State Preemption

Newly constructed houses in Tempe, Arizona.

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.

February 15, 2024 - East Valley Tribune

View from hilltop of Glendale, Arizona with saguaro cactus in left foreground.

Proposed Legislation Targets Arizona Housing Crisis

A series of state bills address barriers to housing production including parking minimums and ADUs.

February 5, 2024 - Axios Phoenix

Nebraska capitol building against a blue sky

Nebraska Considers State Zoning to Increase Housing Density

The bills would require cities to adopt zoning regulations to allow duplexes and ADUs.

February 1, 2024 - Unicameral Update

White wind turbine sitting on ground at wind farm construction site.

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.

January 21, 2024 - U.S. News & World Report

Row of single-family houses on suburban street on sunny day.

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.

January 16, 2024 - Route Fifty

Aerial view of Fort Collins, Colorado on sunny day with mountains in background.

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.

January 11, 2024 - Greeley Tribune

Row of white Spanish Revival-style homes in Torrance, California.

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.

September 11, 2023 - The Mercury News

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.

September 4, 2023 - Texas Tribune

Massachusetts State Capitol

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.

August 21, 2023 - Mass Live


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.

August 8, 2023 - The Denver Post

View of vast oil drilling field with black oil derricks near Bakersfield, California

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.’

August 7, 2023 - San Francisco Chronicle

Aerial view of large houses in large yards surrounded by trees in Palo Alto, California

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.

July 12, 2023 - The Conversation

Chicken Run

Residential Zoning Changes Make Room for Chickens

Yes in my backyard—for chickens.

July 5, 2023 - Mohave Valley Daily News

Aerial view of Colorado state capitol in Denver, Colorado

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.

June 14, 2023 - The Colorado Sun

Aerial view of Bend, Oregon with river and old mill district

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.

June 13, 2023 - Bend Source

A picture of the Vermont State Capitol building with fall colors on display on trees in the background.

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.

June 7, 2023 - VTDigger

A picture of the Vermont State Capitol building with fall colors on display on trees in the background.

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.

May 18, 2023 - VTDigger

View of New York City apartment buildings.

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.

May 14, 2023 - Gothamist

Aerial view of irrigation canal winding through Scottsdale, Arizona suburb with mountains in background

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.

May 11, 2023 - Nature

Colorado State Capitol Building

Landmark Land Use Bill Fails in Colorado Legislature

Colorado Governor Jared Polis’s effort to allow for more housing construction by preempting local control of zoning failed to achieve the required level of political support in the state legislature.

May 11, 2023 - CPR News

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