HB 416 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 416	MT	2017	R	Environmental review, Written findings, burden and standard of proof

Provided by Furman

Summary

First, this bill clarifies that an environmental assessment conducted pursuant to local regulation of subdivisions is distinct from an environmental review conducted pursuant to planning boards, and that the standards for environmental review are not applicable to environmental assessments.
Second, this bill requires findings of fact when local governments review subdivision applications to be based on the record as a whole.
Third, this bill requires district courts to sustain a governing body’s decision to approve, conditionally approve, or deny a subdivision application, based on the record as whole, unless the petitioner can show that the decision being challenged is arbitrary, capricious, or unlawful.

Provided by lawmakers