News & Analysis as of

Land Use Restrictions Zoning Laws

Stoel Rives - Renewable + Law

Klickitat County, Washington Proposes New Ordinance Severely Restricting Solar and Battery Energy Storage System (BESS)...

Klickitat County, Washington has proposed a new land use ordinance that, if passed, would impose sweeping restrictions on nearly all solar and battery energy storage system (BESS) development in the county. The ordinance,...more

Goulston & Storrs PC

Zoning Permits May Last Longer Than Expected Under Extension Acts

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Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield, 105 Mass. App. Ct. 518 (2025) - Palmer involved a dispute concerning the so-called “Permit Extension Act,” passed by the Massachusetts Legislature (the...more

Otten Johnson Robinson Neff + Ragonetti PC

National Zoning Atlas: Colorado Report Updated

The National Zoning Atlas (NZA) team is digitizing, demystifying, and democratizing information about zoning conditions in more than 33,000 jurisdictions in the United States.  Fully comprehending the zoning conditions of a...more

Lerch, Early & Brewer

City of Gaithersburg Launches “Build Gaithersburg 2040” Master Plan Update

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Earlier this year, Gaithersburg commenced an initiative called “Build Gaithersburg 2040” to update the city’s master plan. The update focuses on two key master plan elements – land use and transportation....more

Akerman LLP

New York City Council Approves Midtown South Mixed-Use Plan

Akerman LLP on

After securing the approval of the Zoning and Franchises Subcommittee, as well as the Land Use Committee of the New York City (NYC) Council on August 6, 2025, the full NYC Council voted on August 14, 2025, to approve the...more

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more

Lowndes

State Finds Vision 2050 to Be Void Ab Initio

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On July 28, 2025, the Florida Department of Commerce issued a letter to Orange County finding its Comprehensive Plan Amendment implementing Vision 2050 void ab initio, or invalid from the beginning....more

Holland & Knight LLP

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Holland & Knight LLP on

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the...more

Cozen O'Connor

Charter Amendments May Change NYC Council's Role in Land Use and Housing

Cozen O'Connor on

On July 21, 2025, the New York City Charter Revision Commission (CRC) voted to include five proposed amendments to the City Charter on this year’s New York City general election ballot, including measures that would expedite...more

Lowndes

Orange County Upholds Rural Boundary and Vision 2050 Plans Despite SB180 Concerns

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Orange County has voted not to repeal ordinances related to the County’s Rural Boundary/Rural Area, Lake Pickett Study Area, and Vision 2050/Orange Code. Despite concerns surrounding SB180, the Orange County Board of...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Shutts & Bowen LLP

Live Local Act Amendment

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The Governor has signed into law Senate Bill 1730 (“SB 1730”), which amends the Live Local Act (the “Act”). SB 1730 takes effect July 1, 2025....more

Allen Matkins

Challenging the Industrial Exodus: Legal Lessons from Santa Ana’s Planning Reboot

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The City of Santa Ana (City) has recently undertaken an ambitious — and highly controversial — effort to reshape the landscape of its historically industrial-centric Transit Zoning Code (TZC) district. Through the adoption of...more

Lowndes

Orange County BCC Adopted Vision 2050 and Orange Code on June 3, 2025

Lowndes on

Vision 2050 is a county-wide amendment to the state-mandated Comprehensive Plan. It was first transmitted to the state for comments by the Board of County Commissioners (BCC) on July 25, 2023. It was adopted on June 3 by a...more

Partridge Snow & Hahn LLP

Short Term Rentals in Rhode Island: Municipality Restrictions and Subsequent Litigation

The legality and regulation of Short Term Rentals, which in some municipalities are defined as “guest house” or “transient guest facility” uses (“STRs”), has, with the explosion in popularity and use of hosting platform...more

Pullman & Comley - For What It May Be Worth

Public Hearing on Connecticut Eminent Domain, Property Tax, Land Use Bills

On Monday, March 10, 2025, the Connecticut General Assembly’s Planning and Development Committee held a public hearing on the following eminent domain, property tax and land use bills of interest to the business community...more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

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Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

Womble Bond Dickinson

[Webinar] Data Center Legal Issues - December 18th, 11:00 am - 1:00 pm EST

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Join us for a Womble Bond Dickinson webinar tailored for private equity and data center professionals. Discover the latest legal insights and strategies to navigate the complex landscape. We will explore the critical legal...more

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Venable LLP

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

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

McGuireWoods LLP

Fairfax County Planning Commission Recommends Data Center Zoning Changes

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On June 6, 2024, the Fairfax County, Virginia Planning Commission recommended approval of zoning ordinance amendments that will create new restrictions for data centers. The proposed ordinance will permit by-right data center...more

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

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Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial...more

Venable LLP

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

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

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

Stark & Stark

Navigating Commercial Real Estate Litigation in Pennsylvania

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Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog...more

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