2005-5-24: Massachusetts: Land Use Reform, Again.
After a rather disappointing legislative session last year, proponents
of reforming the state's antiquated land-use laws are ready to try
again. A revamped Massachusetts Land Use Reform Act has been introduced
in both houses, with 48 co-sponsors as of late December 2004. The
sponsors are hoping to avoid the drawn-out process of amendment and
counter-amendment that kept the measure from being acted upon last year.
The Coalition for Zoning Reform will be kicking off this year's effort
April 6, with the second annual Forum on Land Use Reform at the Suffolk
University Law School in Boston. Some of the highlights of the reform
bill include requirements that zoning ordinances and subdivision
regulations be consistent with a locality's adopted master plan; a
requirement for a public hearing before adoption of a master plan; and
revisions to the zoning law's "grandfather" provisions. The bill also
authorizes localities to require residential subdivisions to include
extra building lots for affordable housing units, specifically
authorizes the use of impact fees, authorizes transfer of development
rights, provides for non-judicial resolution of land-use disputes, and
makes various procedural reforms. The text of the proposed legislation
and other information on the zoning law reform effort can be found on
the Massachusetts City Solicitors and Town Councils Association site,
www.massmunilaw.org
.
2005-5-24: Michigan: Zoning Law Rationalization.
Rep. Kevin Elsenheimer (R-Bellaire)
has introduced a bill (H.B. 4398) that would combine the state's three
zoning acts, covering counties, townships, and cities and villages, into a
single unified law. As it happens, this is a project the Michigan Society of
Planning Law Committee has been working on for over two years. After being
contacted by Rep. Elsenheimer for technical assistance, the committee was
able to turn out a draft bill in a matter of a few days. The law committee
notes the bill makes no substantive changes to Michigan's existing land-use
laws; it simply makes them easier to understand and apply.
The chapter also is backing proposed legislation (S.B. 100) that would
require school districts to conform to local zoning in siting schools. It
would also require notice to nearby residents of the proposed school
location.
Updates
2008-5-28:
New Statute
Added Michigan's Planning Enabling Act to statutes
2006-5-28:
New Statute
Added Michigan's Consolidated Land Use Act to statutes
2006-8-4:
New Statute
Added Michigan's Zoning Enabling Act to statutes
2006-4-6:
New Statute
Added Missouri's Proposed
County Planning Act to statutes
2006-4-6:
New Statute
Added Utah's Proposed
Local Government Land Use and Impact Fee Revisions
to statutes
2005-8-5:
New Statute
Added Montana's
Vested Rights Legislation to statutes
2004-8-5:
New Statute
Added Utah's
Land
Use Development and Management Legislation
to statutes
2004-11-3:
New Article
Added Twenty-First
Century Planning and the Constitution to articles.
