June 1999

By James Lawlor

Texas's development rights vesting law, has passed both houses and will soon be on Gov. George Bush's desk.

The measure freezes the rules in effect when a developer first applied for a building permit. If a permit is over two years old, however, a city may apply revised building code requirements and revised zoning regulations—so long as they do not affect lot size, coverage, or building dimensions. The bill allows regulatory agencies to cancel old permits if no progress has been made on a project for five years after the bill's enactment date.

Still up in the air is SB 1362, which would require planners to be licensed. In response to a request for comments by the bill's sponsor, state senator Chris Harris, the Texas chapter drafted a measure calling for continuing education rather than licensing. Gattis notes that the Texas Municipal League would probably oppose such a bill as an unfunded mandate.

Finally, Texas's version of the Religious Freedom Restoration Act has passed the senate. The act was strongly supported by Gov. Bush. According to the web site sponsored by Americans United for Separation of Church and State, five states have already enacted "baby" RFRAs: Alabama, Connecticut, Florida, Illinois, and Rhode Island. Bills are under consideration in 10 states besides Texas. Similar measures died in two states, and the New Mexico governor vetoed a bill that had passed the legislature.

Rhode Island: Timing is all. Chapter treasurer Derwent Riding reports that a delegation of planners and local officials has been working with building industry representatives to improve a bill intended to shorten subdivision approval deadlines. S 674 would also require municipalities to accept letters of credit in lieu of completion bonds. Riding notes that some local planners have reported problems with letters of credit, even those issued by large financial institutions.

Minnesota: Nonconformity. Gov. Jesse Ventura on April 23 signed a bill protecting nonconforming uses. Specifically, says chapter executive director Cindy Carlsson, HF 854 prohibits city and county governments from terminating any land use (except an adult business) that was legal at the time a zoning provision was enacted. The law does not, however, interfere with ordinances that regulate nuisances.

Of related interest is HF 619, which would treat shooting ranges as nonconforming uses. The measure has passed the house and received a favorable recommendation from a senate committee. Under the bill, Carlsson says, local governments could not close or relocate shooting ranges unless development of nearby land made them an obvious safety hazard. If that happened, the local government would be required to pay the fair market value of the range and its land to the operator, and provide for relocation. The bill would prohibit nuisance lawsuits against shooting ranges that accept the state's safe operating practices.

Good news and bad: Bills that would have provided remedies for owners who contend that their property lost value because of government regulations died in house and senate committees. committee. At the same, however, a $600,000 appropriation measure to support regional planning is apparently stalled in a senate committee. There has been no action on the companion house bill, says Carlsson.

Several measures relating to the Twin Cities Metropolitan Council also did not make it out of committee. According to Carlsson, a proposal is pending to create a legislative work group to study all the Metro Council bills during the current interim, with an eye to enacting new legislation in the 2000 session.

Nevada: A change in attitude? The days of rugged individualism seem to be drawing to a close in Nevada, says Robert Joiner, AICP, a member of the chapter legislative committee. As evidence, he cites several regional planning bills currently before the legislature and lawmakers' interest in such growth management techniques as urban growth boundaries, infill, and neotraditional development.

The proposed legislation includes a senate-passed bill, SB 394, that would mandate regional planning for Clark County, which includes Las Vegas. Meanwhile, the assembly has passed AB 388, which would tighten procedural rules for land-use decisions by the advisory boards of unincorporated towns in the county. The bill also requires formal training for board members.

The assembly has also passed AB 424, which would encourage antisprawl measures in the Reno area. A related bill, AB 563, passed by the assembly in April, provides for "smart growth zones" where infill development would be encouraged.

According to Joiner, the chapter has had some success in getting favorable amendments to these bills, but chances of passage before the legislature's May 31 deadline were impossible to predict.