42 USC § 2000cc - Protection of land use as religious exercise

---
identifier: "/us/usc/t42/s2000cc"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 2000cc - Protection of land use as religious exercise"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "2000cc"
section_name: "Protection of land use as religious exercise"
chapter_number: 21
chapter_name: "PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 106–274, § 2, Sept. 22, 2000, 114 Stat. 803.)"
---


# § 2000cc. Protection of land use as religious exercise

**(a)** **Substantial burdens**

**(1)** **General rule** 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)** **Scope of application** 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)** **Discrimination and exclusion**

**(1)** **Equal terms** 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)** **Nondiscrimination** 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)** **Exclusions and limits** 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.

---

**Source Credit**: (Pub. L. 106–274, § 2, Sept. 22, 2000, 114 Stat. 803.)

## Statutory Notes and Related Subsidiaries

### Short Title

> “This Act [enacting this chapter and amending sections 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the ‘Religious Land Use and Institutionalized Persons Act of 2000’ ”.

, , , provided that: