When most of us read the tenth amendment to the United States Constitution, zoning laws are not the first thing to come to mind. Nor when we're searching for a public path to a beach through a real estate development are we likely to reflect upon our right to such a path as being linked to the Bill of Rights. Yet the power of cities and counties to regulate land use and real estate development through zoning ordinances flows from the tenth amendment to the U.S. Constitution.

The tenth amendment confers police power upon the states. Police power is the right and obligation of a government to protect the health, safety and general welfare of citizens.

Most states have enacted legislation that gives city and county governments the authority to regulate land use and real estate development for purposes of health, safety and general welfare.

The courts consistently have upheld the right of local governments to regulate land use and development so long as, in adopting and administering regulations, they establish a legitimate public interest and follow due process.

Courts have interpreted health, safety and general welfare to cover a wide range of concerns. Governments may legally curtail or prohibit development to preserve flood plains, wetlands, sand dunes and habitats of endangered species. They may restrict the density or height of development to protect erodible hillsides, mountain views, access to beaches, solar access and other public interests. They can ban nuisances to nearby residents.

The mainstays of local governments’ regulatory programs are comprehensive general plans, zoning ordinances, subdivision regulations and capital-improvement programs. Communities may adopt additional measures to manage growth and development.

Planning is the process of deciding how a community uses its land and other resources. Local and state laws define the process for making planning decisions.

In California, the state delegates most local land use and development decisions to cities and counties. State law requires that each incorporated city and county adopt "a comprehensive, long-term general plan for [its] physical development."

A city or county's comprehensive general plan describes the community's goals and policies for land use and development. It lays out implementation programs for how the goals and policies are to be put into action.

	Designates the general location and density of housing, business, industry, open space, public buildings and grounds, waste disposal facilities and other land uses.
	Identifies the general location and extent of existing and proposed major roads, transit routes, terminals and public utilities and facilities.
	Assesses current and projected housing needs for all economic segments of the community and region. Sets forth local housing policies and programs to implement those policies.
	Addresses the conservation, development and use of natural resources including water, forests, soils, rivers and mineral deposits.
	Details plans and measures for preserving open-space for natural resources, outdoor recreation, public health and safety and for agriculture.
	Identifies and appraises noise problems.
	Establishes policies to protect the community from natural and manmade hazards, e.g., seismic, geologic, flood, wildfire and toxic- materials hazards.

In the comprehensive general plan, maps and diagrams illustrate land uses, roads, environmental hazard locations, open spaces and other aspects of the general plan.

A comprehensive general plan also may address issues of local interest such as air quality, recreation, community design or public facilities.

A comprehensive general plan is the foundation for land use decisions made by the planning commission, city council or board of supervisors.

Working from their comprehensive general plans, cities and counties create community plans and specific plans. A community plan focuses planning efforts on a smaller area or neighborhood.

Specific plans describe allowable land uses, identify open spaces and describe the available infrastructure. In some jurisdictions, specific plans also take the place of zoning.

Adopting or amending general plans and specific plans requires public hearings. Through these public hearings, you and the organization you represent can influence your city or county's expressed goals policies and programs for land use and development.

To explain planning in California, the Governor’s Office of Planning and Research (OPR) publishes California Planning Guide: An Introduction to Planning in California.

To guide city and county planning, the Governor’s Office of Planning and Research publishes State of California General Plan Guidelines.

The California Land Use Planning Network (LUPIN) gives you quick access to your city or county's general plan.

Further reading

Guide to California Planning by William J. Fulton and Paul Shigley

Curtin's California Land Use and Planning Law by Cecily T. Talbert

Real Estate Development: Principles and Process by Mike E. Miles, Gayle Berens, Mark Eppli and Mark A. Weiss