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Land Use and Environmental Law B
SES 5207

Jointly Offered with: Harvard Kennedy School as SUP 663

Course Information

Description

Although the market and other mechanisms of private ordering determine much about how people use and develop land, perennial externalities and collective-action problems require coordination and regulation to mitigate and resolve conflicts. The legal system—through legislation, administrative agencies, and litigation at the federal, state, and local level—shapes the built and natural environment and brings public values into the management of private property.  Zoning ordinances, for example, set use and density limits as well as processes for development approval, influencing the geography of economic and demographic diversity, while environmental laws seek to limit pollution, regulate ecosystems, and respond to climate change.

This course provides students with working knowledge of important land use and environmental laws as well as the institutions that create, implement, and review them, offering constructive and critical perspectives on these regulatory regimes. The course also considers what distinguishes law from other fields, as well as the roles that planners, designers, policymakers, real estate professionals, community members, and the broader public play in land use and environmental law.  Through class discussions, the course engages with primary sources, such as zoning ordinances and judicial opinions, as well as secondary material, and requires no legal background. The course involves an exercise in proposing reforms to a component of a local land use law and a final exam.

Class Notes

There are two offerings of Land Use and Environmental Law: 5206 taught by Jerold Kayden and 5207 taught by Nestor Davidson. Students cannot take both courses for credit. 

Note regarding the Fall 2025 GSD academic calendar: The first day of classes, Tuesday, September 2nd, is held as a MONDAY schedule at the GSD. This course will meet for the first time on Thursday, September 4th.

School Graduate School of Design
Credits 4
Cross Reg

Available for Harvard Cross Registration

Course Component Lecture
Instruction Mode In Person
Grading Basis GSD Graded
Distributional Electives MArch Prof. Practice Distributional Elective
MDes Publics Domain Distributional Elective
MAUD/MLAUD Models of Development Dist. Elective
UP Concentration UP Environment, Climate, Health Concentration
UP Housing, Community, Econ Devel Concentration
UP Real Estate/Urban Development concentration
UP Methods UP Law and Institutions Methods dist. elect.