State control of land use: Difference between revisions

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Overview

In US context, "State" means state-level government, as opposed to Federal (National) or local.

However, many of the issues and arguments applicable to [US] state-level control may be applied to 'State' as in national control elsewhere. In other words, it means non-local.

Legal Issues

California

Massachusetts Chapter 40B, "Anti-Snob Law"

In 1969 Massachusetts enacted the Massachusetts Comprehensive Permit Act: Chapter 40B, originally referred to as the anti-snob zoning law. Under this statute, in municipalities with less than 10% affordable housing, a developer of affordable housing may seek waiver of local zoning and other requirements from the local zoning board of appeals, with review available from the state Housing Appeals Committee if the waiver is denied. Similar laws are in place in other parts of the United States (e.g., Rhode Island, Connecticut, and Illinois), although their effectiveness is disputed.

References

Fischel, William A. Zoning Rules!: The Economics of Land Use Regulation. (2015).
Fulton, William, and Paul Shigley. Guide to California Planning. (4th edition, 2012).
Hirt, Sonia. Zoned in the USA: The Origins and Implications of American Land-Use Regulation. (Cornell University Press, 2014).
Toll, Seymour. Zoned American. (1969). Outstanding legal/cultural study of the origins and development of US zoning practices.
[hard to get; User:Tmccormick has copy if you want to borrow].

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 == Overview ==
+In US context, "State" means state-level government, as opposed to Federal (National) or local.&nbsp;<br/> <br/> However, many of the issues and arguments applicable to [US] state-level control may be applied to 'State' as in national control elsewhere. In other words, it means non-local.&nbsp;
+&nbsp;
 == Legal Issues ==
+== &nbsp; ==
 == California ==
+== &nbsp; ==
 == Massachusetts Chapter 40B, "Anti-Snob Law" ==
-In 1969 Massachusetts enacted the Massachusetts Comprehensive Permit Act: Chapter 40B, originally referred to as the anti-snob zoning law. Under this statute, in municipalities with less than 10% affordable housing, a developer of affordable housing may seek waiver of local zoning and other requirements from the local zoning board of appeals, with review available from the state Housing Appeals Committee[26] if the waiver is denied. Similar laws are in place in other parts of the United States (e.g., Rhode Island, Connecticut, and Illinois), although their effectiveness is disputed.
+In 1969 Massachusetts enacted the [https://en.wikipedia.org/wiki/Massachusetts_Comprehensive_Permit_Act:_Chapter_40B Massachusetts Comprehensive Permit Act: Chapter 40B], originally referred to as the anti-snob zoning law. Under this statute, in municipalities with less than 10% affordable housing, a developer of affordable housing may seek waiver of local zoning and other requirements from the local zoning board of appeals, with review available from the state Housing Appeals Committee&nbsp;if the waiver is denied. Similar laws are in place in other parts of the United States (e.g., Rhode Island, Connecticut, and Illinois), although their effectiveness is disputed.
+&nbsp;
 == References ==
+*Fischel, William A. ''Zoning Rules!: The Economics of Land Use Regulation''. (2015).&nbsp;<br/> &nbsp;
+*Fulton, William, and Paul Shigley. ''Guide to California Plannin''g. (4th edition, 2012).&nbsp;<br/> &nbsp;
+*Hirt, Sonia. Zoned in the USA: The Origins and Implications of American Land-Use Regulation.&nbsp;(Cornell University Press, 2014).<br/> &nbsp;
+*Toll, Seymour. ''Zoned American''. (1969). Outstanding legal/cultural study of the origins and development of US zoning practices.<br/> [hard to get; &nbsp;[[User:Tmccormick]] has copy if you want to borrow].
+&nbsp;
+&nbsp;