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Search Results for Topic : State Land Use Law

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 – 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 – 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 – 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 – 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 – 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 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 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 – 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 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 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
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
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
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
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
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 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
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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