American Institute of Certified Planners (AICP) Practice Exam

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

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 typically temporary measures enacted by a municipality to halt new construction or development for a specific period. The primary purpose is often to allow time for land use planning, infrastructure assessments, or environmental reviews. However, if such a moratorium is prolonged without sufficient justification or a clear plan for its eventual lifting, it can attract legal challenges. Courts tend to favor property rights and may view excessive or indefinite moratoriums as a taking under the Fifth Amendment, especially if they unfairly impair the rights of landowners without compelling justifications such as health, safety, or general welfare concerns. Hence, this technique carries a higher risk of being overturned if its application stretches beyond what is reasonable or justifiable. In contrast, the other options, while potentially subject to scrutiny, have more established legal foundations. For instance, building permit caps and subdivision phasing can be seen as reasonable measures for controlling growth and managing land use, while large lot zoning typically aligns with regulatory frameworks aimed at preserving certain regional characteristics. These techniques are often viewed as acceptable planning tools as long as they adhere to established guidelines and legal precedents.