plan provides an example of a state legislature’s attempt to guide its constituent regions and municipalities in their respective efforts towards planning and development. Elements of the Priority Growth District concept are present in this plan... Read More
State of New York General Municipal Law Tree Conservation Ordinance
Date Added: Friday, May 5, 2017
Erosion & Sedimentation Control, Landscaping, Right-to-Farm, Tree Preservation & Protection    
New York
State
This law empowers local legislative bodies of any county, city, town or village in New York State to provide for the protection and conservation of tress and related vegetation. This power is granted on top of any other land use and zoning powers these municipalities may have. .. Read More
Land Use Law Center’s Model Critical Environmental Area Overlay District
Date Added: Sunday, May 7, 2017
Overlay District, Wildlife & Fish Habitat, Natural Resource Protection & Conservation    
New York
State
The following is a model law that can be used by municipalities to protect wildlife habitat and other critical environmental areas. .. 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
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
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
State of Louisiana Green Space Ordinance
Date Added: Saturday, May 6, 2017
Land Use Planning, Local Environmental Law, Wetlands & Watercourse Protection    
Louisiana
State
This model law provides a template for Louisiana parishes wishing to implement a green space ordinance to preserve water resources. The model law creates a servitude on the property between the property owner and the parish government and is a mandatory prerequisite for the issuance of any and all building permits. The servitude provides for a certain percentage of land on a property that shall remain in a natural, undisturbed or revegetated state, and allows the parish to enter the land for random inspections or following a complaint; the pa.. Read More
New York State Municipal Home Rule Law – General Powers of Local Governments to Adopt & Amend Local Laws; Restrictions
Date Added: Saturday, May 6, 2017
Land Acquisition, Local Boards, Local Governance, Transportation & Land Use Planning, Street & Sidewalk Development    
New York
State
Municipal Home Rule Law Chapter 36-A Article 2 Section 10 articulates the powers of local county, city, town, or village governments to include: acquisition and care of highways, roads, streets, avenues, and property; acquisition of transit facilities; collection, fixing, and administration of local government rentals, charges, rates or fees; and regulation or licensing of businesses and occupations. Section 11 outlines the restriction of powers of local county, city, town, or village governments to adopt local laws, including: the regulation o.. 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 Sexually Oriented Business Ordinance
Date Added: Sunday, May 7, 2017
Adult Entertainment, State Land Use Law, Regulating Signs & Outdoor Advertising    
North Carolina
State
Under § 160A-181.1(c)(2), cities and counties in North Carolina have explicit authorization to regulate signs and outdoor advertising dealing with sexually oriented businesses. Additionally, under § 121.35, local governments may use conservation agreements to limit signs, billboards or other advertising. (See Conservation Easements, above.) Even in the absence of other overt authority, however, local governments have broad powers in this area, apparently derived from their police powers. See, e.g., Summey Outdoor Advertising, Inc. v. County of .. 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
State of New Hampshire State Land Use Enabling Act
Date Added: Sunday, May 7, 2017
Comprehensive Planning, Land Use Planning, Local Governance, State Land Use Law    
New Hampshire
State
New Hampshire does not require local governments to adopt zoning, but if a local government chooses to zone it is required first to adopt a master plan. The master plan must include a vision section and a land use element. It may also include transportation, community facilities, economic development, natural resources, natural hazards, and recreation elements. The state’s grant of power to local governments extends the purposes of the Standard State Zoning Enabling Act to expressly include the use of innovative planning techniques and the use.. Read More
New York State Coastal Erosion Hazard Areas Act
Date Added: Monday, May 8, 2017
Coastal Protection, Development Standards, Erosion & Sedimentation Control, State Land Use Law, Wildlife & Fish Habitat, Natural Resource Protection & Conservation    
New York
State
The statute calls for the identification and mapping of coastal erosion hazard areas within the state by the commissioner of the state Department of Environmental Protection (DEP) and for local governments to formulate an erosion hazard area ordinance or local law, to be reviewed by the commissioner. The commissioner also adopts regulations establishing minimum standards for development in erosion hazard areas. Any person wishing to undertake development in an erosion hazard area must obtain a permit from the DEC... Read More
New York State Land Use Enabling Acts
Date Added: Monday, May 8, 2017
Land Use Planning, Local Governance, State Land Use Law, Zoning    
New York
State
Parallel provisions of New York State’s Town, Village, and General City Law grant local governments powers to zone similar to those granted by the Standard State Zoning Enabling Act (SZEA) promulgated by the U.S. Department of Commerce in the 1920s. New York State encourages, but does not require, local governments to adopt comprehensive plans, and state statutes enumerate 15 topics that may be included in comprehensive plans. Local governments have considerable additional powers to regulate local land use under the home rule provisions of the .. Read More
State of New York Long Island Pine Barrens Maritime Reserve Act
Date Added: Monday, May 8, 2017
Comprehensive Planning, Land Use Planning, Local Boards, Scenic Resources, Natural Resource Protection & Conservation    
New York
State
This law creates the Long Island Pine Barren Maritime Reserve in Suffolk County, New York, in order to protect and preserve this area’s natural resources and scenic beauty. The law also sets forth the following: duties of the Long Island Pine Barrens maritime reserve council, a comprehensive management plan for the area, the duties of the Central Pine Barrens joint planning and policy commission, and a comprehensive land use plan for the area. .. Read More
State of New York Waterfront Revitalization of Coastal Areas & Waterways Ordinance
Date Added: Monday, May 8, 2017
Coastal Protection, Erosion & Sedimentation Control, Economic Development, Waterfront Revitalization    
New York
State
The Waterfront Revitalization of Coastal Areas and Waterways Law (Article 42) recognizes that the social and economic well being and general welfare of the people are dependent on the preservation, enhancement, protection, development and use of the natural and man-made resources of the state’s coastal area and inland waterways, including lakes, rivers, canals, as well as islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs and erosion prone area. The secretary will have the power and duties to oversee that coordinated and compre.. Read More
State of New York Freshwater Wetlands Regulations
Date Added: Monday, May 8, 2017
Erosion & Sedimentation Control, Recreational Uses, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection    
New York
State
Article 24-Title 7 of New York State Consolidated Laws promulgates the sustained and safe use of Freshwater and Wetlands in the Town. Under the law, any person that wishes to engage in any of the enumerated activities including: draining, dredging, dumping, filling, in wetland areas as designated by the official map, shall seek a permit which will either be granted or denied depending on the outcome of the local government or the commissioner’s consideration of the effect of the proposed activity with reference to the public health and welfare,.. Read More
State of New York Transfer of Development Rights Ordinance
Date Added: Monday, May 8, 2017
Purchase of Development Rights, Scenic Resources, Transfer of Development Rights (TDR), Natural Resource Protection & Conservation, Farmland Protection & Preservation    
New York
State
This law authorizes cities within New York State to transfer development rights with respect to parcels of land under zoning ordinances or local laws, and also governs the transfer of development rights between sending and receiving districts... Read More
State of New York Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017
Land Use Planning    
New York
State
This law expresses statutory authority for city governments in New York State to enter into agreements with one another for comprehensive planning and land use regulation in order to facilitate intergovernmental cooperation in an effective and efficient way... Read More
State of New York Official Map Changes Ordinance
Date Added: Monday, May 8, 2017
Development Standards, Official Map, Site Plan Approval, Zoning, Street & Sidewalk Development    
New York
State
This law authorizes city legislatures to change or add to the official map of the city in order to lay out new streets, highways parks and even drainage systems. Changes are made subject to adequate notice to those persons noted on last real property tax notice which is to be included in such proposed layout, and are subject to report by planning board who may forfeit right to suspend further action if no response is rendered within thirty days of such reference. Adopted changes become part of city’s official map and are deemed final... Read More
State of New York Hudson River Valley Greenway
Date Added: Monday, May 8, 2017
   
New York
State
This law is enacted to preserve and protect natural resources along the Hudson River Valley. The law creates and empowers both the Hudson River Valley Greenway Communities Council and the Greenway Heritage Conservancy for the Hudson River Valley, and gives these agencies the responsibility for carrying out the goals stated above. .. Read More
State of New York Indebtedness Provision for Public Services Ordinance
Date Added: Monday, May 8, 2017
Intermunicipal Agreements, Sewage Management, Stormwater Management, Drinking Water Protection & Conservation    
New York
State
This provision of the New York State Constitution allows the legislature to authorize any municipality or combination of two or more public corporations to contract indebtedness in order to supply public services. In certain circumstances, the provision also allows the municipalities in excess of its needs. Services addressed in this provision include: water supply, drainage, and sewage disposal... Read More
State of New York Bill of Rights for Local Governments
Date Added: Monday, May 8, 2017
Land Acquisition, Local Boards, Local Governance    
New York
State
The Bill of Rights for Local Government establishes the conditions under which local governments shall operate. In addition to procedures for the formation of local governments, this provision of the Constitution governs procedures regarding eminent domain, public utilities, and annexation of property... Read More
New York State Constitution Article on Conservation
Date Added: Monday, May 8, 2017
State Land Use Law, Tree Preservation & Protection, Transportation & Land Use Planning, Natural Resource Protection & Conservation, Conservation Districts & Subdivisions    
New York
State
The New York Constitution, Article 14, establishes that it is a function of the state government to provide for the protection of forested lands, but provides exceptions for the development of certain highways. This provision also designates provisions whereby these lands may be used on a limited scale for construction and maintenance of reservoirs and establishes how violations of this provision shall be handled... Read More
State of New York County Law – Reforested Lands Ordinance
Date Added: Monday, May 8, 2017
Land Acquisition, Open Space Preservation, Tree Preservation & Protection    
New York
State
This section of the General Powers of Board Supervisors gives the Board supervisors the power to purchase, acquire, or accept by gift lands for the purposes of reforestation. The ordinance establishes the procedures for taxation and assessment of the land as well as financial assistance procedures. .. Read More
State of New York Coastal Erosion Hazard Areas Act
Date Added: Monday, May 8, 2017
Coastal Protection, Erosion & Sedimentation Control    
New York
State
The purpose of this statute is to prevent coastal erosion from destroying natural resources, property, and human life. This statute states causes of erosion and presents policies to address erosion. The main focus is on the identification of coastal erosion hazard areas and the creation and implementation of local laws to address the problems in such areas. The state commissioner in consultation with local governments must identify hazard areas in the state and then hold public hearings before the final identifications are made. The commissi.. Read More
New York State Town Law – Zoning Board of Appeals
Date Added: Monday, May 8, 2017
Local Boards, Zoning    
New York
State
This section of the New York State Town Law empowers town boards to form a zoning board of appeals composed of three to five members. Furthermore, it establishes the procedure for appointment and removal of members, the length of terms for the members, and the duties of the chairperson... Read More
New York State Town Law – Board of Appeals Procedure Ordinance
Date Added: Monday, May 8, 2017
Local Boards, Zoning    
New York
State
This statute establishes the procedure that the Zoning Board of Appeals is required to follow. The procedure includes holding meetings that are open to the public and requiring the minutes of the meetings to become public record. The statute also establishes the appellate jurisdiction of the Zoning Board of Appeals and creates the procedure and time requirements for appeals to be filed... Read More
New York State Town Law – Article Seventy-Eight Proceeding Ordinance
Date Added: Monday, May 8, 2017
Local Boards, Zoning    
New York
State
This law creates a procedure through which a party may challenge the decision of the Zoning Board of Appeals. Persons aggrieved by a decision of the Zoning Board of Appeals may apply to the New York State Supreme Court for review through Article Seventy-Eight of the Civil Practice Law and Rules. Under this section, the Supreme Court is authorized to reverse, affirm, or modify a decision that is brought up for review... Read More
New York State Town Law – Ordinances & Licenses
Date Added: Monday, May 8, 2017
Comprehensive Planning, Local Boards, Local Governance, Street & Sidewalk Development    
New York
State
Article 9, sections 130-139 of New York Consolidated laws describes the authority town ordinances might have over building construction, maintenance, and removal; plumbing regulations; dwellings; sidewalks, streets, and highways; fire prevention; encroaching walls; pets and wildlife and other areas. The article also describes the procedures of effecting an ordinance, the issuing of licenses, and the role of the building inspector... Read More
New York State Town Law – Cluster Development Ordinance
Date Added: Monday, May 8, 2017
Clustering & Cluster Development, Transportation & Land Use Planning, Zoning    
New York
State
This New York State law is a model for state government seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Cluster Development is a tool for municipalities to utilize when working toward smart growth... Read More
New York State Town Law – Town Comprehensive Plan Ordinance
Date Added: Monday, May 8, 2017
Comprehensive Planning, State Land Use Law, Transportation & Land Use Planning    
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at developing local comprehensive plans... Read More
New York State Town Law – Incentive Zoning Ordinance
Date Added: Monday, May 8, 2017
State Land Use Law    
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their local zoning and planning efforts. Incentive Zoning is an implementation tool for municipalities to utilize in working toward smart growth... Read More
New York Town Law – Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017
Comprehensive Planning, Intermunicipal Agreements, Land Use Planning, State Land Use Law, Zoning    
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Intermunicipal cooperation in comprehensive planning and land use regulation allows municipalities to work together toward smart growth in the region... Read More
New York State Town Law – Planned Unit Development Zoning Districts Ordinance
Date Added: Monday, May 8, 2017
Land Use Planning, Planned Unit Development, State Land Use Law, Zoning    
New York
State
New York grants authority to local government to pass planned unit development ordinances. Other states may use this law as a guide when promulgating planned unit development statutes. Planned Unit Development Zoning Districts are implementation tools for municipalities to utilize in working toward smart growth... Read More
New York State Town Law – Grant of Power Ordinance
Date Added: Monday, May 8, 2017
Land Use Planning, Local Boards, State Land Use Law, Zoning    
New York
State
The following law grants authority to Town Boards in New York State to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes; provided that such regulations shall apply to and affect only such part of a town as is outside the limits of any incorporated village or city; provid.. Read More
New York State Town – Transfer of Development Ordinance
Date Added: Monday, May 8, 2017
Comprehensive Planning, Historic Preservation, Open Space Preservation, Scenic Resources, State Land Use Law, Transfer of Development Rights (TDR), Natural Resource Protection & Conservation    
New York
State
This law gives town boards in New York State the authority to provide for transfer of development rights. The purpose of providing for transfer of development rights is to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. .. Read More
New York State Town Law – Purposes in View Ordinance
Date Added: Monday, May 8, 2017
Comprehensive Planning, Disaster Management, State Land Use Law, Transportation & Land Use Planning, Zoning    
New York
State
This ordinance explains the purpose behind granting zoning and land use planning authority to municipalities in New York State. .. Read More
New York State Town Law – Adoption of First Zoning Ordinance
Date Added: Monday, May 8, 2017
Local Boards, State Land Use Law, Zoning    
New York
State
This ordinance requires town boards to appoint a zoning commission, whose responsibility is to recommend boundaries of districts and regulations to be enforced in those boundaries. .. Read More
New York State Town Law – Official Map, Establishment Ordinance
Date Added: Monday, May 8, 2017
Official Map, State Land Use Law, Zoning    
New York
State
This ordinance authorizes Town Boards in New York State to create official maps, which are to include streets, highways, parks, and drainage systems, by towns located in New York State. .. Read More
New York State Town Law – Official Maps, Changes Ordinance
Date Added: Tuesday, May 9, 2017
Official Map, State Land Use Law, Zoning    
New York
State
This law grants town boards the authority to make changes to their town’s official map. .. Read More
New York State Town Law – Site Plan Review Ordinance
Date Added: Tuesday, May 9, 2017
Local Boards, Site Plan Approval, Zoning    
New York
State
This law empowers Town Boards in New York state to conduct site plan review. The law contains instructions for towns to authorize planning boards to review proposed site plans, conduct public hearings, and make rulings as to approval (i.e. approval, approval with modification, conditional approval). Planning boards are also authorized to issue variances when public policy dictates. In addition, the law outlines other functions a planning board may perform, including: requiring reservation of parkland (or money in lieu thereof) or requiring the .. Read More