Land Use Law Commons^™

Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab

Cleveland State Law Review

This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.

Cityland – Vol. 6, No. 11, Center For New York City Law

CityLand - 2009

The December 2009 issue of CityLand covers major land use, preservation, and legal developments in New York City. The City Council approved a modified plan for the Western Rail Yard in Hudson Yards, securing permanently affordable housing. It rejected the Kingsbridge Armory redevelopment due to the lack of a living wage provision. The Council also approved a rezoning in West Harlem and a controversial plan for the Broadway Triangle in Williamsburg. Landmark actions included the designation of the Paramount Hotel and one of the B.F. Goodrich Company Buildings, while denying designation of its sister building. Landmarks also reviewed a rooftop …

Cityland – Vol. 6, No. 10, Center For New York City Law

CityLand - 2009

The November 2009 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved a modified version of Hines’s proposed MoMA tower, capping its height at 1,050 feet and reducing its hotel component. New legislation was passed to preserve permits for stalled construction sites. The Council also debated the FRESH program to incentivize grocery stores in underserved neighborhoods and approved residential developments on City Island and in Carroll Gardens. The City Planning Commission approved the Kingsbridge Armory redevelopment and heard testimony on the Sunset Park 197-a Plan. BSA granted a special permit for …

Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

Cityland – Vol. 6, No. 9, Center For New York City Law

CityLand - 2009

The October 2009 issue of CityLand covers significant land use and preservation developments across New York City. The City Council approved rezoning plans for the 161st Street/River Avenue corridor in the Bronx and for Sunset Park in Brooklyn, aiming to promote affordable housing and contextual development. The Council also approved the Navy Green mixed-use project in Wallabout and a Fort Greene development at 470 Vanderbilt Avenue. The City Planning Commission approved a reduced-height version of the Jean Nouvel-designed MoMA tower and a residential development on City Island. BSA decisions included a denied variance for a commercial building in Staten Island …

Cityland – Vol. 6, No. 8, Center For New York City Law

CityLand - 2009

The September 2009 issue of CityLand highlights key land use and preservation developments in New York City. The City Council approved a special permit for a residential project in Carnegie Hill and denied a sidewalk café permit for Spitzer’s Corner on the Lower East Side. The City Planning Commission held hearings on the FRESH grocery store incentive program, the Carroll Gardens/Columbia Street rezoning, and a City Island development seeking a height waiver. The Commission also approved the Sunset Park rezoning plan. BSA decisions included variances for residential use in Mott Haven and a rear yard waiver in Crown Heights. Landmark …

Cityland – Vol. 6, No. 7, Center For New York City Law

CityLand - 2009

The August 2009 issue of CityLand covers major land use, zoning, and preservation developments in New York City. The City Council approved the Port Authority’s ARC rail station project, rezoning plans for Middle Village/Maspeth, Flatbush, DUMBO, and Greenpoint-Williamsburg, and a modified Coney Island revitalization plan with increased affordable housing and preservation of the Wonder Wheel. The Department of City Planning withdrew its Brighton Beach rezoning proposal due to stakeholder disagreements. Landmark coverage includes final approval of the St. Vincent’s Hospital redevelopment, hearings on the West Park Presbyterian Church and IRT Powerhouse designations, and criticism of a proposed rooftop addition in …

Cityland – Vol. 6, No. 6, Center For New York City Law

CityLand - 2009

The July 2009 issue of CityLand highlights major land use, zoning, and preservation developments in New York City. The City Council approved Fordham University’s Lincoln Center expansion plan with modifications to building height and bulk, and passed Two Trees Management’s Dock Street DUMBO development despite controversy over views of the Brooklyn Bridge. The Council also approved rezoning plans for Canarsie, Cord Meyer–Forest Hills, and the Lower Concourse in the Bronx, aiming to preserve neighborhood character and improve waterfront access. The City Planning Commission advanced the modified Coney Island redevelopment plan. BSA decisions included vested rights approval for a Lower East …

Cityland – Vol. 6, No. 5, Center For New York City Law

CityLand - 2009

The June 2009 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved Two Trees Management’s controversial Dock Street DUMBO development and its Clinton Park mixed-use tower. The City Planning Commission held hearings on the comprehensive Coney Island rezoning and a proposed Brighton Beach rezoning, both met with community concerns. Staten Island’s Cross Access Connection proposal was advanced to reduce traffic congestion. Landmark coverage includes the designation of the Fillmore Place and Audubon Park Historic Districts, and hearings on the St. Vincent’s Hospital redevelopment and a preschool conversion in the Upper West …

Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona

37 slides

Cityland – Vol. 6, No. 4, Center For New York City Law

CityLand - 2009

The May 2009 issue of CityLand highlights significant land use and legal developments in New York City. The City Council approved revisions to waterfront access regulations and adopted new bicycle parking requirements for a wide range of developments. The North Flushing rezoning and the creation of the R1-2A contextual zoning district were approved to curb out-of-scale development, while the Cord Meyer rezoning was proposed to preserve neighborhood character. BSA decisions included a variance for affordable housing in Crotona Park East and vested rights approval for a transient hotel in Laurelton. Landmark coverage featured a controversial legalization request for an illegal …

Cityland – Vol. 6, No. 3, Center For New York City Law

CityLand - 2009

The April 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Battery Maritime Building redevelopment, including a boutique hotel addition, and the rezoning of North Corona and Forest Hills to curb out-of-character development. The Council also approved Toll Brothers’ Gowanus Canal waterfront project despite concerns over affordable housing guarantees. The City Planning Commission modified parking requirements for a Clinton development and approved a text amendment for Hudson Yards to facilitate residential construction. Landmark actions include approval of St. Vincent’s revised hospital design …

Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson

Vanderbilt Law Review

"Sprawl is America's most lethal disease." Although such a statement appears exaggerated upon first consideration, both the scope of urban sprawl and its attendant consequences support the suggestion that sprawl threatens the vitality of the United States. For example, in California, sprawl has reached such a dangerous level that one of the nation's largest banks publicly warned of the potential devastation: "Sprawl has created enormous costs that California can no longer afford. Ironically, unchecked sprawl has shifted from an engine of California's growth to a force that now threatens to inhibit growth and degrade the quality of our life." The …

Cityland – Vol. 6, No. 2, Center For New York City Law

CityLand - 2009

The March 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Gateway Shopping Center in East New York and the Phipps Houses affordable housing project in Kips Bay. The issue also reports on the establishment of the Bed-Stuy Gateway BID and the modification of the North Corona rezoning to support local businesses. The City Planning Commission reviewed Two Trees’ Clinton Park development and proposed bicycle parking regulations. Landmark actions include the designation of Chase Manhattan Plaza and the Alice and Agate Courts …

Cityland – Vol. 6, No. 1, Center For New York City Law

CityLand - 2009

The February 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Via Verde housing project in Melrose, Bronx, and a special permit for hotel and retail use at the Crosby Street Hotel in SoHo. The City Planning Commission reviewed Toll Brothers’ proposed development along the Gowanus Canal and approved amendments to the Clinton Theater Bonus zoning text. The Department of City Planning held a scoping hearing for Vornado’s 15 Penn Plaza redevelopment. BSA decisions addressed vested rights in Homecrest and upheld a …

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

Scholarly Works

Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references …

God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine

Scholarly Works

This article is a brief introduction to The Albany Government Law Review symposium on God and the Land. This piece sets forth a brief history of the Religious Land Use and Institutionalized Persons Act (RLUIPA) setting the backdrop for the controversy that has surrounded the Act and its impact on religious entities and municipalities. Since the enactment of RLUIPA, the floodgates have burst open with litigation in attempts to clarify many ambiguities in the statute. The remainder of the piece provides a sneak preview of the articles contained in The Albany Government Law Review by Professors Angela Carmella, Marci Hamilton, …

A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin

Scholarly Works

Part I of this article discusses population statistics in greater detail, exploring available financial demographics of seniors and showing that many seniors are likely to be in need of affordable housing today, and that many more will likely join this group in the future. Part II discusses the role of the federal and state governments in providing affordable senior housing and concludes that these programs have typically failed to yield effective results on a wide enough basis. Part III focuses on the impact that local governments can have immediately in helping to address the affordable senior housing crisis through the …

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Scholarly Works

There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.

Part I of this article explores the impacts on community development caused by the many …

New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin

Scholarly Works

New York ranks eight out of the 50 states in terms of carbon emissions. While the State government is just beginning to enact meaningful programs and incentives to encourage municipal policies and actions that will reduce the impact of local decisions on our carbon footprint, a number of local governments across the State have already been at work developing and adopting "greening" strategies, policies and regulations. While the New York State Bar Association has released for comment a report of its Task Force on Global Warming which documents an impressive two-dozen current state-level laws and programs on climate change, the …

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow

Scholarly Works

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …

Cityland – Vol. 5, No. 11, Center For New York City Law

CityLand - 2008

The December 2008 issue of CityLand covers significant land use and legal developments in New York City. Highlights include the City Council’s approval of the East Village/Lower East Side rezoning and the controversial Willets Point Redevelopment Plan, both with concessions on affordable housing and community engagement. The issue also reports on the approval of the Hunter’s Point South waterfront development and the Via Verde affordable housing project in Melrose, Bronx. Landmark coverage includes the designation of NYU’s Silver Towers and the Prospect Heights Historic District, as well as criticism of the South Street Seaport redevelopment proposal. Legal decisions include the …

Cityland – Vol. 5, No. 10, Center For New York City Law

CityLand - 2008

The November 2008 issue of CityLand reports on major land use and preservation developments in New York City. The City Council modified the Dutch Kills rezoning to increase FAR and address hotel development concerns, approved the creation of the Special St. George District in Staten Island, and passed legislation requiring waterfront planning updates every ten years. The Council also approved the Hospital for Special Surgery’s expansion over the FDR Drive and extended the West Chelsea Historic District. The City Planning Commission approved modified plans for Willets Point and Hunter’s Point South, and reduced building heights and densities in the 125th …

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin

Cornell Law Faculty Publications

Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities' long-held power over land use regulation. In the authors' view, this quiet revolution would occur when policymakers and the public recognized that certain problems - like environmental destruction - were too big for localities to handle on their own. Although the quiet revolution has not yet occurred, this Article suggests that it will, and should, occur alongside the ever-growing green building movement. This movement presents practical and ideological challenges to our current system of regulating land use. This Article …

Cityland – Vol. 5, No. 9, Center For New York City Law

CityLand - 2008

The October 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council postponed a vote on the Hospital for Special Surgery’s expansion plan, while approving the Waldheim rezoning in Flushing despite civic opposition. The City Planning Commission modified the Dutch Kills rezoning to increase FAR for certain uses and approved the East Harlem redevelopment plan. The Fulton Street BID was approved, and the Budget Rent-a-Car rezoning and street demapping in Queens were finalized. The issue includes court decisions upholding landmark designations for the City and Suburban Homes Estate and compelling the NYSDEC …

Cityland – Vol. 5, No. 8, Center For New York City Law

CityLand - 2008

The September 2008 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Rockaway rezoning plan and the NoHo Historic District extension, including the controversial Whitehouse Hotel. Amendments to the Hudson Yards zoning text were adopted, and the Council passed new site safety laws for construction workers. The City Planning Commission heard testimony on the East Village/Lower East Side rezoning, the Hunter’s Point South redevelopment, and approved plans for the Whitney Museum’s downtown expansion and the Hospital for Special Surgery’s River Building over the FDR Drive. Staten Island’s new courthouse …

Cityland – Vol. 5, No. 7, Center For New York City Law

CityLand - 2008

The August 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council approved a compromise rezoning for Hudson Square and a rezoning for Mott Haven to allow 600 new housing units. A text amendment was passed to protect Carroll Gardens from out-of-context development. Proposed changes to the Hudson Yards zoning text drew criticism from elected officials and community boards. The Planning Commission approved a 63-story tower at 610 Lexington Avenue using air rights from the landmarked Seagram Building. A controversial redevelopment plan for East Harlem was criticized for proceeding without a selected …

Cityland – Vol. 5, No. 6, Center For New York City Law

CityLand - 2008

The July 2008 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved a controversial 400-space parking garage in Midtown and landmarked Webster Hall in the East Village. The Planning Commission heard testimony on the Rockaway rezoning plan and reduced the scope of the Hudson Square rezoning. A text amendment was proposed to protect Carroll Gardens from out-of-context development. Landmark hearings included revised plans for St. Vincent’s Hospital and the Domino Sugar Refinery addition, both receiving mixed responses. The Commission also considered landmark status for Chase Manhattan Plaza and NYU’s Silver Towers. …

Cityland – Vol. 5, No. 5, Center For New York City Law

CityLand - 2008

The June 2008 issue of CityLand focuses on construction safety reforms and major land use developments across New York City. It covers the City Council’s consideration of 12 bills aimed at improving construction site safety, including proposals for independent safety monitors and multilingual signage. The City Planning Commission approves the Hunts Point rezoning and certifies the East Village/Lower East Side rezoning plan. Landmark coverage includes the approval of Jean Nouvel’s MoMA tower, the expansion of the NoHo Historic District, and hearings on the proposed West Chelsea Historic District. Legal updates include a court ruling allowing the Randall’s Island ballfield project …

Cityland – Vol. 5, No. 4, Center For New York City Law

CityLand - 2008

The May 2008 issue of CityLand covers major land use and development initiatives across New York City. Highlights include the City Council’s approval of the 125th Street rezoning plan in Harlem, with modifications to address affordable housing and displacement concerns. The issue also reports on proposed zoning changes in Hudson Square, the certification of the Willets Point redevelopment plan, and revisions to the Coney Island rezoning. Landmark coverage includes the controversial MoMA tower proposal and St. Vincent’s Hospital expansion in Greenwich Village. The Economic Development Corporation announces RFPs for redevelopment projects at Bellevue Hospital, Kingsbridge Armory, and Stillwell Avenue in …