State Preemption

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

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

Blue sign with white Parking text and arrow pointing into garage

Parking Reform Bill to be Introduced at Federal Level

The legislation, which would ban parking requirements near transit to encourage housing development and bring down housing costs, would be a rare federal preemption of local control.

May 9, 2023 - Business Insider

A rendering shows key features of the zoning code for a mid-rise apartment building.

Boise’s New Zoning Code Cleared for City Council Approval

The Boise Planning Commission gave its approval to a new zoning code for the city of Boise. The City Council is expected to consider the draft zoning code in June.

May 1, 2023 - Boise State Public Radio

Texas Capitol Building

Bill Legalizing ADUs Passes Texas Senate

If passed by the full state legislature, the bill would eliminate local restrictions on ‘mother-in-law’ units.

May 1, 2023 - FOX 4 News

Aerial view of gold Colorado state capitol building with green park and city beyond

Upzoning Gutted From Colorado’s Statewide Housing Reform Effort

Colorado’s “More Homes Now” bill has been drastically reduced in scope and ambition, showing the contemporary zoning reform movement still has obstacles to overcome.

April 26, 2023 - The Colorado Sun

Aerial view of Montana state capitol building in Helena, Montana

Montana Passes Sweeping Legislative Package to Rescind ‘California-Style-Zoning’

The Montana State Legislature recently approved a package of zoning reform bills modeled closely on bills approved in West Coast states, including the state of California, in recent years.

April 16, 2023 - Business Insider

Facade entrance of typical townhouse with cherry blossom in Seattle, Washington, America. Colorful red siding of two story attached townhouse duplex with blooming pink flower near windows with blinds

‘Missing Middle Housing’ Bill Passes in Washington Senate

The legislation would permit duplexes and, in some cases, fourplexes in residential areas in most Washington towns.

April 12, 2023 - Crosscut

British Columbia residential Neighborhoods

British Columbia Asserts Provincial Control Over Density

The Canadian province plans to override local opposition to loosening zoning regulations that restrict the housing supply.

April 6, 2023 - The Globe and Mail

Outdoor Recreation

Colorado Mountain Communities Line Up to Oppose Statewide Zoning Reforms

State preemption isn’t going over well with local government officials in the remote corners of Colorado.

April 6, 2023 - Vail Daily

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