The Unique Administrative Law of Land Use

Land use law operates unusually within the framework of administrative law, particularly due to its distinct requirement for public participation in development proposals. This contrasts with most administrative processes where public hearings typically occur only during the establishment of broadly applicable rules, not on individual permit applications. The evolution of land use regulations over the past century has fostered expectations of public involvement, leading to contentious meetings that can complicate housing development. While public hearings are held for general zoning rules, attendance at these meetings is often low, diminishing their effectiveness in driving actionable policies. A suggested reform advocates for maintaining robust public involvement during rule adoption but proposes eliminating it for specific development approvals, arguing that this adjustment would align land use law more closely with standard administrative practices and enhance decision-making in planning processes.