State Preemption

How Persuasive Are Arguments Against Statewide Zoning Reform?
A leading scholar of state and local government argues that local governments’ need to regulate business should take priority over the state and national interests in lowering housing costs. Are his assumptions persuasive?

Arizona State Lawmakers Seek to Override Local Zoning to Spur Housing Development
The proposal would eliminate minimum lot sizes, setback requirements of more than five feet, minimum square footage, and “neighborhood character” requirements.

Proposed Legislation Targets Arizona Housing Crisis
A series of state bills address barriers to housing production including parking minimums and ADUs.

Nebraska Considers State Zoning to Increase Housing Density
The bills would require cities to adopt zoning regulations to allow duplexes and ADUs.

States Preempt Local Control on Renewable Energy Projects
To meet ambitious climate and decarbonization goals, some states are barring local governments from restricting wind and solar development.

State-Level Land Use Reform Gains Strength
More state legislatures are considering stricter land use and zoning regulations as a solution to the housing crisis. Some local jurisdictions are pushing back.

Colorado Lawmakers Renew Zoning Reform Efforts
The state legislature will consider a package of land use laws aimed at increasing the housing supply and reducing housing costs.

California Cities Continue Fight Against State Preemption
Lafayette City Council Member Susan Candell penned an op-ed in support of a lawsuit to invalidate Senate Bill 9 by four Southern California cities, highlighting a recent supportive court filing by UCLA economic geographer Michael Storper.
Court Ruling Overturns Texas’ ‘Death Star’ State Preemption Bill
The Texas government’s attempt to keep bluer local governments in check has been delt a setback by the state’s judicial system.

Massachusetts Pushing Statewide Zoning Reforms With Steeper Penalties for Non-Compliance
Massachusetts is one of the states in the nation requiring local governments to make more space for multi-family housing. Not all local governments are willing to comply, however.

Colorado Erases Local Growth Limits
Colorado legislators passed a law earlier this year that preempts local limits on the number of building permits issued every year.

The ‘Necessity of Oil and Gas Drilling’
The California Supreme Court on Aug. 3 unanimously overturned a successful 2016 Monterey County ballot measure that banned new oil and gas drilling. According to plaintiff Chevron USA, the justices recognized the ‘necessity of oil and gas drilling.’

New Research Blames Affluent Suburbs for Housing Crisis
Small, often wealthy enclaves build far less multifamily housing than their larger counterparts, exacerbating the dearth of affordable housing near big cities and job centers.

Residential Zoning Changes Make Room for Chickens
Yes in my backyard—for chickens.

What Caused the Failure of Zoning Reform in Colorado?
Land use reform bills that gained bipartisan support in the Montana legislature were strongly opposed by Colorado Republicans.

Examining Oregon’s Unique Land Use Laws
Since the 1970s, the state has taken a comprehensive approach to development, regulating land use and urban growth at the state level.

Vermont Latest State to Preempt Single-Family Zoning
The approval of the HOME law, S.100, will allow for duplexes in all residential neighborhoods in Vermont. Large swaths of residential zones in the state must also now allow tri- and four-plexes.

Vermont Next State in Line to End Single-Family Zoning, Ease Parking Requirements
Both houses in the Vermont Legislature have approved legislation to preempt local land use regulations by rescinding single-family zoning and easing parking requirements throughout the state.

Continuing the Fight for Housing in New York State
After the governor’s ambitious housing proposal failed to make headway in the state legislature, one lawyer argues Hochul should use executive power to move the needle forward on housing production.

Mitigating the Environmental Footprint of Sprawl
There is still time to reverse the environmental outcomes of American suburbs. Researchers in Los Angeles, considered by many to be the poster child for U.S. sprawl, have been at work on the problem for years.
Pagination
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