State Preemption

Georgia Mask Ban Reversed After White House Coronavirus Task Force Issues Critical Report
Shortly after a private White House report blasted Georgia's pandemic response, Gov. Brian Kemp issued an executive order allowing cities and counties to impose requirements on mask-wearing. The report was leaked to The Atlanta-Journal Constitution.

South L.A. Townhall Opposes SB 1120 Statewide Upzoning Bill
L.A. City Councilmembers Herb Wesson and Paul Koretz register opposition to SB 1120, calling the bill an attack on the residential integrity throughout the state of California.

Missing Middle Zoning Reform Advances in the Vermont Legislature
The Vermont State Senate voted unanimously to approve legislation that would reduce barriers to more compact residential development. The Vermont House of Representatives is up next.

Texas County First in Nation to Issue Second Stay-at-Home Order
The first shelter-at-home order issued in the pandemic's resurgence in the U.S. took effect Wednesday morning in the Rio Grande Valley in South Texas, an overwhelmingly Latino region that has been disproportionately affected by the coronavirus.

Georgia Feud Over Mask Mandates May Not Be What it Seems
Georgia Gov. Brian Kemp (R) has sued Atlanta Mayor Keisha Lance Bottoms (D) and the Atlanta City Council over the city's mask mandate, which is stricter than mask provisions defined in the governor's July 15 executive order.

City vs. State: Mayors Want Power to Require Mask Wearing to Slow Coronavirus Spread
Coronavirus cases are surging in the Lone Star State's urban areas, so mayors of nine of its largest cities asked Greg Abbott for the power to mandate the wearing of masks or facial coverings, prohibited by executive order, to slow viral spread.

Dallas Eyes Big Property Tax Increase to Cover COVID-19 Losses
Dallas will need voter approval to overcome tax increase obstacles put in place by the Texas State Legislature.

States Not Unified in Response to Coronavirus Pandemic
Public health experts were pleased that Trump extended his coronavirus guidelines, but they remain advisory, left to state and local governments to implement. Nine states have yet to issue stay-at-home orders, leaving the nation vulnerable to COVID.

Mississippi Governor First to Preempt Local Stay-at-Home Orders
As more governors order residents to stay at home and/or close nonessential businesses to contain the spread of COVID-19, Gov. Tate Reeves has gone the opposite direction by issuing an executive order that supersedes stricter local measures.

Scott Wiener Hasn't Quit the Statewide Density Cause Yet
California State Senator has released draft legislation to follow up on the previous SB 50, which in turn followed up on SB 827. The new bill, SB 902, promises a "light touch."

State Legislation Responds to Pedestrian Safety Failures in Connecticut
So far in 2020, drivers have killed 15 pedestrians on Connecticut roads.

Upzoning and Affordability, Explained
Upzoning is gaining popularity among planners and politicians in parts of the country as a tool for affordability. But some opponents of the idea maintain that new density will only make housing affordability worse.

Updated: Statewide Upzoning Falls Short Again in California
For the third year in a row, an effort to increase density near transit in statewide in California has stalled in the legislature.

Virginia Upzoning and Accessory Dwelling Unit Bills Killed Quickly in Committee
The Land Use subcommittee of the Virginia House of Delegates decided quickly to uphold local control of zoning.

Are Charter Cities Subject to California's Housing Laws?
After a San Mateo County Superior Court judge ruled that charter cities are exempt from the Housing Accountability Act, aka the anti-NIMBY law, the state stepped in to support the appellant, a YIMBY group that launched a "Sue the Suburbs" campaign.

Legislation to Lift Local Prohibition of Middle Housing Proposed in Washington State
Washington State is the latest example of a state that wants to preempt local planning law to make it easier to add housing units to single-family residential properties all over the states.

States Mandating Housing Deregulation
Housing deregulation for the sake of housing affordability made progress in both Democratic- and Republican-led states last year.

What Is Local Control?
State preemption and local control are two of the most controversial and contested concepts in land use. Understanding when and where one or the other takes precedence is key to understanding the politics and governance of planning.

Thorough, Impactful ADU Reform Proposed in Washington State
A model of accessory dwelling unit reform will be under consideration this year in the Washington State Legislature.

What Is State Preemption?
State preemption and local control are two of the most controversial and contested concepts in land use. Understanding when and where each one takes precedence is key to understanding the politics and governance of planning.
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