16 U.S.C. § 459b–4 — Zoning regulations

submitted 65 years ago by Pub. L. 87-126 to r/title-16-CONSERVATION · 901 words · no verdicts yet

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The Secretary sets standards that town zoning bylaws must meet to limit condemnation on Cape Cod. Congress and the towns get 90 days to review any new standards. Approved bylaws stay valid even after the Secretary changes the rules.

(a) Standards for approval; submission to Congress and municipalities: As soon after August 7, 1961 as practical, the Secretary must issue regulations that set standards for approving town zoning bylaws under section 459b–3. He can update these standards later if conditions change. Before any new or amended standards take effect, he must send them to Congress and to the towns named in section 459b at least 90 days ahead of time (not counting days when the House or Senate is out of session for more than three days in a row). During that 90 days, he must consider any suggestions people send him before making the rules final. All proposed and final regulations must be published in the Federal Register. If a town adopts a zoning bylaw (or changes one) that matches the standards in effect at the time, the Secretary must approve it — unless he had already sent Congress and the towns new proposed standards that the bylaw wouldn't match; in that case he can hold off approving until the new standards are final, and then only approve if the bylaw matches them. Once approved, a bylaw's approval cannot be taken away or weakened by later regulation changes, as long as the bylaw stays in effect as approved. (b) Commercial and industrial use prohibition; acreage, frontage, setback and miscellaneous requirements: The standards must help (1) stop commercial and industrial use of seashore property in the town — except for uses the Secretary allows — and (2) help preserve and develop the seashore area, using rules on lot size, street frontage, setbacks, and similar requirements that fit within Massachusetts law. (c) Adverse provisions and absence of notice for variance as requiring disapproval of local bylaws: The Secretary cannot approve a bylaw or bylaw change if it (1) has anything he thinks would hurt the seashore's preservation and development, or (2) doesn't guarantee that he'll be notified of any variance or exception granted under the bylaw. (d) Termination of suspension of authority for acquisition by condemnation: If a property's protection from condemnation (because of an approved bylaw) is undercut — because (1) a variance or exception is granted for it that breaks the standards in place when the bylaw was adopted, or (2) some new use of the property, starting after the Secretary published the standards, breaks those standards (though a use that follows the bylaw itself doesn't count as breaking the standards) — then the Secretary can decide, at his discretion, to end that property's protection from condemnation. However, the Secretary can instead agree with the property owner to hold off on condemning, on whatever terms he thinks best serve preserving and developing the seashore.

the actual law source: uscode.house.gov ↗public domain

(a) Standards for approval; submission to Congress and municipalities; publication in Federal Register; approval of local bylaws; revocation of approval

As soon after August 7, 1961, as may be practicable, the Secretary shall issue regulations specifying standards for approval by him of zoning bylaws for purposes of section 459b–3 of this title. The Secretary may issue amended regulations specifying standards for approval by him of zoning bylaws whenever he shall consider such amended regulations to be desirable due to changed or unforeseen conditions.

All regulations and amended regulations proposed to be issued under authority of the two preceding sentences of this subsection shall be submitted to the Congress and to the towns named in section 459b of this title at least ninety calendar days (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) before they become effective and the Secretary shall, before promulgating any such proposed regulations or amended regulations in final form, take due account of any suggestions for their modification which he may receive during said ninety-day period. All such regulations and amended regulations shall, both in their proposed form and in their final form, be published in the Federal Register.

The Secretary shall approve any zoning bylaw and any amendment to any approved zoning bylaws submitted to him which conforms to the standards contained in the regulations in effect at the time of the adoption by the town of such bylaw or such amendment unless before the time of adoption he has submitted to the Congress and the towns and published in the Federal Register as aforesaid proposed amended regulations with which the bylaw or amendment would not be in conformity, in which case he may withhold his approval pending completion of the review and final publication provided for in this subsection and shall thereafter approve the bylaw or amendment only if it is in conformity with the amended regulations in their final form. Such approval shall not be withdrawn or revoked, nor shall its effect be altered for purposes of section 459b–3 of this title by issuance of any such amended regulations after the date of such approval, so long as such bylaw or such amendment remains in effect as approved.

(b) Commercial and industrial use prohibition; acreage, frontage, setback and miscellaneous requirements

The standards specified in such regulations and amended regulations for approval of any zoning bylaw or zoning bylaw amendment shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than any commercial or industrial use which is permitted by the Secretary, of all property within the boundaries of the seashore which is situated within the town adopting such bylaw; and (2) promoting the preservation and development, in accordance with the purposes of sections 459b to 459b–8 of this title, of the area comprising the seashore, by means of acreage, frontage, and setback requirements and other provisions which may be required by such regulations to be included in a zoning bylaw consistent with the laws of Massachusetts.

No zoning bylaw or amendment of a zoning bylaw shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and development, in accordance with the purposes of sections 459b to 459b–8 of this title, of the area comprising the seashore, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such bylaw or amendment.

(d) Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses; agreements concerning exercise of authority

If any improved property with respect to which the Secretary’s authority to acquire by condemnation has been suspended by reason of the adoption and approval, in accordance with the foregoing provisions of this section, of a zoning bylaw applicable to such property (hereinafter referred to as “such bylaw”)—

(1)

is made the subject of a variance under or an exception to such bylaw, which variance or exception fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in the regulations issued pursuant to this section and in effect at the time of the passage of such bylaw, or

(2)

is property upon or with respect to which there occurs any use, commencing after the date of the publication by the Secretary of such regulations, which fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in such regulations (but no use which is in conformity with the provisions of such bylaw shall be held to fail to conform or be opposed to or inconsistent with any such standard),

the Secretary may, at any time and in his discretion, terminate the suspension of his authority to acquire such improved property by condemnation: Provided, however, That the Secretary may agree with the owner or owners of such property to refrain from the exercise of the said authority during such time and upon such terms and conditions as the Secretary may deem to be in the best interests of the development and preservation of the seashore.

Source credit: (Pub. L. 87–126, § 5, Aug. 7, 1961, 75 Stat. 290.)

history & why it existsrecord from the source credit

1961Enacted · Pub. L. 87-126 · 75 Stat. 290

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-126 on 1961-08-07.

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