Guest Viewpoint

Home Rule’s Greatest Power: A Planning

And Zoning Primer for Every Community

Editor’s Note: This article first appeared in the Rockland County Business Journal.

By PAUL ADLER, ESQ.

New York is a home rule state. Strip away the legal jargon, and it means something simple and profound: no other layer of government touches your daily life the way your town or village board does. Albany writes big laws; Washington writes bigger ones. But your local planning board, your zoning board of appeals, and your town board decide what gets built on the vacant lot down the street, whether a tired strip mall becomes a walkable village center, and whether your commute gets worse or your Main Street gets a second life. Home rule hands municipalities the greatest of all police powers—the power to plan and to zone. Few residents realize how much of their future rests in that authority until the bulldozers show up.

Former Speaker of the House Tip O’Neill’s old line that all politics is local was never truer than in planning and zoning. Nothing frames how a community actually feels—its character, its density, its traffic, its tax base—more than decisions made at a planning board meeting most residents never attend.

So, let’s break it down as a primer: Who, What, Where, When, and How.

WHO: Who decides? Formally, the town board, the planning board, and the zoning board of appeals—appointed and elected neighbors, not distant bureaucrats. But who actually participates? That is the real question. Public hearings and comment periods are open to everyone, yet they are shaped by whoever shows up. Skip the hearing, and someone else’s vision becomes your zoning code. In local land use, silence is itself a vote.

WHAT: What do we want our town or village to look like, live like, work like? That should be the first line of every comprehensive plan, not an afterthought. Do we want walkable centers or car-dependent sprawl? Housing our teachers, nurses, and municipal workers can actually afford, or zoning restrictive enough to function as exclusion dressed up as “neighborhood character”? Every ordinance is a statement of values—whether we write it deliberately or drift into it through decades of one-off variances.

WHERE: Where are we now, and where do we want to be? A comprehensive plan is supposed to answer that. Too many municipalities, though, are still governed by plans decades out of date, amended piecemeal by whatever a developer happens to propose rather than by a coherent, community-driven vision. A zoning map without a current comprehensive plan behind it is a rulebook without a reason.

WHEN: Timing decides more than most people think. Zoning amendments, comprehensive plan updates, and site-specific rezonings all move on a clock, and that clock runs whether or not the public is paying attention. By the time most residents notice a project, environmental review may already be well underway, and the practical window to shape the outcome has narrowed to objections at the margins. Is it too late to change course? Sometimes—but the “too late” moment usually traces back to a hearing nobody attended years earlier, not to any single vote at the end.

HOW: This is where the real fight lives. Do we plan proactively—through form-based codes, design guidelines, and genuine charrettes that engage residents before a shovel is anywhere near the ground—or do we simply react to whatever a developer wants and needs, one variance at a time? I have long argued for form-based zoning over rigid, use-segregated Euclidean codes, precisely because it lets a community dictate scale, character and street relationship up front instead of litigating it project by project. But, “how” also demands an honest reckoning with incentives—PILOTs, density bonuses, infrastructure funding—and with capacity. Zoning divorced from a real accounting of water, sewer, road, and school capacity, and from genuine environmental review, isn’t a plan. It’s a wish list.

THE CALL TO ACTION: Every one of these questions gets answered by default, whether or not you show up to answer it yourself. If you want your Main Street to stay a Main Street, if you want growth without gridlock, if you want housing without hollowing out what makes your community yours, understand this: the planning board meeting, not the ballot box, is where that gets decided this month. Home rule gave your community the power. Whether it reflects your vision or someone else’s is entirely a function of participation. Attend the hearing. Read the comprehensive plan. Ask when the next charrette is scheduled. The zoning map of tomorrow is being drawn right now, with or without you. Don’t let it be without you — because by the time you notice, it may already be too late to change.

About the author: Paul Adler, Esq., SIOR is the Chief Strategy Officer for Rand Commercial.

Published: September 23, 2026.

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