State Preemption

'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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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."

For Lack of Density: Ontario Rejects Toronto's Downtown Plan
Local control loses ground to provincial preemption north of the border.

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

'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.

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.

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.
Pagination
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