Land Use Law

2 04, 2017

It Appears that the “Growlette” a Smaller Growler is Coming to Maryland

April 2nd, 2017|Land Use Law|

It appears that the soon to be completed 2017 session of the Maryland General Assembly will establish a 32 ounce nonrefillable container permit in the State. The permit authorizes the sale of draft beer for off-premises consumption by packaging the beer in a nonrefillable container that meets specified standards.

15 01, 2016

Nevada Stops Subsidizing Net Metering

January 15th, 2016|Land Use Law|

In the final days of 2015, Nevada became the front line in the nationwide debate over energy policy when the Public Utilities Commission of Nevada cut rates for net metering impacting homeowners with rooftop photovoltaic panels.

10 01, 2013

Referendum Not Permitted in Baltimore City

January 10th, 2013|Land Use Law|

A “referendum” broadly speaking is the reservation by the people of the State, or local subdivision, of the right to have submitted for their approval or rejection, under certain prescribed conditions, a law or part of a law passed by the law making body. More particularly, the term referendum under Maryland law means that power [...]

10 06, 2007

2008 Comes Early for Baltimore County Rezoning Process

June 10th, 2007|Land Use Law|

Months before the ball drops at Times Square heralding the arrival of 2008, the year 2008 comprehensive zoning map process begins in Baltimore County. The year 2008 comprehensive rezoning actually commences September 4, 2007. All landowners - whether needing a zoning change for proposed new development or simply seeking to assure that their property is [...]

10 10, 2006

PUD Process In Baltimore County Is Innovative Approach To Land Use

October 10th, 2006|Land Use Law|

Baltimore County’s updated and revised planned unit development (PUD) regulations offer an innovative approach to land use approvals. PUDs Defined PUDs are defined in a widely quoted New Jersey court decision as “getting away from the Euclidean principle of blocking out designated districts for specific uses, and instead permitting a variety of uses within already [...]

10 03, 2006

Oregon’s Property Rights Law Portends Change for Maryland

March 10th, 2006|Land Use Law|

The Oregon Supreme Court has just upheld a sweeping voter initiated measure that allows a property owner to seek compensation from the government if land use regulations reduce the value of their land. Given that Oregon’s land use laws are often cited as the philosophical underpinning of Smart Growth, this measure protecting private property rights [...]

10 12, 2004

New Baltimore County Redevelopment Charrette Process Offers Opportunities

December 10th, 2004|Land Use Law|

Baltimore County property owners have a new arrow in their quiver for large scale redevelopment in older communities. With the adoption of the Renaissance Redevelopment Pilot Program, by Bill 120-04 effective for five years beginning December 19, 2004, the County Council tweaked the collaborative design process that had been advanced by the County Executive as [...]

10 11, 2004

Oregon’s Measure to Pay for Regulatory Taking of Property Portends Well for Maryland

November 10th, 2004|Land Use Law|

In a major victory for property rights, on November 2, 2004, Oregon voters passed Ballot Measure 37 with 60% of the vote. The measure provides that an owner of private real property is entitled to receive just compensation when a land use regulation is enacted after the owner (or a family member) became the owner [...]

10 11, 2003

New Zoning Variance Decision is “Much Ado About Nothing”

November 10th, 2003|Land Use Law|

Much attention is being paid to a recent decision by the Court of Appeals of Maryland that vacated an order of the Wicomico County Board of Zoning Appeals because the Board improperly denied a variance request to build a hunting camp within the Chesapeake Bay Critical Area Buffer. Front page stories in the print media [...]

10 08, 2003

A Brief History of Zoning in Maryland

August 10th, 2003|Land Use Law|

Zoning is a relatively new invention in Maryland. Zoning did not exist when the province of Maryland was first granted in 1634 and it was not until nearly 300 years later that the courts first upheld the enactment of a zoning ordinance in Baltimore City. Comprehensive zoning has its origins in Germany in 1884. And [...]