State Preemption

Nebraska City

'Missing Middle Housing Act' Would Allow More Housing Options in Nebraska Residential Areas

The ranks of states considering or taking steps to override local control to allow new density in the residential neighborhoods of cities has swelled once again, this time with a state senator in Nebraska pitching statewide legislation.

January 13, 2020 - 1011 Now

Maryland State Capital

Maryland Could Join the Statewide Density Club

The ambitious "Homes for All" plan would include upzoning as only one tool for addressing the acute housing affordability crisis in the state of Maryland.

January 8, 2020 - CityLab

California State Capital

Statewide Upzoning Bill Back on the Table in California

News broke yesterday that the dormant SB 50, a bill proposed last year by California State Senator Scott Weiner, has new life in the new year.

January 7, 2020 - CALmatters

Roanoke, Virginia

Statewide Density Increases Proposed in Virginia

The Commonwealth of Virginia will consider a bill that would legalize duplexes in single-family zones throughout the state.

December 23, 2019 - CityLab

Riverside, California

Evaluating the Results of New Protections for Affordable Housing Development

California's Senate Bill 35 is touted by affordable housing advocates and other pro-development forces as an example of what good developments can happen when local obstructions are moved out of the way by the state.

November 26, 2019 - The Mercury News

Food Carts

Unleashing the Food Vendors in New York

Newly proposed legislation in the New York State Senate would bar cities from setting limits on the number of food vendors operating in the public realm.

November 5, 2019 - New York Post

Red Light Camera

Editorial: Reform, Don't Ban, Red Light Camera Programs

The Chicago Sun-Times responds to two Illinois state legislators who have recently proposed bills that would ban red light cameras statewide.

October 21, 2019 - Chicago Sun-Times

Texas Capitol Building

Housing Policy Preemption for Red States

While statewide efforts to loosen zoning restrictions have made news in (mostly) blue states like California and Oregon, (mostly) red states like Florida have been preventing local governments from passing their own housing policies.

July 26, 2019 - Pacific Standard

Orenco Station

What Made It Possible for Oregon to End Single-Family Zoning?

Factors beyond political chance played into Oregon's recent decision to legalize missing middle housing. One key point: the state was already halfway there.

July 14, 2019 - City Observatory

Venice Beach Pedestrian and Bike Path

Statewide Scooter Bill Falls Short in California

Legislation that would have preempted local laws, and had the support of major scooter companies, is now a two-year bill.

July 6, 2019 - San Francisco Examiner

Tomatoes

Florida Preempts Local Zoning Laws That Prohibit Gardens

Many gardeners in Florida celebrated this week, as Senate Bill 82 went into effect, by planting fruits and vegetables in their yards, legally, whether their city liked it or not.

July 4, 2019 - NPR

State capital building

History Made: Oregon Legislature Ends Single-Family Zoning

A bill that seemed like it could be a casualty of a bitter partisan feud managed to squeak under the wire. With Governor Kate Brown's signature, single-family zoning will be prohibited throughout the state of Oregon.

July 1, 2019 - The Oregonian

Red Light Camera

Milwaukee Wants Red Light Cameras; Wisconsin Doesn't Allow Them

Milwaukee wants Wisconsin to overturn its law that prohibits red light cameras throughout the states. New state legislation could help achieve the city's goal.

June 26, 2019 - Urban Milwaukee

Globe Life Park in Arlington

Texas Preempts Local Rules on Building Materials

Local governments didn't want the Texas State Legislature to approved HB 2439, but now the bill is officially law. Some communities worry that they can no longer control the aesthetics of new development.

June 20, 2019 - NBC DFW

Glendale California

Poll: On Housing, Californians Want What the Legislature Won't Give

"This particular solution, which has been very controversial in the Legislature, is not very controversial when it comes to the general public."

June 9, 2019 - Los Angeles Times

Toronto Skyline B&W

For Lack of Density: Ontario Rejects Toronto's Downtown Plan

Local control loses ground to provincial preemption north of the border.

June 6, 2019 - CP 24

Traffic Safety

Texas Bans Red Light Cameras

The state of Texas decided to preempt local traffic safety laws by banning all red light camera programs.

June 3, 2019 - KVUE

Iowa State Flag

'Property Tax Transparency' Approved in Iowa

A new law, signed by Governor Kim Reynolds this week, will require extra steps of local officials before they can raise property taxes in the state of Iowa.

May 25, 2019 - Cedar Rapids Gazette

Fire Escape

Rent Control for New York City Could Spillover Effect to the Rest of the State

The housing crisis isn't the same in every corner of New York State, but new rent control measures in the state legislature could apply solutions intended for the New York City rental market to the entire state.

May 25, 2019 - The Buffalo News

Scooter Citations

State Preemption and Electric Scooters

The great battle between local control and state preemption shifts focus again in California. This time micromobility, electric scooters and the like, are on the front line of the conflict.

May 21, 2019 - CityLab

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