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Real Property & Development Review

Tag Archives: Land Use

Is Your Floating Home a “Vessel?”

Posted in Land Use

Early this year, the United States Supreme Court decided a case that could have had far-reaching effects on local land use regulations affecting floating homes.  However, the Court’s opinion in this case, Lozman v. City of Riviera Beach (No. 11-626), appears to have left most of these regulations intact—at least for the time being.  The… Continue Reading

Oregon’s Integrated Water Resources Strategy Explores Relationships Between Water and Land Use Regulation

Posted in Land Use

The Oregon Water Resources Department (“WRD”) recently released what WRD hopes will be the final draft  of Oregon’s strategy to manage the state’s water resources. The 2009 Oregon Legislature required WRD to develop an “Integrated Water Resources Strategy” (“IWRS”) to protect water quality and ensure adequate water supplies. The IWRS seeks to promote better coordination… Continue Reading

“Manner” or “Purpose” – More Confusion from the PCHB in Painted Summer Hills, LLC v. Department of Ecology, PCHB No. 09-006

Posted in Environmental

If you have a water right issued by the Washington Department of Ecology, you may not think very much about whether it is called a water right “permit” or a water right “certificate.” Permit, certificate, isn’t it the same? Truth be told – No, these documents are not the same, and may be treated very… Continue Reading

Department of Ecology Releases Guidance on Climate Change and SEPA

Posted in Environmental

Authored by:  Craig Gannett, Lauren Giles, and Clayton P. Graham On May 27, the Washington Department of Ecology (“Ecology”) released draft Guidance regarding the analysis of climate change impacts under Washington’s State Environmental Policy Act (“SEPA”). The Guidance, which will be open for comment until June 25, proposes extensive analysis of both direct and indirect greenhouse… Continue Reading

EPA to Regulate Greenhouse Gas Emissions

Posted in Environmental

Authored by:  Lauren Giles, Kerry Shea, and Clayton Graham Findings recently issued by the Environmental Protection Agency (EPA) could be the first step in national regulation of greenhouse gas (GHG) emissions under the Clean Air Act. Although the findings apply only to new motor vehicles and engines for the time being, they lay the groundwork… Continue Reading

Municipalities Shut Down Haunted Houses as “Unsafe Structures”

Posted in Real Estate

If your Halloween festivities include building a haunted house, take care to comply with any local regulations that apply to the structures or your attraction could be shut down. Examples abound this time of year. Officials in Tonawanda, New York, have shut down one haunted house that had become a 15-year long tradition in its neighborhood. In an… Continue Reading