Live Seminar

Practical Guide to Zoning and Land Use Law



Monday, April 30, 2018


9:00 AM - 4:30 PM

Product ID#:



The Riverside Hotel

2900 Chinden Boulevard

Boise, ID 83714


$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • ID CLE - 6.00


  • AICP - 6.00
  • IACET - 0.60

Program Description

Navigate the Zoning Process With an In-Depth Understanding of Zoning Regulations

Are you current on your knowledge of zoning laws? Can you confidently solve potential problems and ensure smooth zoning processes? Join us at this seminar where you'll learn to facilitate positive outcomes by understanding key components of the approval process, procedures for challenging a zoning decision, as well as requirements for administrative approach. Recognize constitutional limitations on zoning actions to ensure your actions are within the bounds of the law. Enroll today!

  • Know the necessary steps - on a local, regional and state level - for obtaining a permit.
  • Review the limits on governmental power so you know how takings and exactions must be handled.
  • Fulfill your role in the process when a zoning case is litigated or when a decision is appealed.
  • Stay in the loop in your community with a knowledge of local zoning issues, including economic development and smart growth.
  • Represent your clients with confidence with an in-depth understanding of key zoning concepts.
  • Understand the constitutional limitations on zoning so you can handle questions of eminent domain with ease.
  • Know the steps you need to take to fight for your client during an appeal of an administrative zoning decision.
  • Take your zoning knowledge to the next level with an in-depth understanding of the process for adopting and amending the zoning ordinances and map.

Who Should Attend

This basic-to-intermediate level course will assist the following in understanding and working with zoning and land use regulations:

  • Attorneys
  • City and urban planners
  • Developers
  • Engineers
  • Architects
  • Local zoning and land use officials
  • Appraisers
  • Surveyors

Course Content

  1. Current Case Law and Legislative Update
  2. Roadmap for Navigating the Approval Process
  3. Constitutional Limitations on Zoning Actions
  4. Challenging or Appealing an Administrative Zoning Decision
  5. Adoption and Amendment of Zoning Ordinance and Map
  6. Dealing with Special Zoning Issues
  7. Ethics in Zoning and Land Use Law

Continuing Education Credit

American Institute of Certified Planners – AICP: 6.00 *

Continuing Legal Education – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

* denotes specialty credits

Agenda / Content Covered

    9:00 - 9:45, Paul J. Fitzer
    9:45 - 10:45, Charles I. Wadams
    • Authority for Land Use Decisions
    • Local, Regional and State Approvals
      • Comprehensive Plan
      • Regional Impact
      • Subdivisions
      • Rezonings: Zoning Changes or Amendments
      • Variances, Special Uses and Conditional Uses
    • The Permitting Process
      • State Building Code
      • Nonconforming Uses
      • Permits and Certificates
      • Environmental Review
    • Vested Rights
    • Estoppel
    • Moratoria
    11:00 - 12:00, William L. Herrington
    • Zoning as a Form of Governmental Power
    • Takings and Exactions
    • Due Process
    • Equal Protection
    • Property Rights and Police Power
    1:00 - 1:45, Paul J. Fitzer
    • Procedural Requirements
    • Standing Issues
    • Trial of an Administrative Appeal
      • Strategies
      • Local Government Perspective
    • Judicial Review of Local Decision
    • Litigating a Zoning Case
      • Declaratory Action
      • Trial Strategies
      • Use of Experts
      • Local Government Perspective
      • Mandamus, Prohibition and Injunction
    • Federal Pre-emption
    1:45 - 2:30, Charles I. Wadams
    • Source of Zoning Authority
    • Zoning Procedures Law
    • Notice Issues
    • Hearing Issues
    • Standards
    • Local Issues and Impact Fees
    2:45 - 3:30, William L. Herrington
    • Exclusionary Zoning
    • Contract Zoning and Conditional Zoning
    • Local Economic Development
    • Smart Growth
    • The Religious Land Use and Institutionalized Persons Act
    • Historic Preservation and Overlay District Zoning
    3:30 - 4:30, William L. Herrington
    • Administrative Land Use Matters
    • Legislative Land Use Matters
    • Complying With the Code of Professional Responsibility
    • Identifying and Avoiding Conflicts of Interest
    • From the Standpoint of the Government Lawyer
    • Ex Parte Contacts With Decision Makers

PAUL J. FITZER is an attorney with Moore Smith Buxton & Turcke, Chartered, practicing in the areas of municipal law, civil litigation and land use law. Mr. Fitzer serves as general counsel for more than a dozen governmental entities including municipalities, counties and districts. Additionally, he represents private individuals, partnerships and corporate entities in various land use planning endeavors. Mr. Fitzer is a member of the Idaho State Bar (Local Government Section) and is active in the Association of Idaho Cities. He graduated from Southern Methodist University School of Law.

WILLIAM L. HERRINGTON is a sole practitioner in Northern Idaho and has practiced law in the state since 1975. Mr. Herrington's practice is general with an emphasis on local government, land use, real estate, development and property law. Representative clients have included large and small cities, counties and public districts, including health districts, school districts, water and sewer districts, community homeowners' associations, landowners and developers from all parts of Idaho. Mr. Herrington has lectured at hundreds of workshops on issues of planning, zoning, subdivisions, standards for development, administrative and meeting procedures; municipal fee structures; and other land use, real property and local government issues. He has taught classes on law and government at the University of Idaho and Idaho State University. Mr. Herrington is a member of the Idaho State Bar, Idaho Municipal Attorneys and other attorney associations. He received the Idaho State Bar's Professionalism Award for the First Judicial District in 2008. Mr. Herrington served on committees for the Association of Idaho Cities, including its Legislative Committee. He earned his B.A. degree from Washington State University and attended law school at both the University of Oregon and the University of Washington.

CHARLES I. WADAMS is the city attorney for Garden City, and is the city’s legal advisor in all areas of municipal law. Mr. Wadams has represented his client in front of multiple magistrate and district judges, and in front of Legislative Committee at the Idaho State Capital. He has also prosecuted for other counties and cities. Prior to practicing municipal law, he was a criminal defense attorney, and has argued multiple appeals in front of the Idaho Supreme Court and Idaho Court of Appeals. Mr. Wadams is a member of the Idaho Prosecuting Attorney’s Association and the Idaho Municipal Attorneys, Inc, of which he is a board member. He is also a member of the International Association of Chiefs of Police (Legal Officers Section) and the Idaho State Bar (sections of Real Property; Employment and Labor Law; and Government and Public Sector Lawyers, of which he is also a board member). He has presented multiple training opportunities over the years. Mr. Wadams earned his J.D. degree at the University of Idaho College of Law and has attended the National Criminal Defense College Trial Practice Institute in Georgia, the law enforcement seminar titled, "Managing Police Discipline" in Nevada, and the International Association of Chiefs of Police Annual Conference in California.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

American Institute of Certified Planners

N AICP: 6.00 Includes - Law Credits: 1.50
This activity has been approved by American Institute of Certified Planners for 6.0 CM credits, including 1.5 law credits. 100% attendance is required to receive CM credit.

Continuing Legal Education

ID CLE: 6.00 Pending Credit Approval Includes - Ethics: 1.00
This program has been submitted for continuing legal education credit in the state of Idaho.

International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Explain how two court decisions have affected land use regulation. 2. List the steps involved in the land use approval process. 3. Describe the limitations of government in regard to zoning. 4. Recall at least three tips for successfully litigating zoning disputes. 5. List the necessary steps in amending a zoning ordinance. 6. Describe how to resolve RLUIPA zoning issues. 7. Distinguish between ethical and unethical zoning practices.

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How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702