Overview
In the spirit of the First Amendment of the United States Constitution, the Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious institutions and assemblies from certain state and local government land use actions that may place a substantial burden on religious exercise or treat religious uses unfairly compared to nonreligious uses.
Enacted by Congress in 2000, RLUIPA is a federal law found in 42 U.S.C. § 2000cc that establishes specific protections for religious land uses within the context of zoning, subdivision, and other local government development regulations. The intent of the law is not to exempt religious organizations from reasonable land use regulations, but rather to ensure that religious assemblies and institutions are not subjected to discriminatory treatment or unreasonable regulatory barriers.
Local legislative bodies, planning commissions, zoning administrators, and other land use decision-makers should understand RLUIPA requirements when adopting land use regulations, reviewing development applications, and making decisions regarding religious facilities. A violation of RLUIPA can occur unintentionally, such as through the application of regulations that appear neutral but have a disproportionate impact on religious uses or through treating religious assemblies differently than comparable secular uses.
Common issues involving RLUIPA may include, but are not limited to:
- Regulations that substantially burden a religious exercise without sufficient justification.
- Treating religious assemblies or institutions less favorably than similar nonreligious assemblies or uses.
- Applying zoning regulations in a manner that discriminates against religious uses.
- Creating unreasonable limitations on where religious facilities may locate within a community.
While RLUIPA provides important protections, it does not mean religious organizations are exempt from all local regulations. Communities may continue to apply reasonable, nondiscriminatory land use regulations related to matters such as public health, safety, infrastructure, and compatibility with surrounding uses, provided those regulations are applied consistently and in compliance with applicable law.
It is also important to recognize that interpretation and application of RLUIPA continues to evolve through federal court decisions, and the specific requirements may vary depending on jurisdiction and circumstances.
In addition to federal protections, the State of Utah has enacted its own religious land use protections through §63L-5-201 of Utah State Code (as amended), commonly referred to as the Utah Religious Land Use Act. Local governments in Utah should be familiar with both federal and state requirements when reviewing religious land use applications to ensure decisions are fair, consistent, and legally defensible.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
