Here in the U.S. the free exercise of religion or religious beliefs is a fundamental right guaranteed by the First Amendment. To further the pursuit of that fundamental right, the U.S. Congress officially recognized that religious entities sometimes face substantial burdens preventing them from exercising their fundamental right (i.e., zoning and land use regulations at the state and local level). To provide stronger protections, Congress passed a federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), in 2000.
Bless The Almighty RLUIPA:
There are a few caveats to be aware of when receiving RLUIPA’s divine blessings such as:
- A religious land use can’t wildly overstep those “compelling government interests”. In other words, under RLUIPA, governments cannot impose or implement land use regulations in a way that substantially burdens the religious exercise of a person or institution, unless it is the least restrictive means of furthering a compelling government interest.Â
- The act also prohibits discriminating against religious groups through unequal terms, total exclusion from a jurisdiction, or discrimination between denominations.Â
Determining what constitutes a “substantial burden” requires careful analysis. Courts look at factors like whether the religious entity has other feasible options, evidence of arbitrary discrimination, the finality of the decision, and whether the entity had a reasonable expectation of approval based on past precedent. Essentially, the law errs on the side of maximizing religious land use.
While the intricacies can be complex, RLUIPA underscores the importance of religious freedom in land use decisions.
Remember, Local Government Shall Not Sin:
Local governments must apply zoning rules neutrally and make reasonable accommodations for religious exercise – regardless of the religion. RLUIPA prohibits playing favorites between different religious denominations. So whether the intent is to establish a new Holy Church of Flaming Whales or a variance for the Cult of the Radiant Sun Chips, they all get an equal crack at that application.
For communities navigating these situations, best practices include approving with conditions instead of outright denial, establishing clear due process procedures, running decisions by attorneys, and ultimately striving to protect religious expression as intended by RLUIPA.
Need Advice Or Want To Learn More?
Check out our online training modules here! Note: civiclinQ is able to provide free access to more than 45 different land use training module topics courtesy of funding provided by the Utah Office of the Property Rights Ombudsman from the 1% surcharge on all building permits in the State of Utah.
