Development of Regional Impact

In the United States, a Development of Regional Impact (abbreviated DRI) is primarily used in the states of Florida and Georgia. Florida defines a DRI as: Developments that, due to their character, magnitude, or location, would have a substantial effect on the safety, health or welfare of citizens in more than one county.^[1]

In 2003, the Connecticut General Assembly commissioned a report to identify other states with agencies that have significant responsibilities in land use planning, mission, location in state government, budget and staffing. The report, STATE LAND USE PLANNING OFFICES had the following conclusions:^[2]

Twelve states have agencies with the responsibility for land use planning: Washington, Rhode Island, Pennsylvania, New Jersey, Minnesota, Maryland, Maine, Georgia, Florida, Delaware, and Colorado. Most of the agencies are large and exist at the cabinet level. They are not dedicated to planning; all have other responsibilities.^[2]

Oregon and Maryland are the exception. Maryland's Department of Planning had a $10 million budget and 129 staff members. They focus primarily on state regulations that push development into specific areas where new growth is preferred. Oregon's Land Conservation and Development Department has a $16 million budget and a staff of 64. The Land Conservation Commission is part of the department's responsibilities and it administers land use policy and statutes.^[2]

Historically, local municipalities have had the responsibility for regulating and planning land uses under state legislation. The states of Georgia, Florida, Oregon, Washington and Rhode Island have state land use plans and policies but require local authorities to include compliance with them. The regional or state planning agencies are also required to verify that the local plans are consistent with state regulations.^[2]

The remaining states utilize localized land-use controls that include comprehensive planning, zoning ordinances, building codes, environmental regulations, and concurrency management systems (CMS).^[3][4][5] CMS is a planning tool used by local governments to ensure that public facilities and services—such as roads, schools, parks, water, and sewer—are sufficient to handle the impacts of new development before permits are approved.^[6]

Florida

Florida's Development of Regional Impact (DRI) program took effect in 1972 as a section of the Florida Environmental Land and Water Management Act (FELWMA). It was designed to address large-scale projects and regulated significant developments for over 40 years before being largely phased out by 2015 and 2018 legislation.^[7]

Statues

The Florida Statutes are laws of Florida. Developments of Regional Impact in Florida are governed by one key section: Chapter 380.

380.04 Definition of Development

Provides a uniform, comprehensive definition of the term "development" for use throughout the Florida Environmental Land and Water Management Act. By clearly defining what does and does not constitute "development," the statute ensures consistent application of state and local land-use policies.

Inclusions: Performing a mining operation or building activity, making any material change in appearance or use of any land or structure, or dividing land into at least three parcels. This includes structure demolition, land clearing or deposit of fill. Development refers to the result of development or the act of developing. Exclusions:

• Work by a railroad company or highway/road agency for the improvement or maintenance of a railroad track or road, if the work occurs within the right-of-way boundaries.
• Work by a utility and persons engaged in the transmission or distribution of water, gas or electricity, for inspecting, repairing, or renewing on established corridors or rights-of-way, or construction on to-be-established or established corridors or rights-of-way, any mains, sewers, pipes, utility tunnels, cables, power lines, poles, towers or tracks.
• Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the exterior structure's color/decoration.
• Land use for growing crops, plants, trees, and other forestry or agricultural products; livestock production; or another agricultural purpose.

380.05 Areas of critical state concern

Protect and public facilities of major statewide significance from the dangers of uncontrolled or inadequate development. It establishes the Areas of Critical State Concern (ACSC) program, which allows the state to intervene in local land-use decisions for specific geographic areas that meet critical criteria. Notable designations include the Florida Keys, the City of Key West, and the Green Swamp in Florida.^[8]

380.06 Developments of regional impact

Manage and review "Developments of Regional Impact" (DRIs). Legislation in 2018 eliminated the traditional state review by the Florida Department of Economic Opportunity; it is now done locally.^[9]

Definition: Developments that, due to their character, magnitude, or location, would have a substantial effect on the safety, health or welfare of citizens in more than one county.

Purpose: To evaluate and mitigate impacts of large projects that extend beyond local government borders.

Projects are typically deemed DRIs if they exceed specific numerical thresholds:

• Residential: 250 units in a small county; 3,000 in a large one.
• Attractions & Recreation: parking for 2,500+ vehicles or seating for 10,000+.
• Retail/Office/Commercial: gross square footage over 400,000.
• Airports: New commercial service airports, new/extended paved runways, or expanded passenger terminal facilities.
• Industrial Plants/Parks: Based on the number of parking spaces or the gross square footage of the facility.^[10]

Major exemptions from DRI:

• Dense Urban Land Areas: Jurisdictions with at least 1,000 people per square mile.
• Specific Counties: New developments in Broward and Miami-Dade counties are largely exempt unless they are near the Everglades Protection Area.
• Designated Growth Areas: This includes urban infill, downtown revitalization, or community redevelopment areas as defined in the local comprehensive plan.^[10]

Regional Protection: It ensures that large-scale projects—such as massive shopping centers, industrial parks, or multi-use developments—undergo a specialized review to mitigate negative impacts that spill over local municipal boundaries.

State and Local Coordination: The statute establishes a framework where the Department of Commerce (formerly DEO) and regional planning agencies coordinate with local governments to identify and address regional resource impacts.

Vested Rights Preservation: It explicitly aims to protect the existing legal rights of property owners and developers, ensuring that new regulations do not unlawfully impair "vested" rights obtained through prior reliance on government authorizations.

Streamlining and Efficiency: Legislative updates, particularly in 2018, intended to eliminate the traditional DRI review process for new developments, shifting most reviews to the local comprehensive plan process to reduce paperwork and duplication.

380.07 Florida Land and Water Adjudicatory Commission

The Florida Land and Water Adjudicatory Commission (FLWAC) was established to provide a formal mechanism for the state to review and appeal local development orders that impact Areas of Critical State Concern (ACSC) or Developments of Regional Impact (DRI). The FLWAC is composed of the Florida Governor and Cabinet members.

Appeals Process: state land planning agency, owners, and developers the right to appeal local development orders within 45 days if they believe the order is inconsistent with the FELWMA.

Regulatory Oversight: The Commission is authorized to issue final decisions that grant or deny development permission and can attach specific conditions or restrictions to ensure the protection of critical resources.

380.08 Florida Land and Water Adjudicatory Commission

"Protection of landowners' rights," balances environmental regulations by preventing state agencies from implementing land-use restrictions that constitute a "taking" of private property without compensation. It serves as a safeguard under the FELWMA of 1972, requiring that any restriction on private land usage must not exceed constitutional limits.^[11]

Protection Against Regulatory Takings: It acts as a shield to prevent government agencies from making regulations so restrictive they functionally steal land value without paying the owner ("just compensation")

Mandatory Written Denials: If a government agency denies a development permit, they are legally required to provide the reasons in writing and indicate what changes would make the project acceptable.

Property Acquisition Process: It facilitates the lawful acquisition of property for public interest, requiring the seller to disclose financial transactions related to the land for the previous 5 years.

Compliance with Constitutional Rights: It reaffirms that no part of the Florida land management laws authorizes a violation of state or federal constitutional protections regarding property ownership.

Process

• The DRI process begins with an Application for Development (ADA): The initial formal document submitted by a developer to describe the project and its regional impacts.
• State planning agencies will make official determinations and issue Binding Letters regarding whether a project must undergo the DRI review process or if it has "vested rights" (exemptions based on previous approvals).
• An optional agreement, the Preliminary Development Agreement (PDA): allows some development to begin before the full DRI review is complete.
• The developer may provide a Credit Verification Letter, to verify impact fee credits or exemptions.
• The local government will issue a Development Order (DO), to approve or deny the project. It may also be called a Development Agreement or Conditional Zoning Permit. It includes the following components:
  • Project Description & Legal Description: Specific details of the project size, type, location, and legal boundary description
  • Conditions of Approval (Mitigation): Mandatory requirements for the developer to pay for or construct improvements to infrastructure (roads, water/sewer, public facilities) necessary to offset impacts on more than one county
  • Phasing and Buildout Dates: A schedule for construction and a final date, prior to which the project is protected from downzoning or density reductions.
  • Reporting Requirements: for submitting reports (usually every two years) to monitor compliance with the order.
  • Substantial Deviation Provisions: Definitions of changes to the plan that would require new review.
  • Incorporation of Approved Plans: The final site plan and application documents are incorporated into the order.
• Developers must submit Biennial Status Reports periodically to local and regional agencies updating the project's progress.^[12]

Examples of residential DRIs include Palm Coast, Lakewood Ranch, Viera and The Villages.^[13]

Ending legislation

Over the years, special legislation was passed that exempted projects that included Oil terminals, Marinas and hotels. The end began in 2011 when Florida Senate Bill 360 exempted over 240 cities in eight counties from the DRI process. Some developers split developments into smaller projects to avoid the DRI thresholds.^[7] Then in 2015, Florida Senate Bill 1216 ended the DRI process, replacing it with faster "state coordinated review" led by the Department of Economic Opportunity, an agency focused on development, not controlling growth. A DRI typically required at least nine months to complete, so developers viewed it as expensive and a waste of time, while environmentalists considered it ineffective because it was full of loopholes.^[7]

Georgia

Developments of Regional Impact (DRIs) in Georgia are large-scale projects, such as major commercial or residential developments, that could impact areas beyond their local jurisdiction. Authorized by the Georgia Planning Act of 1989, and managed by the Department of Community Affairs (DCA), the process forces evaluation of traffic, environmental, and infrastructure impacts through regional commissions to improve intergovernmental communication.^[14]

• Trigger for Review: Projects are triggered by size thresholds that vary by category, including industrial, commercial, and residential developments.
• Purpose: The process aims to identify potential impacts on neighboring communities, ensure adequate infrastructure, and preserve local government autonomy.
• Regional Review Centers: 12 Regional Commissions, such as the Atlanta Regional Commission or Middle Georgia Regional Commission, review the proposal and provide reports regarding the project's potential impact on the surrounding area.
• Transportation Focus: Within 13 metro Atlanta counties, the Georgia Regional Transportation Authority (GRTA) reviews projects for traffic and mobility effects.
• Recent Developments: New rules now mandate stricter review of large-scale projects like data centers to ensure environmental and infrastructure impacts are thoroughly vetted, following concerns over rapid expansion in areas like Twiggs County.^[15][16]

In July 2012, the Georgia DCA's DRI rules were updated to: Make the process more streamlined; Give flexibility to the regions that administrate the program; Minimize a negative or positive finding from the regional commissions; Ensure that a regional perspective is utilized; Provide valuable assistance to local governments when requested; and, Focus on communication between the parties involved in the process.^[17]

The board of the Georgia Department of Community Affairs made changes to DRIs at their board meeting in November 2025. A category named "technological facilities" was added with two facility types: data centers and solar power generation facilities. Data centers use copious amounts of both water and electricity. Projected requirements of each are required.^[18] Within the Atlanta region, data centers exceeding 300,000-square-foot (28,000 m²) require a DRI; outside Atlanta, data centers exceeding 500,000-square-foot (46,000 m²) require a DRI. Solar farms of 300-acre (120 ha) in urban areas and 500-acre (200 ha) in rural areas require a DRI.^[18] In commercial developments, a traffic element was added where if at least 10,000 vehicle trips daily are expected, a DRI is required.^[18]

Pennsylvania

Uses DRI processes in specific contexts, such as the Centre Region, to evaluate expansions of growth boundaries and sewer service areas.^[19] Instead, regional planning and impact reviews are primarily voluntary or implemented through specific local and county-level initiatives under the Pennsylvania Municipalities Planning Code (MPC).^[20]

Massachusetts

The Cape Cod Commission is a regional planning authority and department of Barnstable County. It was created in 1990 by an Act of the Massachusetts General Court and confirmed by a majority of county voters. It reviews and regulates Developments of Regional Impact in the protected Cape Cod area.^[21]

New Hampshire

Utilizes RSA 36:54-58, which requires local planning boards to determine if a project has regional impact. If it does, the relevant Regional Planning Commission is notified and granted "intervener" status to provide expert review.^[22]

South Carolina

Employs similar concepts coordinated through South Carolina Councils of Governments, though specific DRI terminology may vary by local planning district.^[23]

Colorado

Colorado does not use the DRI as a primary statutory label like Florida or Georgia; it utilizes a robust equivalent known as 1041 Regulations. These powers, named after House Bill 1041, allow local governments to identify and regulate activities of "statewide interest" that have significant impacts beyond their immediate boundaries.^[24]

Delaware

Delaware does not utilize a formal DRI process. Instead, Delaware manages regional planning concerns through its Preliminary Land Use Service (PLUS) and state-mandated local comprehensive planning.^[25]

Maine

Maine does not utilize a (DRI) program, which is common in some other states for managing large-scale projects. Instead, Maine uses State Level Oversight: In the unorganized and deorganized areas, the Maine Land Use Planning Commission (LUPC) regulates land use for significant projects. Environmental Permitting: Large projects are reviewed by the Maine Department of Environmental Protection (DEP) for site location, environmental, and infrastructure impact. Regional Cooperation: Local towns and regional planning commissions handle development, focusing on regional growth management.^[26]

Maryland

Maryland does not utilize a DRI program, but it achieves similar goals through a comprehensive, incentive-based Smart Growth framework and regional planning initiatives. Instead of mandating state-level reviews for all large projects, Maryland directs growth toward designated Priority Funding Areas (PFAs) using infrastructure funding incentives, as discussed in, and encourages regional cooperation through bodies like the Maryland Department of Planning and regional commissions.^[27]

Minnesota

Minnesota doesn't use DRIs, but extensively manages regional growth through Regional Development Commissions (RDCs), the Metropolitan Council in the Twin Cities, and mandatory local comprehensive planning.^[28]

New Jersey

New Jersey does not typically DRI framework found in some other states. Instead, NJ manages large-scale development through the State Development and Redevelopment Plan (2025) and regional planning mechanisms, including the Department of Environmental Protection (NJDEP) regulations and regional planning commissions.^[29]

Rhode Island

Instead of using DRIs, Rhode Island utilizes conservation programs like the Regional Conservation Partnership Program from USDA and climate strategies.^[30]

Washington

Washington State does not utilize a formal DRI process. Washington manages large-scale developments and regional impacts through its mandatory Growth Management Act (GMA) of 1990. The GMA requires local governments to plan for regional growth via comprehensive plans, urban growth areas, and environmental review.^[31]

References

1. "380.06 Developments of regional impact". leg.state.fl.us. Florida State Legislature. Retrieved April 28, 2026.
2. "STATE LAND USE PLANNING OFFICES". cga.ct.gov. Connecticut General Assembly. Retrieved April 25, 2026.
3. "Elements of Zoning". cayimby.org. California YIMBY. Retrieved May 3, 2026.
4. "THE DEVELOPMENT OF REGIONAL IMPACT PROCESS" (PDF). flsenate.gov. The Florida Senate. Retrieved May 3, 2026.
5. "Developments of Regional Impact". jpfirm.com. Johnson Pope Bokor Ruppel & Burns. Retrieved May 3, 2026.
6. "Concurrency Management". lakecountyfl.gov. Lake County, Florida government. Retrieved May 3, 2026.
7. "Farewell to Florida's 'Development of Regional Impact' (DRI) Law". floridatrend.com. Florida Trend magazine. Retrieved April 25, 2026.
8. "Areas of critical state concern". leg.state.fl.us. State of Florida. Retrieved April 24, 2026.
9. "Buildout Date Extensions". floridajobs.org. State of Florida. Retrieved April 24, 2026.
10. "Florida Statutes 380.0651". leg.state.fl.us. State of Florida. Retrieved April 24, 2026.
11. "Protection of landowners' rights". flsenate.gov. State of Florida. Retrieved April 24, 2026.
12. "General Information About Developments of Regional Impact and Florida Quality Developments". floridajobs.org. Florida Commerce. Retrieved April 25, 2026.
13. Rey, Eva M. "What is a Development of Regional Impact?". cvcaviera.com. Central Viera Community Association. Retrieved April 24, 2026.
14. "Developments of Regional Impact". dca.georgia.gov. Georgia Department of Community Affairs. Retrieved April 25, 2026.
15. "Developments of Regional Impact (DRI)". atlantaregional.org. Atlanta Regional Commission. Retrieved April 25, 2026.
16. "Developments of Regional Impact". middlegeorgiarc.org. Middle Georgia Regional Commssion. Retrieved April 25, 2026.
17. "Developments of Regional Impact". dca.georgia.gov. Georgia Department of Community Affairs. Retrieved April 25, 2026.
18. Landers, Mary. "Georgia board approves new review process for large data centers". georgiarecorder.com. Georgia Recorder. Retrieved April 25, 2026.
19. "Developments of Regional Impact (DRI)". crcog.net. Centre Region Council of Government. Retrieved April 29, 2026.
20. "Regional Planning Handbook". montgomerycountypa.gov. Montgomery County, Pennsylvania. Retrieved April 29, 2026.
21. "Cape Cod Commission". capecodcommission.org. Cape Cod Commission. Retrieved May 9, 2026.
22. "Developments of Regional Impact". nheconomy.com. NH Department of Business and Economic Affairs. Retrieved April 25, 2026.
23. "South Carolina Councils for Government". sccogs.org. South Carolina Councils of Governments. Retrieved April 25, 2026.
24. "1041 Regulations in Colorado". colorado.gov. State of Colorado. Retrieved April 27, 2026.
25. "About the Preliminary Land Use Service". plus.stateplanning.delaware.gov. State of Delaware. Retrieved April 27, 2026.
26. "Community Development". midcoastcog.com. Midcoast Council of Governments. Retrieved April 27, 2026.
27. "Plan Maryland" (PDF). planning.maryland.gov. Maryland Department of Planning. Retrieved April 27, 2026.
28. "Best Practice". greenstep.pca.state.mn.us. Minnesota GreenStep Cities. Retrieved April 27, 2026.
29. "NJDEP's REAL Rule Proposal: A Seismic Shift for NJ Municipalities". njlm.org. New Jersey League of Municipalities. Retrieved April 27, 2026.
30. "Regional Conservation Partnership Program - Rhode Island". nrcs.usda.gov. United States Department of Agriculture. Retrieved April 27, 2026.
31. Terplan, Egon. "Learning from Washington's Growth Management Act". spur.org. SPUR Urban Center. Retrieved April 27, 2026.

External links

• US Economic Development Administration