Archive for November, 2009

FCC Approves Telecomm Tower Siting “Shot Clock”

This week, the FCC approved, on a 5-0 vote, an order setting presumptive deadlines for localities to resolve applications for siting of telecommunications facilities. Here is the FCC’s ruling. Under the ruling, localities will have 90 days to consider applications for co-located facilities and 150 days for new tower locations. This ruling interprets the Communications […]


I got “Twitterviewed”

Back in October, I had an interesting experience by being interviewed as part of the “22 Tweets” project. Its creator, Lance Godard, describes the project in this way: “Real-time Twitter interviews with practicing lawyers who tweet.” The interview went out live, tweet by tweet, in a series of 22 tweets, over Twitter, the 140-character internet […]


Attorney General: Emergency state regulations preempt local AOSS ordinances

On November 9, 2009, Virginia Attorney General Bill Mims issued an official opinion stating that the State Board of Health’s adoption of emergency regulations would trigger preemption of local government regulations of alternative onsite sewage systems (AOSS) found in some local government ordinances. The official opinion of the Attorney General can be found here. The […]


Transfer of Development Rights Help On the Way

For many years, localities were without authority to adopt a TDR ordinance. The Attorney General made clear that while a TDR program might be constitutional, a statute would have to be adopted to authorize a locality to adopt a TDR ordinance. Opinion to the Honorable Robert T. Andrews, 1985-86 Va. A.G. op. 112. In 2006, […]


Federal Personal Property Tax Relief for Military Families

The LGA is full of wonderful local government attorneys who provide help to one another. I received the following from Ray Warren, Legal Counsel to the Arlington County Commissioner of the Revenue, who agreed to have it reprinted on this blog because of its obvious impact on local government taxation. Thanks, Ray! ********************** Thanks to […]