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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