AMERICAN BAR ASSOCIATION MODEL LAND USE PROCEDURES LAW

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Presentation transcript:

AMERICAN BAR ASSOCIATION MODEL LAND USE PROCEDURES LAW Approved by House of Delegates, August 11, 2008 Prepared By a Task Force of the State and Local Government Section Ed Sullivan, Chair Administrative Regulation Section Michael Asimow, Chair

Problems in Administrative and Judicial Review Multiple layered permits and hearings Inadequate procedures Poorly controlled decisionmaking Unclear judicial review provisions Competence of boards and commissions in a discretionary environment Finality

Growing Smart models on land development control Unified development permit review process Completeness review Record hearing Consolidated permit Appeals Hearing examiner Land-Use Review Board Administrative actions and remedies Conditional uses Variances Remedial measures

Judicial review under Growing Smart GS approach to judicial review Land-use petition, modeled after Washington state Final decision requirement Exhaustion of remedies Supplementation of record Type of relief

THE MODEL LAW IS AVAILABLE AT THE AMERICAN BAR ASSOCIATION WEB SITE http://www.abanet.org/leadership/2008/annual/recommendations/OneHundredElevenA.doc AND law.wustl.edu/landuselaw in the statutes section