Land-use regulation and control

Government regulation and control of land use represents the point at which land management and land-use planning considerations become official policy that is enforced by law. Such government regulation is frequently controversial.

Background

Land-use regulation and control represent the sets of rules established by governing entities in a particular area that permit or prohibit certain activities on a parcel of land. Numerous activities can have significant impacts on land, so a specific set of guidelines must be in place regarding the land uses that are considered to be of greatest importance. Subdivision controls were originally designed to obtain accurate land records as land was described, sold, and legally recorded. Later, these controls were better described as development controls, because subdivision laws resulted in standards for design and construction work. Zoning is the most well-known means of land-use control used by local governing bodies: A geographic area is divided into sectors or zones based on the specific land-use controls established for these areas. The most general land-use classes include agricultural, commercial, industrial, and residential, since these classes occur even in small towns and may occur in larger urban areas. Zoning ordinances contain a map that indicates the zones for the regulated areas and a text or narrative that explains the legal or allowed activities that may occur in each zone.

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Types of Regulation and Control

Various levels of government use specific types of land-use controls to allow, encourage, discourage, or forbid resource exploitation in given areas. One example is regulations concerning the development of floodplains or other potentially high-risk areas. A floodplain can be an excellent site for development as long as a carefully designed land-use plan incorporates a detailed cost-versus-benefit analysis of the advantages and disadvantages of building in this ecologically sensitive zone. Attempts to determine the true cost of developing the must consider the benefits of floodwater storage, aesthetic beauty, linear parkland, and opportunities for viewing animal or plant communities. Decisions on these kinds of complex and controversial development proposals should consider the full range of environmental, social, political, and legal issues that will affect the area. Scenic areas are valuable because of their aesthetic beauty. However, they are also attractive building sites because of that beauty.

Government entities have used land-use controls to foster conservation and efforts in areas that are recognized as environmentally significant. Determination of environmental significance may be based on the limited land area of the resource or on the presence of endangered or threatened species within the boundary area. A growing emphasis on ecosystem-level (large-scale) approaches to and management of terrestrial and aquatic areas has caused local governments to reconsider some of the adverse effects of their localized, community-based development plans. Since ecosystems can encompass a regional area, a wider view must be taken by the regional planning organization to mesh environmental preservation issues with environmental planning goals. Land-use regulation must be based on an understanding of the balance between environmental science and the discipline of urban planning.

Land Management and Land-Use Planning

The regulation of land use is based on, and linked to, the processes of land management and land-use planning. Land management focuses on the proper maintenance of the land’s condition and quality to maintain the property in the most efficient manner. Management should consider the land as a to be preserved and maintained as a valuable commodity. Land management can be regulated and controlled by governing entities through the use of subdivision and zoning laws. In rural areas, regional planning organizations can exert a strong influence on major land-management decisions if a proactive view has already focused on mid- to long-term development issues. Regional organizations generally have less policy enforcement strength than the local governing board. A properly conducted management plan comprises a number of steps that focus on the various parts of the selected environment; these must be accurately inventoried before a land-management plan is implemented.

Land-use planning focuses on the systematic definition and thoughtful design of the methods to be used to effect the present and future uses of land. The plan must be developed through intensive examination of the site conditions and project alternatives that may affect the implementation of the project. The site conditions inventory must include data collected from the soils, vegetation (plant cover), hydrology, and climatic conditions, which will be analyzed and reported as part of a summary of the plan. In addition, data acquired by may be incorporated into the overall plan, because such data is significant on a large scale.

Trends in land-use planning and control include increased public and institutional interest and participation, the development of new land-use planning tools, and a larger role for environmental considerations. “New” land-use planning tools may be better thought of as creative combinations of older methods to achieve the desired outcome. Environmental and natural resource issues have caused citizens and planning organizations to consider further the benefits of including surrounding natural habitats as an enhanced part of the overall plan. Land-use regulation has begun to focus more intensely on the education of the public, because this is often the group that will make the final decision about whether a plan is accepted or declined.

Bibliography

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Elliott, Donald L. A Better Way to Zone: Ten Principles to Create More Liveable Cities. Washington, D.C.: Island Press, 2008.

Epstein, Richard A. Supreme Neglect: How to Revive Constitutional Protection for Private Property. New York: Oxford University Press, 2008.

Hoch, Charles J., Linda C. Dalton, and Frank S. So, eds. The Practice of Local Government Planning. 3d ed. Washington, D.C.: International City/County Management Association in cooperation with the American Planning Association for the ICMA University, 2000.

Juergensmeyer, Julian Conrad, and Thomas E. Roberts. Land Use Planning and Development Regulation Law. 2d ed. St. Paul, Minn.: Thomson/West, 2007.

Levy, John M. Contemporary Urban Planning. 8th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2009.

Nolon, John R., and Dan Rodriguez, eds. Losing Ground: A Nation on Edge. Washington, D.C.: Environmental Law Institute, 2007.

Nolon, John R., and Patricia E. Salkin. Land Use in a Nutshell. 5th ed. St. Paul, Minn.: Thomson/West, 2006.

Onuaja, Stephanie. "Examining the Role of Land Use and Regulations in Housing Development." National League of Cities, 24 Oct. 2023, www.nlc.org/article/2023/10/24/examining-the-role-of-land-use-and-regulations-in-housing-development/. Accessed 23 Dec. 2024.

Platt, Rutherford H. Land Use and Society: Geography, Law, and Public Policy. Rev. ed. Washington, D.C.: Island Press, 2004.