Enabling Legislation for Traditonal Neighborhood Development Regulations

Abstract

Many communities around the country are exploring ways to encourage new development to embrace traditional neighborhood design principles. TND regulations have been enacted by local governments in several states without express enabling legislation, including North Carolina, Florida, Texas, Virginia, and Ohio. The question remains: Is express enabling authority for such regulations necessary? This article examines some of the legal issues surrounding TND regulations and describes the relatively new enabling legislation passed in Connecticut, Pennsylvania, and Wisconsin, which provides support for local TND regulations.