Essentials of Local Land Use

Planning and Regulation

Overview

• Introductory section discusses: – Origins of land use planning and

regulation– Land use planning and regulation in

Vermont– Today’s legal structure

Origins of Land Use Planning and Regulation

• Land use planning is not a new idea– Roman cities had two major streets that

intersected at the center of commerce– In U.S., earliest municipal plans were

designed for Philadelphia (1682), Annapolis (1685), and Savannah (1733)

• Early plans reflected vision and aspirations of a few people; today’s plans involve extensive citizen participation

Origins of Land Use Planning and Regulation

• Contemporary planning originated in social welfare movements of early 20th century

• Sought to address environmental and public health concerns from heavy industries

• In 1916, first land use regulations were developed by New York City Council

• Early regulations established height and setback requirements and separated incompatible uses

Origins of Land Use Planning and Regulation

• Cities and towns across the country followed New York City’s example; landowners soon challenged constitutionality of early regulations

• In 1926, U.S. Supreme Court upheld zoning ordinance from Euclid, Ohio

• Euclid regulations were typical of the time and separated uses based on compatibility

Origins of Land Use Planning and Regulation

• Today, “Euclidian zoning” has fallen out of favor as it segregates uses, requires more land and reliance on the automobile

• Nonetheless, the Euclid case remains the prime example of a community’s authority to plan for development and regulate land use

Land Use Planning and Regulation in Vermont

• In 1921, Vermont Legislature authorized municipalities to create planning commissions

• Early commissions could propose plans for public improvements, but had no authority over private projects.

Land Use Planning and Regulation in Vermont

• Ten years later, Legislature authorized zoning

• Created two boards: a zoning commission and a board of adjustment– Zoning commission would propose bylaws and

boundaries for the districts– Board of adjustment would deal with appeals

from the administrative officer and grant “special exceptions.”

• It was 47 years before the Legislature completed another revision

Land Use Planning and Regulation in Vermont

• In 1960’s, interstate highway system fueled economic development, increased focus on environmental protection and growth management.

• In 1968, Legislature established purposes for planning and zoning and prescribed contents of municipal plans.– Many of these same requirements remain

today

Land Use Planning and Regulation in Vermont

• In 1970, Act 250 ensured regulatory review by the state for major projects– To this day, a project must comply with

the municipal plan to obtain an Act 250 permit

• In 1988, Act 200 increased focus on coordination among municipalities, the regions, and the state

Land Use Planning and Regulation in Vermont

• In 2004, Act 115 improved the appeals process, created opportunities for affordable housing, and required regulations to be in conformance with the municipal plan by 2011

• In 2006, Act 183 provided incentives for development around town and village centers

Today’s Legal Structure

• As provided in the Vermont Constitution, local governments may only undertake activities that are enabled by state law– This is called Dillon’s Rule

• Fortunately, Vermont law provides extensive enabling legislation for a wide range of land use planning and regulation activities

Today’s Legal Structure

• As provided in the Vermont Constitution, local governments may only undertake activities that are enabled by state law– This is called Dillon’s Rule

• Fortunately, Vermont law provides extensive enabling legislation for a wide range of land use planning and regulation activities

Today’s Legal Structure

• Chapter 117 of Title 24 (Vermont Planning and Development Act) provides requisite authority and serves as a guide to the process

• Department of Housing and Community Affairs publishes copies of the Act, also available through the regional planning commission

A Practical Introduction

• This presentation seeks to provide a practical introduction to the topic

• It does not cover all the topics, but provides a solid grounding in the fundamentals

• We begin with one of the most important topics, understanding roles and responsibilities

A Practical Introduction

• Subsequent chapters address planning fundamentals, implementation of the plan, procedural issues, and conducting effective meetings and hearings