Title 42The Public Health and WelfareRelease 119-73

§2000cc Protection of land use as religious exercise

Title 42 › Chapter CHAPTER 21C— - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS › § 2000cc

Last updated Apr 6, 2026|Official source

Summary

Governments must not use land-use rules in a way that puts a big burden on someone's religious practice, including churches and other religious groups. If a government does impose such a burden, it must prove the burden serves a very important government goal and that there is no less restrictive way to reach that goal. That rule applies when the program gets federal money, when the burden affects trade with other countries, states, or tribes, or when officials make individualized decisions about how property can be used. Governments must treat religious groups the same as nonreligious ones. They cannot single out or punish groups for their religion or denomination. They also cannot totally ban religious assemblies from an area or unreasonably limit their buildings or activities.

Full Legal Text

Title 42, §2000cc

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution—
(A)is in furtherance of a compelling governmental interest; and
(B)is the least restrictive means of furthering that compelling governmental interest.
(2)This subsection applies in any case in which—
(A)the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability;
(B)the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or
(C)the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.
(b)(1)No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.
(2)No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.
(3)No government shall impose or implement a land use regulation that—
(A)totally excludes religious assemblies from a jurisdiction; or
(B)unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 106–274, § 1, Sept. 22, 2000, 114 Stat. 803, provided that: “This Act [enacting this chapter and amending section 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the ‘Religious Land Use and Institutionalized Persons Act of 2000’ ”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000cc

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73