ABSTRACT

Delegation of power in the context of planning, zoning, and other land use controls has two meanings: the delegation of power to zone from the state to local government and the delegation of power from a legislative body to an administrative body at the local level. Active judicial review by the state courts to address planning and environmental law issues in the 1970s has led to increased interest in the delegation of power issue. The delegation problem, therefore, concerns how specific the standards established for the administrative agency need to be in order to guide concrete decisions. The delegation doctrine at the state level has been alive and well, for the most part, over the past 30 or 40 years. In order for a local government to zone and impose other land use controls, there must be a delegation of the state's police power to the local government.