How Zoning and Land Use Laws May Be Changing…For the Better

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["b"],["i"],["strong"]],"sections":[[1,"p",[[0,[],0,"June 7, 2022"]]],[1,"p",[[0,[],0,"Zoning and land use laws mandate the use and development of real\nestate. New construction projects may be subject to laws that were enacted many\nyears ago, with minimal to no amendments. Some of these laws are outdated in\ncomparison to current public policy, but legislative changes could be on the\nhorizon. One way that zoning and land use laws are affected is through recommendations\nmade by local planning departments and committees. Here are some current\nplanning trends that are impacting change in zoning and land use laws across\nthe United States. "]]],[1,"p",[[0,[0,1],0,"1. \n"],[0,[],2,"Environmental Changes Are Considered\nThrough Hazard Mitigation Planning and Resilient Land Use Designs"]]],[1,"p",[[0,[],0,"In many places, land use and zoning laws have not yet\nadapted to environmental changes. Many areas have not accounted for climate\nimpacts in terms of how to build, where to site, and how to design projects. As\na result, communities are vulnerable to risks associated with natural hazards,\nsuch as personal injury, property loss, and the financial security of\ngovernments and infrastructure. Astoundingly, some luxurious communities remain\nzoned for residential builds, while simultaneously experiencing some of the\nmost damaging wildfires in the United States. With climate variability becoming\nmore prevalent and intense in many areas, and some insurers unwilling to provide\npolicy coverage, communities are proactively planning to adapt local laws to\nprotect against these risks. "]]],[1,"p",[[0,[],0,"One proactive approach that communities are taking is\nintegrating hazard mitigation into their local planning. Hazard mitigation is\nrooted in reducing overall risks and protecting vulnerable populations. The\nCode of Federal Regulations defines hazard mitigation as, \u201cany\nsustained action taken to reduce or eliminate the long-term risk to human life\nand property from hazards.\u201d 44\nC.F.R. \u00a7 201.2. Generally, as part of hazard mitigation planning,\nvulnerabilities are analyzed with respect to the local population. This analysis\nmay include a variety of considerations, including the needs of the affected community,\nstrategies to benefit underserved populations, and accounting for climate variability.\n"]]],[1,"p",[[0,[],0,"Another proactive approach to protecting communities is amending\nregulations to align with resilient design standards. These are regulations that\nmake existing and future developments more durable for when a natural hazard\noccurs. Communities can proactively update their zoning and land use laws to\nreflect areas impacted by climate variability, as well as their building codes\nand design standards to strengthen future development against natural hazards.\nFor example, where an area vulnerable to flooding, local regulations may be amended\nto require elevated outdoor equipment, such as MEP systems, on pedestals or\nplatforms, to bring the systems above the flood elevation. Similarly, in coastal\ncommunities that are impacted by rising sea levels, building design standards\nmay be adjusted to increase the minimum elevation of the lowest occupiable\nfloor for residential use, or require saltwater damage resistance materials in\nnew projects. Planning committees are recognizing that climate adaptation in\nland use designs is a key to success for growth and sustainability. Thus, planners\nare recommending amendments to current laws to align with the community\u2019s sustainability\nand resiliency goals. "]]],[1,"p",[[0,[],0,"Altogether, hazard mitigation plans and resilient design\nstandards aim to mitigate damage to construction projects and the surrounding area\nwhen natural hazards occur. These plans and policies aim to protect construction\nprojects, the environment, and the affected community. "]]],[1,"p",[[0,[0,1],0,"2. \n"],[0,[],2,"Technological Advancements in\nMobility"]]],[1,"p",[[0,[],0,"Another trend that is impacting zoning and land use laws is the\ndeployment of new mobility technologies. Technological advancements in mobility\nhave exponentially grown in recent years, and people are not commuting in the\nsame way they were in the past. Autonomous vehicles in different forms are new\ntechnologies that are visibly present on today\u2019s streets. In many places around\nthe United States, you may regularly see an autonomous automobile or electronic\nbicycle moving past you during your commute."]]],[1,"p",[[0,[],0,"Policies may change to adapt to these new technologies and create\nsafer streets for vehicles and pedestrians. The adaptation of new mobility\ntechnology may influence physical infrastructure, such as the size and width of\nroads, differing travel lanes, or increased (or decreased) highway sizes and parking\nsites. Where governments desire to encourage the use of new mobility\ntechnologies, zoning laws may be amended to decrease open street parking and\ndesignate more space for autonomous and electric vehicles. Arizona is a prime\nexample of how legislation can adapt to, and encourage the use of, new mobility\ntechnology. In 2021, Arizona\u2019s governor signed into law H.B. 2813, which\nestablishes procedures for autonomous vehicle use, accident reporting, and\nequipment standards. Under this law, an autonomous vehicle can operate on\npublic roads without a physical driver, but only when other conditions are met,\nsuch as submission of a plan with protocols developed by the Arizona Department\nof Public Safety. From this example, it is clear that laws may be adapted to\nencourage or limit the use of new mobility technologies, depending on how\ngovernments react to it. "]]],[1,"p",[[0,[0,1],0,"3. \n"],[0,[],2,"Creating Equity Through Affordable\nHousing, Avoiding Displacement, and Focusing on Health and Inclusivity"]]],[1,"p",[[0,[],0,"Another policy planning goal is creating equity between\npopulations in local communities. But how exactly is equity determined? Public\nmeetings are commonly held to determine the community\u2019s needs, and who will\nbenefit or be impacted by policy changes. These meetings can result in policy\naction plans with recommended changes to current law."]]],[1,"p",[[0,[],0,"When focusing on equity, a goal for many communities is minimizing\ndisplacement of vulnerable populations. To avoid displacement, policies that\naim to preserve and build affordable housing are prioritized. Affordable\nhousing policies can be complimentary to environmentally conscious goals as\nwell because affordable housing can involve sustainable building practices. Sustainable\nhousing contributes to lower utility and maintenance costs, as well as improved\nbuilding performance and durability. Along with this, plans that protect the\ntenure of residents, and retain and grow small businesses, are becoming a\npriority when recommending amendments to current zoning laws. "]]],[1,"p",[[0,[],0,"In addition, communities are shifting their focus to create healthy\nand inclusive spaces. Local governments are adopting policies and planning designs\nthat encourage healthy lifestyles, such as increasing walkability and outside\naccess through sidewalks and non-vehicular pathways. Planners are encouraged to\ndesign environments for not only the majority of the population, but marginalized\nand disabled individuals too. All community members benefit through goals such\nas pollution reduction, improved public health, renewable energy retrofits, and\nlower energy costs."]]],[1,"p",[[0,[],0,"In all, construction projects are always subject to zoning and\nland use laws. These laws are impacted by local community needs and goals. Considering\nthese planning trends, zoning and land use laws may be changing to create a\nbetter, more sustainable and equitable environment for local populations. "]]],[1,"p",[[0,[1,2],2,"AIA Contract Documents has provided this article for general\ninformational purposes only. The information provided is not legal opinion or\nlegal advice and does not create an attorney-client relationship of any kind.\nThis article is also not intended to provide guidance as to how project parties\nshould interpret their specific contracts or resolve contract disputes, as\nthose decisions will need to be made in consultation with legal counsel,\ninsurance counsel, and other professionals, and based upon a multitude of\nfactors. "]]]]}