Introduction

This guide provides an introduction to land use law research in the United States, specifically land use regulation and zoning and planning law. Given the breadth and jurisdiction-specific nature of land use law, this guide is inherently selective. Useful information will also be available in sources on environmental law, historic preservation, real estate and property law, and municipal law. See our Treatise Finder and other topical and jurisdictional research guides for a more information on how to find these resources.

Getting Started

The following sources provide good introductions to, and overviews of, land use law:

• American Law of Zoning (5th ed.) (AMLZONING)
  Also available in print (KF5698 .A76 2008)
  This multi-volume treatise provides a good introduction to legal authority for land use regulation and entities involved in zoning and planning as well as a history of zoning law. Discusses planning, zoning, and subdivision control.
  
  
• Land Use in a Nutshell (5th ed. 2006) (KF5695 .Z9 W74 2006)
  This study aid outlines major topics in the study of land use and planning. It offers explanations on the historical development of land use law and also devotes a chapter to discussing critical contemporary land use issues. Chapters also include discussions of zoning, Fifth Amendment limits on land use regulations, housing and urban redevelopment, local environmental law as a land use issue, and historical and cultural interest protection.
  
  
• Land Use Planning and Development Regulation Law (2d ed. 2007) (KF5692 .J84 2007)
  A hornbook that provides an introduction to "the fundamentals of land use planning and control law." The "practitioner" version of this book is available on Westlaw (LUPDRL).
  
  
• Rathkopf's The Law of Zoning and Planning (4th ed.) (RLZPN)
  Also available in print, but no longer updated (KF5698 .R27 2005)
  This five volume treatise extensively covers zoning law.

Primary Law

Cases, Statutes, and Regulations

The Georgetown Law Library's research guides and tutorials provide information on researching cases, statutes, and regulations generally:

• Case Law Research Guide and Case Law Research Tutorial
  
  
• Statutes Research Guide and Statutory Research Tutorial
  
  
• Administrative Law Research Guide and Administrative Law Tutorial

Additional sources for finding land use and zoning laws include the following:

• Ordinance Law Annotations (ORDLAWANNO)
  A large digest of cases interpreting and applying city and county ordinances. Arranged topically.
  
  
• Shepard's Ordinance Law Annotations (KF5313 .S5, subscription cancelled in 2007)
  Citations to cases that interpret and apply city and county ordinances.
  
  
• Gaining Ground Information Database (Land Use Law Center for Sustainable Development)
  Contains examples of federal and state laws, local ordinances, research papers, and other documents related to land use.

Municipal Codes

There is no single source for municipal codes. Municipal codes may be available on a municipality's website, and the Georgetown Law Library's state research guides include where to find some municipal codes in a particular state. The following are key sources of municipal codes:

• LexisNexis has a large collection of municipal codes. Find municipal codes for a particular state under Legal > States Legal - U.S. > [State] > Find Statutes, Regulations, Administrative Materials & Court Rules > [State] Municipal Codes.
  
  
• Many publishers of municipal codes provide electronic access on their websites. Note: This may not be the official version of the code, and researchers may need to contact the municipality or visit its website to identify any recently enacted ordinances not yet codified.
  
  
  • Municode Library (Municipal Code Corporation)
    
    
  • American Legal Publishing's Code Library
    
    
  • General Code's E-Code Library
    
    
  • Code Publishing Company's eLibrary
    
    
  • Sterling Codifiers Codes Online
    
    
  • Coded Systems Code Library
    
    
• Gaining Ground Information Database (Land Use Law Center for Sustainable Development)
  Contains examples of federal and state laws, local ordinances, research papers, and other documents related to land use.
  
  
• Buck Abbey, U.S. Landscape Ordinances: An Annotated Reference Book (1998) (KF5692.Z95 A23)
  A survey of landscape ordinances from municipalities throughout the United States.
  

Building Codes

States and municipalities generally adopt commercially published building codes (e.g., building, fire, electrical codes, et cetera). The complete text of these codes is not always incorporated into the state or municipal code, which may only contain information on the adoption of the code and/or any changes made by the state or municipality. To find the full text of the code, you may need to obtain a copy from a library. The Georgetown Law Library has copies of the building codes adopted by the District of Columbia. Additional resources for researching building codes include the following:

• Public.Resource.Org
  Find scans of many building codes (see "Bulk Access to Codes" in the upper right).
  
  
• Building Code Reference Library (Reed Construction Data)
  A useful list of codes adopted by "all 50 states, major cities, and some counties."
  

Secondary Sources

Treatises

• American Land Planning Law (ALPAW)
  Also available in print (KF5698 .W54)
  This multi-volume treatise covers public regulation of land use. The most recent edition covers the increasing importance of the federal government, particularly the federal judiciary, in the field.
  
  
• American Law of Zoning (5th ed.) (AMLZONING)
  Also available in print (KF5698 .A76 2008)
  This multi-volume treatise provides a good introduction to legal authority for land use regulation and entities involved in zoning and planning as well as a history zoning law. Discusses planning, zoning, and subdivision control.
  
  
• Discretionary Land Use Controls: Avoiding Invitations to Abuse Discretion (2011) (DISCLU)
  The 2005 edition is also available in print (KF5698 .B59 2005)
  Discusses the situations in which a abuse of discretion is more likely to occur and how to avoid it. There are chapters on, for example variances, special use permits, and site plan review, and each ends with useful "practice tips."
  
  
• Environmental Regulation of Land Use (ENVRLNDU)
  Also available in print, but no longer updated (KF5698 .M264 1990)
  Discusses the major environmental laws that impact land use and planning decisions.
  
  
• Handling the Land Use Case: Land Use Law, Practice & Forms (3d ed.) (LANDUSELAW)
  Summarizes the substantive land use law as well as the practical matters of handling a land use case. The appendices include sample documents for all stages of litigation and appeals and sample agreements.
  
  
• Land Use Law (5th ed.) (Land Use Law)
  Also available in print, but no longer updated (KF5698 .M29 2003)
  This selective treatise is designed to review case law, statutes, and planning practice in land use.
  
  
• Federal Land Use Law & Litigation (2011) (FEDLANDLAW)
  Reviews the "federal, constitutional, and statutory limitations on local land use controls" and includes chapters on due process and equal protection, takings, freedom of expression, religious uses, and more.
  
  
• A Practical Guide to Winning Land Use Approvals and Permits (A Practical Guide to Winning Land Use Approval and Permits)
  Provides practical guidance on obtaining and opposing approvals and permits and covers zoning requirements, environmental requirements, variances, special use permits, and judicial review. This guide also includes step-by-step case studies and forms such as sample ordinances and permit applications.
  
  
• Rathkopf's The Law of Zoning and Planning (4th ed.) (RLZPN)
  Also available in print, but no longer updated (KF5698 .R27 2005)
  This five volume treatise extensively covers zoning law.
  
  
• State and Local Government Land Use Liability (STLOCLAND)
  Discusses the legal issues states and municipalities face when regulating land use. Includes useful information on issues to consider when drafting, adopting and amending, administering, and enforcing land use regulations.
  
  
• Subdivision Law and Growth Management (2d ed.) (SUBLAWG)
  Also available in print, but no longer updated (KF5698 .K87 2001)
  This two-volume treatise provides a good introduction to the law and issues surrounding subdivisions and growth management and includes information on various growth management techniques, financing, and evaluation.
  
  
• Zoning and Land Use Controls (Zoning and Land Use Controls)
  Also available in print, but no longer updated (KF5698 .R63)
  Covers modern land use law trends such as sign regulation and adult-use businesses. It focuses on local controls of land, but also discusses state and federal controls. It also incorporates primary materials and practical issues and includes a full set of the Model Planning Statutes. Also includes sample documents and forms.
  
  
• Zoning Law and Practice (4th ed.) (Zoning Law and Practice)
  Also available in print (KF5698 .Y63 1978)
  An eight-volume practice-oriented treatise covering a range of zoning issues from variances to parking to signage and includes a number of forms.
  
  
• Zoning and Planning Deskbook (2d ed.) (ZPLDESK)
  Two-volume treatise providing a basic, practical introduction to land use and planning law issues.

Many municipal law, real estate and property law, and environmental law treatises are also likely to contain relevant information on land use and zoning law and related issues. Find a list of useful municipal law, real estate and property law, and environmental law treatises in our Treatise Finder.

Study Aids

• Climate Change and Sustainable Development Law in a Nutshell (2011) (KF3783 .N65)
  Provides a good introduction to the legal framework and has chapters on federal, state, and local law and policies; energy efficient buildings; green buildings; green neighborhoods and transit-oriented development; renewable energy; sequestration; and sea level rise.
  
  
• Land Use in a Nutshell (5th ed. 2006) (KF5695 .Z9 W74 2006)
  This study aid outlines major topics in the study of land use and planning. It offers explanations on the historical development of land use law and also devotes a chapter to discussing critical contemporary land use issues. Chapters also include discussions of zoning, Fifth Amendment limits on land use regulations, housing and urban redevelopment, local environmental law as a land use issue, and historical and cultural interest protection.
  
  
• Land Use Planning and Development Regulation Law (2d ed. 2007) (KF5692 .J84 2007)
  A hornbook that provides an introduction to "the fundamentals of land use planning and control law." The "practitioner" version of this book is available on Westlaw (LUPDRL).
  
  
• Understanding the Law of Zoning and Land Use Controls (2d ed. 2009) (KF5698 .B87 2009)
  This study aid covers zoning, land use, and environmental regulation with sections on authority for zoning and land use regulation, zoning forms of action, economic discrimination and zoning, wetlands and beaches, and more.
  

State Legal Encyclopedias and Practice Materials

State legal encyclopedias and practice sets are a useful resource for helping to determine how land use is regulated in a particular state. To see if there is an encyclopedia or practice set available for a state, see the relevant Georgetown Law Library state research guide (under "General" resources).

Journal Articles

Articles on land use law and related topics can be found in many law reviews and journals. In addition, there are numerous legal journals devoted exclusively to land use law and relevant articles may also be found in non-legal journals, such as urban and regional planning journals. Below is a select list of legal journals focusing on land use law and related topics and full text databases and indexes that can used to search for articles on this topic.

Select List of Land Use Law and Related Journals

• Journal of Land Use & Environmental Law (available in print (K10 .O484, 1985-2008) and electronically (1985 - ))
  
  
• Public Land and Resources Law Review (available in print ( K16 .U2262, 1980-2008) and electronically (1980 - ))
  Formerly titled Public Land Law Review.
  
  
• Journal of Land, Resources & Environmental Law (available in print (K10 .O8597), 1980-2010) and electronically (1980 -))
  Formerly titled Journal of Energy Law & Policy (1980-1989) and Journal of Energy, Natural Resources & Environmental Law (1990-1996)
  
  
• Sustainable Development Law & Policy (available in print (K23 .U52, 2002-2009), and electronically (2000 - ))
  Formerly titled International and Comparative Environmental Law.
  
  
• The Urban Lawyer (available in print (K25 .R32) and electronically from 1969 - )
  Published quarterly by the ABA Section of State and Local Government. Regularly includes articles on land use law.
  
  
• Washington University Journal of Law and Policy (available in print (K27 .A84, 1968-2010) and electronically (1968 -))
  Formerly titled the Washington University Journal of Urban and Contemporary Law (1983-1998) and Urban Law Annual (1968-1982).

Law Journal Databases

• Westlaw and LexisNexis each include the full text for over 500 law reviews and journals. Coverage varies by journal, but in general they include articles starting from the late 1980s/early 1990s:
  
  
  • Westlaw: JLR
    
    
  • LexisNexis: US & Canadian Law Reviews, Combined
    
    
• HeinOnline includes the full text of over 1,500 legal periodicals from the inception date of the publication to present (about a year behind)
  
  
• LegalTrac (formerly known as the Legal Resource Index) Tutorial
  Index of over 1,500 legal periodicals (with some full text); coverage begins in 1980. Also available through
  • Westlaw: LRI
  • LexisNexis: Legal Resource Index
    
    
• Legal Periodicals and Books Tutorial
  Index of approximately 850 journals; coverage begins in 1981. Also available through
  • Westlaw: ILP
    
    
• Legal Periodicals and Books Retrospective Tutorial
  Index of approximately 750 journals; coverage from 1908 to 1981

Other Journal Databases

• Academic Search Premier
  Contains approximately 8,500 periodicals (about 4,600 in full text). Dates of coverage vary by publication.
  
  
• ProQuest Research Library
  Contains approximately 5,000 periodicals (about 3,500 in full text). Dates of coverage vary by publication.
  
  
• Google Scholar
  Find articles from scholarly literature--journals, conference papers, theses and dissertations, and more--on the web. To access the full text of articles found in Google Scholar through one of Georgetown's subscription databases, use Google Scholar Library Links.

If the full text of the article is not available in a particular index/database, click on the link "Full Text @ GU Law" to find an electronic version of the article, if available, or "GULLiver @ GU Law" to search the catalog for the library's print holdings. If the article is not available electronically or in print, you can submit an Interlibrary Loan Request. For information on other journal databases and how to find journal articles generally, see our Using Articles for Legal & Non-Legal Research guide.

News & Current Awareness

Newsletters and Magazines

• Communications, Environmental & Land Use Law Report (CELULR)
  Available from BNA's Telecommunications Law Resource Center.
  Articles, news stories, and primary materials related to environmental and land use issues in communications industry.
  
  
• Land Letter (available electronically from E&E Publishing, 2008 - )
  Weekly newsletter reporting on recent developments in natural resources policy and law. Access E&E's other newsletters--ClimateWire, Greenwire, and E&E Daily--on this site as well.
  
  
• Land Lines (Available in print (HD108.6 .L36, July 2005 - )
  A quarterly magazine published by the Lincoln Institute of Land Policy. Articles are also available on the Institute's website as early as January 1994.
  
  
• McQuillin Municipal Law Report (MUNI-LR, 2001 -) (also available in print (KF5304.A15 M3 (1992-2007))
  A monthly newsletter reporting on state and federal court decisions dealing with municipal law, including land use, zoning, and planning.
  
  
• Planning & Environmental Law ((PEL) (May 2002 - )
  Published monthly by the American Planning Association and includes summaries of cases and legislation and commentary. Also available in print (KF5697.A15 L3, 1996-1998, 2003-2008)). Formerly the Land Use Law & Zoning Digest.
  
  
• Zoning Law Bulletin/Quinlan Zoning Bulletin (QNLNZONING) (January 1996 - )
  Biweekly newsletter covering recent court cases and developments related to zoning ordinances and regulations.
  
  
• Zoning and Planning Law Report (ZONPL-TEXTS)
  A monthly newsletter that "provides a succinct, practical treatment of important developments in zoning and planning law, through timely articles, decisions, and reviews of recent cases." Also available in print (KF5697.S15 B6, volumes 19-30).
  

Blogs

• Greater Greater Washington
  Reports on issues related to development, transportation, and other planning issues in the Washington, D.C. area.
  
  
• Land Use Prof Blog
  Regularly updated and edited by four law professors who specialize in land use law.
  
  
• Law of the Land
  A blog by Professor Patricia E. Salkin, a law professor at Albany law School and expert on land use law and zoning.
  
  
• Livability Law
  A blog from the law firm Dustin C Jones PLC that contains information on issues related to land use, zoning, and sustainability.
  
  
• Planetizen
  Posts news of interest to the urban planning and development community.
  
  
• To find other blogs on land use law, see the ABA Blawg Directory or Justia Blawg Search (see "Real Estate & Property").

Continuing Legal Education (CLE) Resources

• ALI-ABA Land Use Institute
  Course of study materials from the ALI-ABA Land Use Institute are available on LexisNexis. Materials from as early as 1996.

Dictionaries & Encyclopedias

• A Glossary of Zoning, Development, and Planning Terms (1999) (HT169.6 .G66 1999)
  
  
• The Zoning Dictionary: Resource Materials for Planners (1999) (HT169.6 .Z65)
  
  
• Language of Zoning: A Glossary of Words and Phrases (1976) (HT169.6 .M47 1976)

Other Resources

Websites

• About Planning
  A directory of planning websites.
  
  
• Adaptation Clearinghouse (Georgetown Climate Center)
  Resources on law and policy related to climate adaptation. Searchable by keyword, resource type, sector, or impact. Links to key resources such as the Adaptation Tool Kit: Sea-Level Rise and Coastal Land Use and a list of state and local climate adaptation plans.
  
  
• Cyburbia
  An online forum for the planning community.
  
  
• Land Use Law (Professor Daniel R. Mandelker)
  This site links to articles, cases, statutes and ordinances, and other relevant information on land use law. Also has updates to the casebook Planning and Control of Land Development.

Government Agencies, Associations, Organizations & Institutes

• American Planning Association
  Association for planning professionals. Publishes the Journal of the American Planning Association.
  
  
• Brookings Institution - Metropolitan Policy Program
  This program conducts research and policy analysis on issues of concern to metropolitan areas, such as economic development and sustainable growth. The website provides access to reports from 1996 to present.
  
  
• Environmental Protection Agency
  The EPA's website contains environmental laws, research, and other relevant information. The sustainable practices portal, for example, contains information on smarth growth and green buildings.
  
  
• Georgetown Climate Center
  A nonpartisan center at the Georgetown University Law Center that "seeks to advance effective climate, energy, and transportation policies in the United States--policies that reduce greenhouse gas emissions and help communities adapt to climate change." The Center's website has a wealth of useful information including the Adaptation Clearinghouse, a legislation tracker, climate and energy news, and reports.
  
  
• Land Use Law Center for Sustainable Development (Pace Law School)
  The Land Use Law Center "is dedicated to fostering the development of sustainable communities and regions through the promotion of innovative land use strategies and dispute resolution techniques." The website provides access to the Gaining Ground Information Database that contains examples of federal and state laws, local ordinances, research papers, and other documents related to land use.
  
  
• Land Use Planning and Zoning Committee
  A committee of the ABA Section of State and Local Government Law.
  
  
• Lincoln Institute of Land Policy
  A private foundation that provides education and promotes and conducts research on land policy. The Institute's website provides access to working papers, reports, and Land Lines magazine, as well as other resources such as the Atlas of Urban Expansion, which provides information on urban expansion worldwide, and tax tools.
  
  
• Natural Resources Defense Council
  An environmental advocacy organization. Smart growth ("fostering sustainable communities") is one of its six main priorities.
  
  
• Office of Ocean and Coastal Resource Management
  A division of the National Oceanic and Atmospheric Association, the OCRM administers a number of programs, such as the Coastal Zone Management Program, "that assist states in managing, preserving, and developing their marine and coastal resources."
  
  
• Rocky Mountain Land Use Institute (University of Denver Sturm College of Law)
  The RMLUI "seeks to elevate the law, policy and practice of sustainable development in the West to promote nature-friendly, prosperous and equitable communities." The Institute hosts an annual conference on land use law and has promulgated the Sustainable Community Development Code Framework, which helps communities create zoning laws that encourage sustainable development.
  
  
• Smart Growth America
  An advocacy organization that promotes smart growth and liveable communities. The SGA website provides access to their research and policy reports and other information on housing, transportation, and other issues.
  
  
• Urban Land Institute
  A non-profit research and educational organization with over 30,000 members including planners, lawyers, and developers. The website provides access to research reports and Urban Land magazine (January 2010 - ).
  
  
• U.S. Department of Housing and Urban Development
  The mission of HUD "is to create strong, sustainable, inclusive communities and quality affordable homes for all." Access statistics, reports, and other information available from the Office of Policy Development and Research.
  
  
• U.S. Green Building Council
  The USGBC is a "non-profit organization committed to a prosperous and sustainable future for our nation through cost-efficient and energy-saving green buildings." It developed and administers the LEED green building certification system. The website provides access to reports and newsletters.

Further Research Tools

Subject Headings

To find additional sources on land use law in the Georgetown Law Library, search GULLiver by subject using the following select, alphabetical list of subject headings. You may need to add a geographic location to certain headings; for example "Zoning law -- United States." To find additional subject headings, view the record for a relevant book and scroll down to "Subject."

• City planning and redevelopment law
  
  
• Landscape protection -- Law and legislation
  
  
• Land use -- Law and legislation
  
  
• Regional planning -- Law and legislation
  
  
• Sustainable development -- Law and legislation
  
  
• Zoning law

Collections of Land Use Law Resources in Westlaw and LexisNexis

• To browse resources on land use law available in Westlaw, go to Directory > Topical Materials > Environmental Law OR Municipal Law OR Real Property
  
  
• To browse resources on land use law available in LexisNexis, go to Area of Law by Topic > Real Estate OR Environmental Law

Other Research Guides

There are other guides on land use law research that may also be useful, including those listed below. However, you will have to search GULLiver or contact the reference desk to see if some of the resources discussed therein are available at Georgetown.

• Land Use Law Research (Pace Law Library)
  
  
• Land Use, Planning and Zoning Law Resource Guide (Cleveland-Marshall College of Law Library)
  
  
• "Land Use Resources on the Internet," in American Law of Zoning (5th ed.) (AMLZONING)
  Also available in print (KF5698 .A76 2008)
  
  
• "Internet Guide to Climate Change & Sustainable Development Research" in Climate Change and Sustainable Development Law in a Nutshell (2011) (KF3783 .N65)
  
  
• Specialized Legal Research (KF240 .S64 1987)
  See chapter "Environmental Law and Land Use Planning"

Revised 12/2011 (MMS)