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 20 th 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