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Land-use exactions and permit conditions are governed by the Nollan-Dolan rule. [9] In Nollan v. California Coastal Commission, the Supreme Court adopted a test to determine when an exaction is a taking: the municipality "must demonstrate an 'essential nexus' between a harm identified with the proposed development and the required exaction."
Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action.
Some permit requirement jurisdictions allow issuing authorities to impose limitations on CCW permits, such as the type and caliber of handguns that may be carried (Rhode Island, New Mexico), restrictions on places where the permit is valid (New York, Massachusetts, Illinois), restricting concealed carry to purposes or activities specified on ...
Planning permission or building permit refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. [ 1 ] [ 2 ] House building permits, for example, are subject to building codes .
In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations.In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
Phase I permits were issued in much of the U.S. in 1991. The Phase II rule required that all municipalities, construction sites of 1 acre (4,000 m 2) or more, and other large property owners (such as school districts) have NPDES permits for their stormwater discharges. EPA published the Phase II regulation in 1999.
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PSD permits are issued by EPA or a state or local government agency, depending on who has jurisdiction over the area in which the facility is located. In order to obtain a PSD permit, applicants must demonstrate that the proposed new major source, or major modification to an existing source, meets several regulatory requirements.