Land Use

In the early days of his land use practice, Dan zoned multiple mega-landfills, municipal recycling facilities and large-scale electrical co-generation facilities. These were cutting-edge projects with layers of advanced environmental protection, local benefits and resource efficiency, and they were highly controversial. Many of the permits he obtained were litigated to the highest state courts. In the late 1980’s, Dan focused on large-scale pedestrian-oriented, mixed-use projects with substantial open space preservation and community benefits. These usually pushed the envelope on sustainable design. Dan jokes that these projects were so illegal that unless a community decided that they made the community better, they could never be zoned. One of his large-scale projects was approved on the town’s consent agenda. Another had the head of a local tribe, the senior state official for archaeological resources, and the head of the neighboring homeowners association speak in favor of the rezoning even though the property was on the national historic register.

Dan helped developers of in-fill and large-scale greenfield projects pursue approval campaigns and zoning stratagies, for projects where he appeared before the local boards and those where others did.

He also assisted in developing innovative approaches to wetland, endangered species, and archaeological resources.

Dan led a team that rezoned property for a major theme park in New Orleans. He assisted in developing the zoning approach, or obtaining the actual zoning of, urban and sustainable communities in nine states, including zoning a transit-oriented development of 3.2 million square feet of commercial space and 8,000 dwelling units.