5. Zoning records

The Supreme Court of Alabama has implicitly held zoning records to be public records.  See Riverchase Homeowners Protective Assoc. v. Hoover, 531 So. 2d 645 (Ala. 1988) (holding that the master development plan of a suburban mall was a public record).

The Public Records Act contains no exemption for zoning records, so they are presumptively available to the public on the same terms as other records of public agencies.

(This section is blank. See the point above.)

Municipal zoning boards are required to keep records of all findings and decisions, and those are considered public records. Ark. Code Ann. §§ 14-56-407, -416.

Public.

(This section is blank. See the point above.)

(This section is blank. See the point above.)

Zoning records are subject to the Act’s disclosure requirements.

Engineering reports submitted to the city department of planning and permitting (“DPP”) by a developer in connection with a subdivision application for a proposed residential development, and written comments on such reports made by the DPP, were not “government records” subject to disclosure under the UIPA prior to their acceptance by DPP. Nuuanu Valley Ass’n v. City & County of Honolulu, 119 Hawai‘i 90, 97-98, 194 P.3d 531, 538-39 (2008).

Open.

The Access to Public Records Act does not specifically address zoning records, but there is no exception that would deny access to them. The City of Indianapolis’s Zoning Office provides online research tools regarding zoning information and proceedings: http://www.indy.gov/eGov/City/DMD/Current/zoning/Pages/zoning.aspx.

Public information available from the local zoning office.

Open.

No specific provision, but zoning records should be treated as a public record and should be produced to a requester absent an applicable exemption, if they otherwise fall within the definition of “public record.”

Zoning records are public.

There is no statutory or case law addressing this issue.

Not specifically addressed.

Zoning records are not specifically addressed under the Act.

Open.

Zoning regulations and restrictions cannot be implemented without a public hearing and the opportunity for parties in interest and citizens to be heard. Mo.Rev.Stat. § 89.050.

Open.

Are public records.

There is no statutory or case law addressing the issue

Zoning boards are public bodies under and subject to the Statute.

These records are “government records” as defined by OPRA.

There are no exceptions for zoning records under NMSA 1978 § 14-2-1.  In addition, the commissioner of public lands must provide copies of any records kept by the state land office when requested. NMSA 1978 § 19-1-21.

Public.

Generally open. See N.D. Op. Att’y Gen. 2004-O-05 (2004).

Zoning records are public records. See Barna v. Paris, 2000 WL 1459867 (Ohio Ct. App. 2000) (noting that zoning records are public records that were equally available to all parties in the case).

Zoning records are maintained with the County Clerk and are open for public inspection.

There is no statutory or case law specifically addressing this issue.

Zoning records are presumptively accessible.

Records of local planning commissions and zoning boards are specifically public record.  S.C. Code Ann. §§ 6-29-360(B) and 6-29-790.  These entities are public bodies and their activities and records would be subject to the Act.  S.C. Code Ann. § 30-4-20(a).

Open

Generally open.

Not specifically addressed.

Not addressed.

Not addressed. However, individual cities and towns appear to provide information regarding zoning permits. For information on zoning in the City of Burlington, visit https://www.burlingtonvt.gov/PZ/Zoning.

The Act provides no specific exclusion for zoning records, except that names and identifying information of complainants of zoning enforcement complaints are excluded. Va. Code Ann. § 2.2-3705.3.8.

No specific authority.

(This section is blank. See the point above.)

Open.