WE CAN’T REGULATE THAT?
As attorneys who regularly confront land use issues, we often encounter certain areas where local governmental regulatory authority is either completely or significantly circumscribed by state or federal statutory authority. As a result, local governments are not free to undertake regulation without facing the potential that they may have just acted contrary to state or federal law. The purpose of this paper is to address those areas where local government regulation is limited, either in toto or in part, ranging from broad issues like religious land use regulation to allowing propane gas tanks to be sold out front at the local convenience store. In no particular order, I have attempted to provide a
synopsis of these diverse land use issues.