For many years, enabling statutes have authorized a broad array of local governments to deal with the pressures of development. Municipalities have historically enacted zoning, subdivision regulation site plan approval and other traditional land use controls. More recently, municipalities have begun to regulate in more non-traditional areas, such as historic preservation, architectural review, flood control, etc.

Municipal officials—and the municipal attorneys who guide them—are faced with the problem of enacting and administering these land use controls. In addition, when these local land use regulations are violated, municipal officials must devise strategies for the enforcement thereof.

This program provides a basic-level review of the typical methods of enactment, administration and enforcement of various land use regulations. Included in this review is a discussion of how to comply with the State Environmental Quality Review Act (SEQR) in the enactment and administration of these controls. In addition, the various state and federal restraints on enforcement of these controls are discussed.

Program Contents

· Statutory Framework of Municipal Land Use Laws and Regulations

· Enactment of Municipal Land Use Laws and Regulations

· Administration of Local Land Use Laws and Regulations

· Interplay of SEQR with Land Use Laws and Regulations

· Enforcement of Municipal Land Use Laws and Regulations

· Federal and State Limitations Upon Municipal Land Use Law

· Ethical Issues Involved in the Practice of Municipal land Use

Program Speakers

Robert H. Feller, Esq. (Chair)
Bond Schoeneck and King, PLLC
—Albany

Andrew Brick, Esq.
The Brick Law Firm
—Westerlo

Matthew F. Fuller, Esq.
FitzGerald Morris Baker Firth P.C.
—Glens Falls

Riele Morganiewicz, Esq.
New York State Conference of Mayors
—Albany

Mark Schachner, Esq.
Miller, Mannix, Schachner & Hafner LLC
—Glens Falls

Lawrence H. Weintraub, Esq.
Senior Attorney
New York State Department of State
—Albany

Harry J. Willis, Esq.
Associate Attorney
New York State Department of State
—Albany

Total MCLE Credits                        7.0

Ethics MCLE Credits                      1.0

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the “MCLE coursebook.”