ABSTRACT
The Model Regulations often contain provisions that are not expressly authorized by most state subdivision control enabling legislation. Indeed, it is possible that some state courts would hold that certain provisions of the Model are not even impliedly authorized by state law. Still, one purpose of the Model is to suggest innovative methods for improving local subdivision control authority, and not all of these methods may be upheld under the various state laws. The statement of the policy and purposes behind subdivision regulations is extremely important. If a court can appreciate the justification for local subdivision controls, it will be more willing to infer the necessary authority from the relevant statutes. Because statutes that authorize municipal planning commissions to impose subdivision controls frequently do not articulate the purpose of control. It is extremely important to articulate these purposes in the subdivision regulations and apprise the court that the purposes are in accord with the statutory objective of regulation.
