American Institute of Certified Planners (AICP) Practice Exam

What significant right was established in Welch v. Swasey (1909)?

1. The right to build taller buildings without regulation

2. The right of municipalities to regulate building height

3. The right to construct without permits in urban areas

4. The right to have no building codes in a city

The correct answer is: The right of municipalities to regulate building height

The significant right established in Welch v. Swasey (1909) is the right of municipalities to regulate building height. This case affirmed the regulatory power of local governments, confirming that they can impose restrictions on building heights to ensure that structures align with the overall urban planning, public safety, and aesthetic considerations of an area. The decision underscored the principle that municipalities have the authority to implement zoning regulations that address issues such as sunlight, air flow, and neighborhood character, which are crucial in maintaining the quality of life in urban settings. The ruling laid a foundation for subsequent cases and a broader acceptance of zoning as a legitimate exercise of governmental power, reinforcing the idea that building regulations serve the public interest. This aspect of municipal authority is fundamental to urban planning, allowing cities to manage growth and development in ways that benefit their communities.