Concurrency Regulations and Compliance

What are concurrency regulations?

Concurrency regulations typically require that the necessary infrastructure and services be in place to support new development. This includes roads, utilities, schools, parks, and other public facilities. Concurrency regulations ensure that the new development does not exceed the capacity of the existing infrastructure and that the costs of expanding infrastructure are borne by the developer rather than the taxpayer.

Compliance with concurrency regulations requires careful planning and coordination between developers and local government agencies. Local governments typically require developers to obtain permits or approvals before beginning construction to ensure compliance. Consequently, developers must submit plans demonstrating how their proposed development will comply with the concurrency requirements. This often involves working with engineers and other experts to assess the existing infrastructure’s capacity and identify any necessary improvements or upgrades.

Additionally, in some cases, local governments may require developers to pay impact fees or other charges to offset the cost of expanding infrastructure to accommodate their development. These fees can be substantial and significantly affect a development project’s financial feasibility.

Overall, compliance with concurrency regulations is essential for developers to successfully navigate the complex process of developing land. By working closely with local government agencies and other experts, developers can ensure that their projects are feasible, financially viable, and compliant with all relevant regulations.

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In Florida, which laws and regulations apply to concurrency regulations and related compliance?

In Florida, several laws and regulations govern concurrency regulations and compliance. Some of these include:

• Stat. § 163.3180: This statute provides an overview of concurrency in Florida, including that only sanitary sewer, solid waste, drainage, and potable water are subject to concurrency requirements statewide. Local governments might add additional public facilities.
• Florida Statutes Chapter 163, Part II: These statutes set out the requirements for local governments to adopt and implement a transportation concurrency management system.

In addition to these laws and regulations, various local ordinances and policies may apply to concurrency regulations and compliance in the context of land use and zoning. These can vary from one municipality or county to another.

What are common issues regarding concurrency regulations that lead to litigation?

Litigation related to concurrency regulations and compliance in the context of land use and zoning can arise from various issues, including:

• Failure to Adequately Plan for and Address the Impacts of New Development on Existing Infrastructure: Local governments are responsible for ensuring adequate infrastructure to support new development. If a local government fails to properly plan for and address the impacts of new development on existing infrastructure, it can lead to litigation from affected parties, including neighboring property owners and community groups.
• Disputes Over the Validity or Applicability of Concurrency Regulations: In some cases, developers or other stakeholders may dispute the validity or applicability of concurrency regulations, arguing that they are arbitrary or unreasonable. This can lead to legal challenges to the regulations or disputes over whether a particular project is subject to the regulations.
• Challenges to Impact Fees or Other Charges: Impact fees or other charges may be imposed on developers to offset the costs of expanding infrastructure to accommodate their development. Developers may challenge the imposition of these fees, arguing that they are excessive or unfairly burden their project.
• Disputes Over Compliance: Compliance with concurrency regulations can be complex and challenging, and disputes may arise over whether a project is compliant. This can lead to legal challenges from stakeholders who believe a project does not comply with the regulations.

When a set of facts is appropriate, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What are effective measures to minimize the risk of litigation over concurrency regulations and compliance? 

There are several measures that developers and other stakeholders can take to minimize the risk of litigation over concurrency regulations and compliance:

• Engage Early and Often with Local Government Agencies: By engaging early in the planning process and working closely with local government agencies, developers can identify and address potential compliance issues before they become significant problems. This can help to avoid disputes and reduce the risk of litigation.
• Conduct Thorough Due Diligence: Before beginning a development project, developers should conduct thorough due diligence to understand all applicable regulations and compliance requirements. This can help to identify potential compliance issues and allow developers to address them proactively.
• Seek Legal Advice: Developers should work with experienced land use and zoning attorneys to ensure their projects comply with all applicable regulations. Attorneys can provide valuable guidance on compliance issues, help negotiate with local government agencies, and represent developers in legal proceedings if necessary.
• Be Transparent and Communicative: Developers should be transparent and communicative with local government agencies and other stakeholders throughout the planning and development process. This can help build trust and goodwill and reduce the likelihood of disputes or litigation.

Frequently Asked Questions

How do local governments enforce concurrency regulations?

Local governments typically enforce concurrency regulations through the land use and development review process. Developers must demonstrate compliance with concurrency regulations as part of the approval process for their projects, and local government agencies may conduct inspections and audits to ensure ongoing compliance.

What happens if a development project is out of compliance with concurrency regulations?

Suppose a development project is out of compliance with concurrency regulations. In that case, local government agencies may impose penalties or fines or require the developer to change the project to bring it into compliance. In some cases, legal action may be taken to enforce compliance.

Have more questions about a concurrency regulation-related situation?

Crucially, this overview of concurrency regulations and compliance does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.

Here are some blogs written by JB attorneys that provide more information about concurrency regulations and compliance:

• Challenging Quasi-Judicial Decisions of a Local Government