Land Use Planning And Development Regulation Law

This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.

Comprehensive Plans and the Planning Process; Land Use Control by Zoning: History, Sources of Power and Purposes; Types of Zones and Uses; Types of Zoning Relief: Obtaining or Resisting Development Permission; Exclusionary Zoning; Subdivision Control Law; Building anti Housing Codes; Growth Management; Constitutional Issues; Environmental Aspects of Land Use Controls; Aesthetic Regulation and Historic Preservation; Agricultural Lands Protection and Preservation; Nuisances; Private Land Use Controls; The Power of Eminent Domain.

"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.

"Chapter 160D of the North Carolina General Statutes is the first major recodification and modernization of city and county development regulations since 1905. The endeavor was initiated by the Zoning and Land Use Section of the N.C. Bar Association in 2013 and emanated from the section's rewrite of the city and county board of adjustments statute earlier that year. This bill summary and its many footnotes are intended to help citizens and local governments understand and navigate these changes."--Page vii.