News & Analysis as of

State and Local Government Regulatory Requirements Zoning Laws

Falcon Rappaport & Berkman LLP

Too Close for Comfort: OCM’s School-Distance Mistake Puts 100+ Dispensaries at Risk

In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the...more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

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In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Davis Wright Tremaine LLP

Cutting Through California's Housing Crisis: Are New CEQA Exemptions Enough?

As discussed in our earlier post, California's CEQA landscape has rapidly, and potentially seismically, evolved with the passage of AB 130 and SB 131. This post focuses on the immediate creation of a new statutory exemption,...more

Shutts & Bowen LLP

Department of Commerce Denies Orange County’s Vision 2050 Development Plans

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On June 3, 2025, the Orange County Board of County Commissioners voted to adopt the County’s highly anticipated Vision 2050 Comprehensive Plan and accompanying Orange Code, setting a new regulatory framework to guide growth...more

Holland & Hart LLP

Siting Energy and Transmission Line Projects in Arizona: 2025

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While Arizona's patchwork of jurisdictions creates complexity, early engagement with regulators and careful project design can enable project proponents to navigate these challenges successfully, particularly given the...more

Foley Hoag LLP - Energy & Climate Counsel

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously...more

DLA Piper

Major pro-housing CEQA reform legislation signed into California law

DLA Piper on

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

Cole Schotz

Changes to New Jersey Requirements for Publication of Legal Notices

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On June 30th, bill No. 4654 was enacted making significant changes to the requirements for the publication or advertisement of legal notices including those required under the Municipal Land Use Law (“MLUL”). Historically...more

Allen Matkins

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

Allen Matkins on

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

Winthrop & Weinstine, P.A.

From Lottery to Launch: What Comes Next for Minnesota Cannabis Licensees

On June 5, 2025, the Minnesota Office of Cannabis Management (“OCM”) held its first lottery for applicants seeking cannabis business license types that are available in limited quantities. This marks the first grant of...more

Houston Harbaugh, P.C.

The Law of Unintended Consequences?

Houston Harbaugh, P.C. on

Pennsylvania Senate Bill 102 Moves Forward- On May 12, 2025, Pennsylvania Senate Bill 102 was referred to the Pennsylvania Senate Appropriations Committee. The draft legislation had originally been referred to the...more

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

2025 Louisiana Legislative Session: House Bill Proposed to Regulate Solar Facilities

House Bill No. 615 has been proposed in the 2025 Louisiana Legislative Session that would provide for the regulation of solar facilities. HB 615 would establish notice, permitting, and siting requirements for solar power...more

McGuireWoods LLP

Loudoun County Eliminates By-Right Use for Data Centers, Increasing Development Hurdles

McGuireWoods LLP on

At its March 18, 2025, business meeting, the Loudoun County Board of Supervisors voted 7-2 to approve a Zoning Ordinance amendment making data centers a special exception use in zoning districts in which they were previously...more

Otten Johnson Robinson Neff + Ragonetti PC

Uncertainty Around Implementation of House Bill 24-1313: Housing in Transit-Oriented Communities

Uncertainty Around Implementation of House Bill 24-1313: Housing in Transit-Oriented Communities - Last year, the Colorado legislature passed House Bill 24-1313 (the “Act”), which aimed to incentivize transit-oriented...more

McGuireWoods Consulting

2025 Data Center Policy Report

House Bill 1601/Senate Bill 1449 – Requires Virginia localities to have any application for a rezoning, special exception, or special use permit from a High Energy Use Facility (HEUF) (which is defined as a facility that will...more

McGuireWoods LLP

Arlington County Updates Administrative Regulation 4.1, Effective Mid- to Late March

McGuireWoods LLP on

On Feb. 20, 2025, the Arlington County Manager approved a significant update to Administrative Regulation 4.1, which governs the submission and review process for most real estate development in Arlington County....more

McGuireWoods LLP

Pending Virginia Site Plans, Special Permits and Special Exceptions to Expire July 1, 2025

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For the first time since 2009, the Virginia General Assembly has not extended the validity periods for all approved site plans, special permits and special exceptions. Under Code of Virginia Section 15.2-2209.1:1, all valid...more

Ballard Spahr LLP

The 60-Day Appeal Clock is Ticking for Challenges to Oregon Wildfire Hazard Map Assignments

Ballard Spahr LLP on

Oregon property owners who are receiving notices from the state that their property is in a zone with high wildfire risk and in a designated wildland-urban interface have until March 7, 2025 to submit appeals. ...more

Cole Schotz

Blogs | Environmental Coming This Summer! NJDEP’s New Climate Regulations Will Affect More Than The Jersey Shore

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The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more

McCarter & English, LLP

Massachusetts Releases Emergency Guidelines Concerning MBTA Communities Act Zoning

Massachusetts’s Executive Office of Housing and Livable Communities (EOHLC) issued emergency guidelines for the implementation and enforcement of the MBTA Communities Act, following on the heels of the Massachusetts Supreme...more

Lowndes

Recent Court Decisions Highlight Zoning Enforcement Challenges

Lowndes on

The Eleventh Judicial Circuit Court, sitting in its appellate capacity, recently found in two similar cases that Miami-Dade County violated property owners’ due process rights by citing them for code violations using...more

Mandelbaum Barrett PC

New Jersey CRC to Open Applications for Cannabis Consumption Areas: Key Details You Need to Know

Mandelbaum Barrett PC on

Applications for cannabis consumption area endorsements are set to open on January 2, 2025, creating regulated spaces for adults aged 21 and older to consume cannabis products purchased at licensed dispensaries. The New...more

Sheppard Mullin Richter & Hampton LLP

City of Yes for Housing Opportunity Update

On November 21, 2024, the Zoning and Franchises Subcommittee (by a vote of 4-3) and Land Use Committee (by a vote of 8-2 and one abstention) approved the City of Yes for Housing Opportunity text amendment (COYHO), with...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Sullivan & Worcester

Housing Bill Becomes Law, But It’s Not Just About Housing

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On Tuesday, August 6th, Governor Healey signed into law House Bill 4977, “An Act relative to the Affordable Homes Act.” The 181-page Bill provides for $5.1 billion in capital funding to support housing production and...more

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