Transfer of development rights offers communities a way of saving environmentally sensitive areas, farmlands, historic landmarks, and other important resources. A look at how TDR programs work, and what makes some more successful than others.
Land Use Law
An understanding of basic land use law principles is essential to the job of the planner — and planning commissioner.
Continue to older articles & posts — or return to newer ones — where you see the green buttons at the bottom of the page.
Dealing with wireless towers: telecommunications consultant Ben Campanelli discusses planning strategies for dealing with wireless tower applications; and attorneys Todd Hunt and Brian Sullivan look at the Telecommunications Act of 1996.
Ways in which planning boards can improve their dealings with attorneys.
The growth of the property rights movement has been reflected in court decisions and legislative enactments — and has affected local land use regulation. Professor and attorney Irving Schiffman offers guidelines for planners in responding to the property rights challenge.
Attorney R.J. Lyman reviews the basics of performance guarantees, including surety bonds, letters of credit, and escrows.
Attorneys Christopher J. Duerksen & Richard J. Roddewig provide a basic introduction to “takings” law and its relationship to planning.
Attorney Mary McMaster provides an overview of “planned unit developments,” including considerations in preparing a PUD ordinance.
Attorneys Thomas Cody & Dwight Merriam discuss this significant U.S. Supreme Court ruling involving “takings.”
Attorney Christopher Duerksen examines zoning for aesthetics, and offers some guidance for communities thinking of drafting aesthetic-based regulations.
Attorneys Martin Leitner and Elizabeth Garvin provide a planning law primer on subdivision regulation — and some background on how subdivision regulation has evolved.
Courts are increasingly scrutinizing written findings in local land use decisions. Attorneys Gary Kovacic and Mary McMaster provide guidelines for planning commissions and boards when drafting land use findings.
Is helping to ensure that your zoning code allows for affordable housing one of your ethical obligations as a planning commissioner?
Mediation is increasingly being used to deal with difficult land use disputes. A look at how land use mediation works and when it is most effective.