Topic:
DEMOLITION; MUNICIPAL BOARDS AND COMMISSIONS; ZONING;
Location:
DEMOLITION AND DEMOLITION CODE; PLANNING AND ZONING;

OLR Research Report


January 30, 2007

 

2007-R-0132

BLASTING FACILITIES AND ZONING REGULATIONS

By: Veronica Rose, Principal Analyst

You asked if any neighboring state has the authority to override a local zoning board's decision on the location of blasting storage facilities.

We researched the laws of the following states and found no law that allows the state to override a local zoning board's decision on the specific issue of the location of blasting storage facilities: Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. Typically, a state may override local zoning decisions in one of two ways: by (1) regulating a matter itself (preemption) or (2) mandating how the local authority may regulate it (defining law). We found no law in any of the states preempting local regulation of blasting storage facilities or mandating how local authorities should regulate them.

VR: ts