Congress enacted the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000 to help religious institutions secure zoning and land use approvals for schools, houses of worship and related facilities. RLUIPA recognizes that the right to assemble for worship is at the “very core of the free exercise of religion” and that religious entities “cannot function without a physical space adequate to their needs and consistent with theological requirements.”

For a variety of reasons, religious facilities often face vigorous opposition when seeking building permits, variances, and site plan approvals during the land use and zoning process. Congress recognized the widespread nature of this problem and enacted RLUIPA. RLUIPA supplements the protections for religious freedom enshrined in the United States Constitution as set forth in the Free Exercise clause of the First Amendment and the Equal Protection clause of the Fourteenth Amendment. Together, the Constitution and RLUIPA provide a powerful resource for religious institutions that need building permits and other local approvals to construct, expand, or maintain religious facilities. Houses of worship, private educational institutions, and even funeral homes have all been deemed to constitute forms of religious exercise for the purposes of RLUIPA. In addition, the successful plaintiff in a RLUIPA case is entitled to collect attorneys’ fees from its adversary.

RLUIPA has four main provisions: (i) the Substantial Burden provision; (ii) the Nondiscrimination provision; (iii) the Equal Term” provision; and (iv) the Exclusion and Limits provision. The Substantial Burden provision says that a local zoning regulation cannot substantially burden religious exercise unless the burden is the least restrictive means of furthering a compelling governmental interest. The Nondiscrimination provision forbids discrimination “on the basis of religion or religious denomination.” The Equal Terms clause bans “treat[ing] a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.” The final Exclusion and Limits provision prohibits municipalities from “totally exclud[ing] religious assemblies from a jurisdiction.”

Firm Experience
The law firm of Snyder & Snyder, LLP, has significant experience securing zoning and land use approvals for religious institutions. Our firm takes a hands-on approach to these matters and prefers to work with clients and their consultants early in the planning process, so a proposed religious facility is designed in accordance with the local zoning law to the maximum practical extent. Early planning in the zoning process may eliminate the need for additional approvals, such as zoning variances. If the need for discretionary approvals such as variances can be avoided, the number of public hearings will be reduced.

To succeed in the zoning process it is essential that the applicant develop a bulletproof record in support of the project. All documents submitted for a project should be carefully structured and reviewed by counsel. All expert witnesses should be thoroughly prepared. Official meetings with local officials should be carefully documented; and when a project faces entrenched opposition, the applicant should be sure its stenographer is present at all public hearings.

Snyder & Snyder, LLP, recently represented a religious institution in its successful effort to expand a house of worship in an affluent New York suburb. Community opposition to the project was intense. However, with our meticulous preparation, relentless follow-up, willingness to compromise, and subtle references to the protections provided by RLUIPA, our client was able to secure the necessary zoning and land use approvals.

For additional information on the zoning counsel Snyder & Snyder, LLP provides for religious institutions and facilities, please contact our managing partner, David L. Snyder, at 914-333-0700 or at dsnyder@snyderlaw.net. Thank you for your interest.

Tags: building permit, church, land use, permits and approvals, religious, RLUIPA, RLUIPA litigation, site plan, synagogue, temple, variances, worship, zoning

This entry was posted on Monday, January 12th, 2009 at 5:54 pm and is filed under 2009. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.