Posted by: Patricia Salkin | August 17, 2008

American Bar Association Adopts Model Statute on Local Land Use Planning Procedures

On Monday, August 11, 2008, the American Bar Association, through its House of Delegates, adopted a Model Statute on Local Land Use Planning Procedures, advanced jointly by the State and Local Government Law Section and the Administrative Law Section, and co-sponsored by the Real Property Law Section and the Government and Public Sector Lawyers Division. The Model Act, intended to serve as a guide to state, local and tribal governments who adopt land use regulations, is intended to recommend appropriate administrative procedures that: (1) provide for the timely consideration of development permit applications; (2) provide a development permit review process for land-use decisions by local governments; (3) authorize a consolidated development permit review process for land-use decisions by local governments; (4) provide for the appointment of hearing examiners; (5) provide for a Land-Use Review Board; (6) authorize conditional uses, variances, and mediation in land development regulations; and (7) provide a judicial review process for land-use decisions. This effort was based upon Chapter 10 of the American Planning Association’s Growing Smart Legislative Guidebook, which continues to serve as the resource for lawmakers and policymakers who are modernizing state and local planning and zoning enabling acts and laws.

 

The Model Act, which includes commentary and an appendix of optional sections can be accessed at:

http://www.abanet.org/statelocal/docs/ModelLandUseCode.pdf

http://www.abanet.org/statelocal/docs/StatuteAppendixofOptionalSections.pdf

 

For more discussion on the Model Act in an earlier posting see:

https://lawoftheland.wordpress.com/2008/05/31/american-bar-association-to-consider-model-land-development-act-in-august


Responses

  1. This is a great and much needed initiative by the ABA. Many state enabling acts are outdated and need to take into account modern developments in the law and in planning.

    Thanks, ABA.


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