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April 10, 2013 Volume 7 Issue 7 <br />Zoning Bulletin <br />HAWAII <br />State senators recently advanced a bill, Senate Bill 215, which would <br />"create a Public -Private Partnership Authority that would promote <br />development projects." The authority would not have exemptions from <br />state land use regulations (as does the Public Land Development Corp, <br />which is expected to be repealed), but counties, by ordinance or memo- <br />randum of agreement, could waive zoning, land use, and permitting <br />requirements on any project prior to construction. The bill was approved <br />by the Senate Ways and Means Committee and the Senate Education <br />Committee, and now goes to the full Senate. <br />Source: Star Advertiser; htty://www.staradvertiser.com, <br />MONTANA <br />A Helena judge is weighing "whether the city can use its zoning author- <br />ity to regulate the kinds of materials used in building, or if, . . . that <br />power rests solely with the state." A 2008 Helena ordinance established <br />the wildland-urban interface zone, which encompasses the entire city. <br />Among other things, the ordinance regulates building materials. For <br />example, it prohibits new wood shingles —the purpose of which is to resist <br />the spread of fire. A local homeowner sued and has argued that state law <br />prohibits cities from enacting building codes beyond the statewide code <br />established by the Department of Labor and Industry. The city has argued <br />that the state building code law expressly excludes zoning regulations <br />from its prohibition on city rulemaking. It also argued that state law <br />specifically allows municipalities to "regulate and restrict the erection, <br />construction, reconstruction, alteration, repair and use of buildings, <br />structures or land," and to "enact zoning ordinances that promote the <br />health, safety, morals or general welfare of the community." <br />Source: Independent Record; httv://helenair.com <br />NEW. YORK <br />The Town of Warwick recently passed two zoning laws —"one that <br />prohibits fracking waste byproducts on town roads and the other prohibit- <br />ing heavy industry altogether." <br />Source: Warwick Advertiser; htty://warwickadvertiser.com <br />12 © 2013 Thomson Reuters <br />