News & Analysis as of

Permits Real Estate Development

Pierce Atwood LLP

In Massachusetts, Your In-Law Apartment No Longer Makes You An Outlaw

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As has been widely reported, Governor Maura Healey on Tuesday signed into law the Affordable Homes Act (AHA), also known as the Housing Bond Bill (H.4977), which the Legislature passed in the wee hours of August 1, 2024....more

Bowditch & Dewey

Abutter’s Diminution in Property Value Argument Found Insufficient to Confer Standing to Challenge Special Permit for Research and...

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In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, 104 Mass. App. Ct. 250 (2024), the Court of Appeals confirmed the longstanding holding that “diminution in property value is an insufficient basis for standing...more

Allen Matkins

Sustainable Development and Land Use Update 5.28.24

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Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend...more

Coblentz Patch Duffy & Bass

Under the State Microscope, San Francisco Implements Its Housing Element and Avoids De-Certification

Throughout 2023, the State’s Department of Housing and Community Development (HCD) loomed large in San Francisco land use policy and politics. In January 2023, the City adopted and HCD certified a new Housing Element setting...more

BCLP

Dennis v Southwark: does this new case materially amend Hillside?

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Can a multi-phase development, consented in outline, be changed from that which was originally contemplated? This recent case, R (Dennis) v London Borough of Southwark, was decided on 17 January and involved...more

Sheppard Mullin Richter & Hampton LLP

Conditional Approval is Project Approval: Appellate Court Confirms CEQA Statute of Limitations Triggered by Tentative Map Approval...

Following California Supreme Court and its own case law precedent, the Second District, Division Five, has ruled in Guerrero et al. v. City of Los Angeles (Jan. 17, 2024) (Guerrero), certified for publication, that a CEQA...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Akerman LLP

Leisure Law Insider (Vol. 1) - Fall 2023

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Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality...more

Jones Day

France Adopts Reindustrialization Measures

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In Short - The Situation: A new set of measures has been adopted in France which will promote "Green Industry" by streamlining environmental and industrial authorization and supporting low-carbon industrialization...more

BCLP

Levelling Up and Regeneration Act 2023: Summary of Planning Reforms

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The Levelling-up and Regeneration Act 2023 was given Royal Assent on 26 October 2023. It introduces some wide-ranging reforms to the planning system which we summarise in this Insight. However, most of the changes will not...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Lerch, Early & Brewer

Legislative Roundup: Prince George’s County

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It has been an active few months on the legislative front in Prince George’s County, from proposed updates to the County’s zoning ordinance to a new Department of Permitting, Inspections, and Enforcement (DPIE) director being...more

Obermayer Rebmann Maxwell & Hippel LLP

Water, Water, Everywhere? EPA and USACE Issue New, Broader Clean Water Act Rule

During the past two years, the half-century-old Clean Water Act (“CWA”) has become a hot topic, with controversies over its interpretation coming to a boil throughout the end of last year into the beginning of this one. If a...more

Sullivan & Worcester

Zoning and Development Newsletter - March 2023

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Sullivan is pleased to release the first issue of its Zoning and Development Newsletter, a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide our...more

BCLP

NSIP Action Plan: What does it mean for project promoters?

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The Government’s Action Plan on how it proposes to improve the NSIP planning process has some good ideas, most of which amount to fine-tuning rather than a fundamental change. Whilst some of the changes may increase the cost...more

Hogan Lovells

UK Community Infrastructure Levy: 2022 Case Round-up

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The rigidity of the Community Infrastructure Levy regime means that one small mistake can have significant financial implications – exemptions, deductions or reliefs may be lost, surcharges imposed, or large CIL bills forced...more

Jackson Walker

City of Dallas Processes First Fee-in-Lieu Payment for Mixed Income Housing Program

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The City of Dallas has processed its first fee-in-lieu payment as part of their Mixed Income Housing Development Bonus (MIHDB) program. On May 11, 2022, Dallas City Council approved an amendment to the MIHDB program that...more

Miller Starr Regalia

New California Law Addresses Delays by Public Agencies in the Post-Entitlement Permitting Process

Miller Starr Regalia on

On January 1, 2023 Assembly Bill 2234, an important new post-entitlement accountability and streamlining law that amends the Housing Accountability Act and adds new sections to the Planning and Zoning Laws, takes effect in...more

WilmerHale

EPA’s New Office and Environmental Justice Guidance: Implications for Project Permitting and Beyond

WilmerHale on

Recent actions by the US Environmental Protection Agency (EPA) aim to institutionalize environmental justice as a key agency function and support development of tools, guidance and policies to advance it. A newly formed...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction/Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Garland...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more

Obermayer Rebmann Maxwell & Hippel LLP

Over Troubled Water: Changes to Clean Water Act Regulations and Permitting Process that All Project Developers Should Know

The Clean Water Act was signed into law to control the discharge of hazardous waste into our country’s waters. Since 1971, the Environmental Protection Agency (“EPA”) has interpreted the Clean Water Act and its predecessor to...more

Miller Starr Regalia

Sixth District Holds Coastal Commission’s Post-Approval Analysis of Coastal Development Permit’s Environmental Impacts Violates...

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In an opinion filed November 15, and later ordered published on December 14, 2021, the Sixth District Court of Appeal reaffirmed the basic CEQA principle that required environmental review and analysis must precede project...more

BCLP

New UK Residential Property Developer Tax: triggers for liability

BCLP on

Following publication of the new Residential Property Developer Tax for technical consultation, we examine when this tax will be charged and the types of development activities that will bring developers within scope. The...more

Sheppard Mullin Richter & Hampton LLP

NYC Proposed Citywide Hotel Special Permit Moves into the Public Review Process

On Monday, May 3, 2021, the New York City Planning Commission (CPC) “referred” the Department of City Planning’s (DCP) proposed zoning text that would mandate a Special Permit for all new hotels in New York City, beginning...more

Coblentz Patch Duffy & Bass

AB 1561 Extends Housing Entitlements by 18 Months

The state has granted an 18-month extension to certain housing development entitlements that were otherwise due to expire before the end of 2021. AB 1561 (Garcia) was enacted last year to support continued housing production...more

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