Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning
Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning
Jennifer S. Evans-Cowley and Kenneth Pearlman, 21 Tul. Envtl. L.J. 203 (2008)
In 2000, Congress passed the Religious Land Use and Institutionalized Persons Act. This law limits the ability of local governments to regulate churches. Since RLUIPA, which restricts legislative regulatory ability, was enacted, there has been an increase in the number of megachurches throughout the country that are providing significant accessory uses as part of their sites. This study explores planners’ knowledge of RLUIPA and the use of tools to regulate megachurches in the United States. We surveyed 260 U.S. cities about the presence and extent of megachurch development and on their approaches to regulation. With a response rate of 46%, a small number of cities with megachurches have amended their zoning regulations for religious facilities since RLUIPA. Those that have adopted regulations have taken a variety of approaches, some aimed specifically at addressing the impacts of megachurches. Respondents reported that the regulations had been only moderately successful, but that in some cases they were effective in controlling the placement of megachurches. As megachurches continue to spread, communities will need to develop more effective mechanisms to control for their negative impacts.