Planning Law and Regulations

Urban Planning and Development October 25, 2025
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Introduction

This foundational course provides a comprehensive overview of the legal framework that governs land use planning and regulation in the United States, with comparative insights into international systems. It covers the constitutional basis for planning (e.g., the Fifth and Fourteenth Amendments), the legal standards for zoning and subdivision control, and the requirements for environmental and administrative review. Participants will learn how to draft legally defensible ordinances, navigate land use litigation (e.g., takings and due process), and understand the relationship between plan-making and regulatory enforcement. The course is essential for planners, attorneys, and officials who must ensure that land use decisions are legally sound and defensible.

Objectives

The objective of this course is to provide participants with a robust understanding of the legal principles and precedents that govern land use planning and regulation. Upon completion, participants will be able to:

  • Understand the constitutional basis for governmental land use regulation (police power, takings).
  • Analyze landmark legal cases that define the scope of zoning and planning authority.
  • Apply the legal standards for due process and equal protection in land use decision-making.
  • Draft legally defensible zoning ordinances, subdivision regulations, and development agreements.
  • Navigate the legal requirements of Environmental Impact Review (EIA/NEPA) and related laws.
  • Understand the role and legal responsibilities of planning commissions and boards of appeal.
  • Manage the legal risks associated with regulatory takings, nonconforming uses, and variances.

Target Audience

  • Urban and Regional Planners
  • Land Use and Municipal Attorneys
  • Zoning and Code Enforcement Officials
  • Members of Planning Commissions and Boards of Adjustment
  • Real Estate Developers and Consultants
  • Civil Engineers and Environmental Professionals
  • Students in Planning or Law programs

Methodology

  • Case Studies of landmark Supreme Court and state court land use cases
  • Group Activities: Analyzing a hypothetical development scenario for potential takings claims
  • Discussions on the ethical dilemmas of private interest vs. public good in decisions
  • Individual Exercises: Critiquing a local zoning ordinance for legal defensibility
  • Expert presentations by municipal attorneys specializing in land use litigation
  • Role-playing scenarios: Preparing a presentation to a Board of Adjustment justifying a variance decision

Personal Impact

  • Master the legal principles required to ensure all planning actions are constitutionally sound
  • Minimize legal risk and exposure to land use litigation, including takings claims
  • Improve the ability to draft legally defensible and enforceable land use ordinances
  • Enhance the quality of board and commission decisions through better legal procedure
  • Develop a strong foundation for managing complex development agreements and exactions
  • Reduce the time and cost associated with project delays due to legal challenges

Organizational Impact

  • Reduce regulatory risk and litigation through legally sound policies and procedures
  • Ensure compliance with federal and state environmental and constitutional mandates
  • Increase the predictability and fairness of the development review process
  • Protect the municipality from costly damages and legal fees associated with court challenges
  • Improve the professional knowledge base of planning staff, boards, and commissions
  • Facilitate the confident adoption of innovative, yet legally tested, land use controls

Course Outline

Unit 1: Constitutional and Legal Foundations

The Basis of Regulatory Power
  • The Police Power and the 'Public Health, Safety, and General Welfare' standard
  • The Fifth Amendment: Eminent Domain, Condemnation, and Just Compensation
  • The Fifth Amendment: The 'Takings Clause' and its application (e.g., *Penn Central*, *Lucas*)
  • The Fourteenth Amendment: Due Process (Procedural and Substantive) and Equal Protection
Enabling Legislation
  • The Standard State Zoning Enabling Act (SZEA) and Subdivision Enabling Act (SSUEA)
  • The requirement for the zoning ordinance to be 'in accordance with' the comprehensive plan
  • Legal distinctions between legislative acts (zoning) and quasi-judicial acts (variances)
  • Understanding vested rights, estoppel, and the timeline of development approval

Unit 2: Zoning and Regulatory Tools

The Zoning Ordinance in Court
  • Legal challenges to traditional (Euclidean) zoning and performance-based standards
  • Standards for granting special exceptions, conditional use permits, and variances
  • Legal management of nonconforming uses, amortization, and abandonment
  • Legal status of aesthetic regulation and design review controls
Advanced Land Use Controls
  • Legal issues in flexible zoning: PUDs, floating zones, and Transferable Development Rights (TDRs)
  • Legality of growth management systems, adequate public facilities (APF) ordinances, and concurrency
  • Legal challenges to density bonuses, inclusionary zoning, and other affordability measures
  • Legal framework for Historic Preservation districts and landmark designation

Unit 3: Subdivision and Exactions Law

Subdivision Regulation
  • Legal requirements for plat approval and the role of the subdivision review board
  • Standards for required improvements (streets, utilities) and dedication requirements
  • Legal framework for site plan review and planned unit development (PUD) approvals
Exactions and Impact Fees
  • The legal nexus test for exactions: 'rational relationship' (*Nollan*) and 'rough proportionality' (*Dolan*)
  • Legal requirements for establishing and defending impact fees and development charges
  • The legal framework for developer agreements and conditionality of approval
  • Understanding legal limits on municipal bargaining power with developers

Unit 4: Environmental and Administrative Law

Environmental Review
  • The legal requirements of the National Environmental Policy Act (NEPA) or State equivalents (SEPA)
  • Legal criteria for preparing and challenging Environmental Impact Statements (EIS)
  • The legal status of wetlands regulation, flood control, and endangered species protection
  • Judicial review of administrative decisions in environmental planning
Administrative and Procedural Law
  • Legal requirements for public notice, public hearings, and the right to cross-examination
  • The standard of judicial review: arbitrary and capricious, substantial evidence, and de novo review
  • Legal requirements for preparing findings of fact and conclusions of law in decisions
  • Managing conflict of interest and ex parte communication in board/commission proceedings

Unit 5: Litigation and Ethics

Land Use Litigation
  • Legal standing to sue (who can challenge a decision) and ripeness doctrines
  • Remedies in land use cases: injunctions, mandamus, and damages for temporary takings
  • Civil rights litigation (Section 1983) and claims of discriminatory land use practice
  • Ethical obligations of public planners and board members (e.g., due process fairness)

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