State Preemption

The Penninsula

Are Charter Cities Subject to California's Housing Laws?

After a San Mateo County Superior Court judge ruled that charter cities are exempt from the Housing Accountability Act, aka the anti-NIMBY law, the state stepped in to support the appellant, a YIMBY group that launched a "Sue the Suburbs" campaign.

January 24, 2020 - San Francisco Chronicle

Missing Middle Housing

Legislation to Lift Local Prohibition of Middle Housing Proposed in Washington State

Washington State is the latest example of a state that wants to preempt local planning law to make it easier to add housing units to single-family residential properties all over the states.

January 23, 2020 - Sightline Institute

Construction

States Mandating Housing Deregulation

Housing deregulation for the sake of housing affordability made progress in both Democratic- and Republican-led states last year.

January 21, 2020 - City Journal

Public Hearing

What Is Local Control?

State preemption and local control are two of the most controversial and contested concepts in land use. Understanding when and where one or the other takes precedence is key to understanding the politics and governance of planning.

January 16, 2020 - James Brasuell

Granny Flat

Thorough, Impactful ADU Reform Proposed in Washington State

A model of accessory dwelling unit reform will be under consideration this year in the Washington State Legislature.

January 16, 2020 - Sightline Institute

Oregon State Capitol Building

What Is State Preemption?

State preemption and local control are two of the most controversial and contested concepts in land use. Understanding when and where each one takes precedence is key to understanding the politics and governance of planning.

January 14, 2020 - James Brasuell

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

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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