Land Use Law

The Growing Smart Legislative Hotline will provide information on the model land use legislation in the Legislative Guidebook published by the American Planning Association.  This site will include articles that discuss the legislation, resource background materials that can be helpful in drafting new legislation, and statutes that have adopted all or part of the Guidebook's Legislative recommendations.

May 25th, 2005 — 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.

May 25th, 2005 — 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.