About half of the states have land-use statutes that are still based on, or influenced by, models produced by the Commerce Department in the 1920s. In addition, some states with modern statutes are finding these laws inadequate for the suburban sprawl challenges of the 21st century. As studies report the continuing damage resulting from sprawl – including lost family farms, deforestation, wildlife and habitat destruction, air pollution, obesity, stress, less time with families, crumbling urban cores, lost tax revenues subsidizing new and expensive roads and schools, etc. – it is evident that something must be done to bring every state’s land-use laws into the 21st century.

Several state legislatures have already responded to the growing public concern over misguided suburban development by implementing new laws in an effort to rein in sprawl. Oregon continues to lead the way with innovative and progressive legislation designed to protect wildlife, forests, and farmland without damaging the local economy or compromising the quality of life of the city’s residents.

State governments have a new tool to combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment. The American Planning Association (APA), in cooperation with HUD and the EPA, has released model state land-use planning legislation called the Growing Smart Legislative Guidebook.

The Growing Smart Legislative Guidebook and its companion, the Growing Smart User Manual, are the culmination of the APA’s seven-year project to help rewrite state planning laws across the nation. Overall, the guidebook is a major achievement, describing many needed and useful changes. It is worth noting, however, that several provisions are problematic from an environmental perspective.

Jim McElfish of the Environmental Law Institute was appointed to specifically represent environmental concerns on the Growing Smart Directorate. He has identified several trouble areas in an Appendix to the guidebook. McElfish’s concerns center on the lack of adequate protection for natural, historic, and scenic resources, including:

• Provisions that allow local communities to “opt out” of planning for natural resource protection under limited circumstances.
• Provisions that automatically approve development if a decision is unable to be made within a required number of days.
• Provisions that encourage development by insulating speculators from following updated plans and regulations.
• Failure to recognize the comprehensive impact of development on natural resources with ordinances that apply throughout a jurisdiction.
• The failure to include effective provisions on historic preservation that are currently being used by many state and local governments.

Despite the problematic sections, the Growing Smart Legislative Guidebook provides much model language that should prove useful, including:

• A focus on statewide land-use and planning goals rather than using a patchwork quilt of smaller local plans which are often too limited.
• A section on state biodiversity planning that includes an open process with public input and requires state agencies to review activity for consistency with the plan.
• Use of straightforward and tested “takings” language. By not inserting controversial language on “regulatory takings,” it wisely refrains from utilizing untested language that would make local governments vulnerable to legal challenges.

If you have specific questions about this issue, please email us at info@serconline.org or call SERC’s headquarters in Madison, Wisconsin at (608) 252-9800.