News & Analysis as of

State and Local Government Construction Project Zoning Laws

Ballard Spahr LLP

Case Study: Innovative Affordable Housing Financing in Fairfax County, Virginia

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A major affordable housing development underway in Fairfax County, Virginia, is setting a new precedent for large-scale, multi-phase transactions in high-cost suburban markets. Located adjacent to the County’s Government...more

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

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The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times.  And when a project’s proposed use is not automatically authorized...more

DLA Piper

Major pro-housing CEQA reform legislation signed into California law

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On June 30, 2025, California Governor Gavin Newsom signed into law Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), both of which took effect immediately....more

Allen Matkins

Now Effective: Builder’s Remedy 2.0

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AB 1893 (Wicks) significantly modified the so-called “Builder’s Remedy” under the Housing Accountability Act (Gov. Code § 65589.5) (HAA) effective January 1, 2025. As explained in our prior legal alert, the Builder’s Remedy...more

Allen Matkins

SB 937: Deferral of Residential Development Impact Fees

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Senate Bill (SB) 937 (Wiener) went into effect on January 1, 2025. SB 937 eases the financial burden on residential developers by prohibiting local agencies from imposing fees on specified residential development projects...more

Pullman & Comley - For What It May Be Worth

Connecticut Focuses on Streamlining/Incentivizing Commercial to Residential Building Conversions

As part of an ongoing effort to address the affordable housing shortage, the Connecticut General Assembly has passed Senate Bill No. 1444 which is designed to facilitate the conversion of certain buildings to residential use....more

Akerman LLP

Community Groups and Elected Officials Sue to Set Aside "City of Yes"

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On March 25, a group of civic associations, elected officials, and individual petitioners filed a proceeding in the Supreme Court, Richmond County, under Article 78 of New York’s Civil Practice Law and Rules (CPLR), seeking a...more

Ballard Spahr LLP

Seattle Passes Bill to Incentivize “Office-to-Residential” Conversions

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The Seattle City Council passed Council Bill 120937 on February 11, 2025, aimed to encourage developers and commercial property owners to convert underutilized commercial properties into residential housing. Set to take...more

Pierce Atwood LLP

Mass. "Unlocking Housing Production Commission” Recommends Land Use and Zoning Reforms

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Last Friday, Massachusetts’ “Unlocking Housing Production Commission,” established by Gov. Maura Healey in October, 2023, released its report titled “Building for Tomorrow.” The report lays out a series of recommendations to...more

Meyers Nave

Los Angeles Mayor Karen Bass Issues Executive Order to Expedite Home Rebuilding After Devastating Fires - Meyers

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Following Governor Newsom’s recent Executive Order to assist those affected by the devastating wildfires in Los Angeles County, on Monday, LA Mayor Karen Bass issued her own emergency Executive Order designed to expedite the...more

Bilzin Sumberg

City of Miami Approves New Administrative Site Plan Review (ASPR) Process and Extends Life of Special Permits

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In an effort to streamline development approvals, the City of Miami has introduced a new Administrative Site Plan Review (ASPR) procedure to address projects that meet zoning requirements without requiring special permits....more

Bricker Graydon LLP

[Webinar] Blueprints for Growth: Key Trends and Strategies for Ohio Political Subdivisions in 2025 - January 15th, 10:00 am -...

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Dive into the essential issues shaping municipalities, villages, and local governments in 2025. Our experienced attorneys will present concise 15-minute sessions on key topics, including: 1. Introduction: Top 10 Things...more

Bricker Graydon LLP

[Event] Uniting for Action: A Discussion About Collaborative Solutions for South Central Ohio’s Housing Future - November 13th,...

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Local and state elected officials, community stakeholders, private developers, and employers are grappling with Ohio’s recognized lack of high-quality, workforce-attainable housing options. While Ohio has been successful in...more

Lowndes

Office of the Attorney General Releases Informal Opinion Shedding Light on the Meaning of “Mixed Use” Zoning Districts Under Live...

Lowndes on

The Live Local Act (Act), originally passed on March 29, 2023, was modified by SB328 on May 16, 2024. While the Act has been heralded as a solution to Florida’s affordable housing shortage, it has faced roadblocks since its...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

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

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Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more

Coblentz Patch Duffy & Bass

San Francisco Planning Commission Recommends Approval of Legislation to Further Ambitious “Housing For All” Plans and Downtown...

In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning...more

DarrowEverett LLP

If You Don’t Use It, You May Lose It: Land Development Approvals

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Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were...more

Brownstein Hyatt Farber Schreck

Land Use Bill Could Change How Local Governments Review New Housing Projects

Colorado Gov. Jared Polis’ wide-ranging land use bill targeting housing affordability was introduced on March 22, 2023, as SB 23-213, sponsored by Sen. Dominick Moreno (D-Adams) and Reps. Iman Jodeh (D-Arapahoe) and Steven...more

Cozen O'Connor

Council President Clarke Introduces District Overlay Requiring Affordable Housing in New Construction

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On October 20, Philadelphia City Council President Darrell Clarke introduced legislation that would institute mandatory inclusionary zoning in a portion of his district. The legislation would expand both requirements imposed...more

Bilzin Sumberg

City of Miami Real Estate Development Bonus and Incentive Programs

Bilzin Sumberg on

Under Miami 21, the City’s zoning code, analysis of a property is more involved than just maximum density and square footage. It is important to know the fine points of potential incentives and benefits available to maximize...more

Herbert Smith Freehills Kramer

Controversial Citywide Hotel Special Permit Enters Public Review

On May 3, 2021, the City Planning Commission referred out for public review a zoning text amendment that would require a special permit for the creation or material enlargement of transient hotels (Zoning Use Group 5) and...more

Farrell Fritz, P.C.

New York’s General Municipal Law §239-m “An Ounce of Prevention Is Worth A Pound of Cure”

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“An ounce of prevention is worth a pound of cure.” -Benjamin Franklin.  This pithy logic from Benjamin Franklin to prevent fires in colonial Philadelphia should serve as a reminder to municipal boards of the strict compliance...more

Farrell Fritz, P.C.

Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

Farrell Fritz, P.C. on

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the...more

Shumaker, Loop & Kendrick, LLP

Client Alert: What does the recent SC Court of Appeals case Jericho State Capital Corp. of Florida v. Chicago Title Insurance...

If you live in Charleston, South Carolina, for most of your life you have been hearing about the plans for I-526. A portion of “526,” as locals call it, was built in the 1990s - it linked West Ashley with North Charleston and...more

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