American Institute of Certified Planners (AICP) Practice Exam

Which growth management technique is likely to be overturned in court if employed for an extended period of time?

1. Building permit caps

2. Subdivision phasing

3. Large lot zoning

4. Building permit moratorium

The correct answer is: Building permit moratorium

Building permit moratoriums are likely to be overturned in court if employed for an extended period of time because they effectively freeze development activity, potentially infringing on property rights without adequate justification. Courts often scrutinize moratoriums to ensure they are not arbitrary or excessively lengthy. A prolonged moratorium could be seen as a taking, particularly if it lasts for an extended duration without a planned review or clear timeframe for reconsideration. The legal concerns arise from the potential that moratoria could hinder a property owner's ability to utilize their land, which courts may interpret as a violation of constitutional rights, particularly the Fifth Amendment's “Takings Clause.” If there is no compelling public interest being served or if the moratorium does not have a clear, defined purpose, it may be ruled unconstitutional. In contrast, the other techniques—building permit caps, subdivision phasing, and large lot zoning—usually have more established justifications tied to planning objectives and can be implemented in a manner that respects property rights while advancing community goals, making them less susceptible to legal challenges over extended durations.