State Preemption

Houses on green hillside in Marin County, California

Judge's Ruling Deals Blow to California's Zoning Reform Law

Five California cities have won a lawsuit against the state over SB 9, a law passed in 2021 that effectively abolished single family zoning statewide.

April 29, 2024 - Marin Independent Journal

The front of a purple and gray train running along track with a rail crossing signal on the right.

Second Massachusetts Town Spurns State TOD Zoning Mandate

Marshfield residents voted down a rezoning plan that would have met state requirements for the town to allow development of multifamily housing near MBTA stations.

April 28, 2024 - The Patriot Ledger

Colorado State Capitol Building

Colorado Bill Would Tie Transportation Funding to TOD

The proposed law would require cities to meet certain housing targets near transit or risk losing access to a key state highway fund.

April 25, 2024 - Colorado Public Radio

Aerial view of New Jersey and New York City.

New Jersey Passes Fair Housing Reform

A new law streamlines and clarifies the state’s affordable housing requirements for cities and towns.

April 10, 2024 - National Low Income Housing Coalition

Large construction site with red staircases and cranes near downtown Los Angeles, California.

California Bills Would Clarify, Restrict ‘Builder’s Remedy’

The controversial law lets developers skirt local zoning rules in cities without state-approved housing plans.

April 5, 2024 - CALmatters

Row of large multistory homes with multilevel porches on the front and a bike lane on the street in front of them.

Washington State Legislates Statewide Cohousing Development

The new law will prevent local governments from prohibiting the development of coliving multifamily development through zoning and other regulations.

April 4, 2024 - Spokesman-Review

Riverside, California

How Persuasive Are Arguments Against Statewide Zoning Reform?

A leading scholar of state and local government argues that local governments’ need to regulate business should take priority over the state and national interests in lowering housing costs. Are his assumptions persuasive?

March 31, 2024 - Michael Lewyn

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

Sprawl

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

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.

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