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Land Use Regulation

Land Use Regulation. The Forgotten Agenda of the Environmental Movement. Land Use and the Environment. Man and Nature; or Physical Geography as Modified by Human Action by George Perkins Marsh 1864 later named The Earth as Modified by Human Action

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Land Use Regulation

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  1. Land Use Regulation The Forgotten Agenda of the Environmental Movement

  2. Land Use and the Environment • Man and Nature; or Physical Geography as Modified by Human Actionby George Perkins Marsh 1864 later named The Earth as Modified by Human Action • Triggered naming many national parks in the United States

  3. Land Use Planning Generally Local • Houston, no zoning • Salt Lake City, wide streets • Filled areas, Philadelphia, Boston, Washington, DC • Farms swallowed by urban sprawl • Wetlands filled • Popullution

  4. Federal Land Use Planning • In early 1970s Congress came close to enacting a federal land use policy but failed due to local land use planning opposition • Partially a fall out of federal attempts to control land use issues relating to air pollution control (prevented EPA from implementing parking use surcharges, reduction of number of parking spaces, and controlling location of facilities that attracted motor vehicles

  5. Federal Laws with Land Use Planning • Clean Water Act §404 • Coastal Zone Management Act • CLERCLA complicates redevelopment of industrial areas — brownfields • Surface Mining Control and Reclamation Act (SMCRA) 30 U.S.C. §§1201-1328 of 1977 • Endangered Species Act (ESA) • Section 176(c) of the CAA influences transportation and construction projects (SIP)

  6. Federal Laws with Land Use Planning (Cont) • 1990 CAA Amendments strengthened conformity with Urban Mass Transportation Act requiring Metropolitan Planning Organization (MPO) to develop regional transportation plans • Intermodal Surface Transportation Efficiency Act (ISTEA), 49 U.S.C. §5501 (1991) • Transportation Equity Act for the 21st Century (TEA-21) was the reauthorization of (ISTA) in 1998

  7. Federal Laws with Land Use Planning (Cont.) • Federal Disaster Relief Programs • The Food Security Act of 1985 (FSA) 16 U.S.C. §§3811-3813

  8. What is a Wetland? • Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that are under normal circumstances do support, a prevalence of vegetation typically adapted for line in saturated soil conditions 33 C.F.R. §328.3(b) (Corps) and 40 C.F.R. §230.3(t) (EPA)

  9. Wetlands and §404 Permit Program • Clean Water Act requires permits for discharges of dredging spoils and fill materials into navigable waters • Most activities covered by §404 permits do not require individual permits • 1993 Tulloch Rule requires permit if dredge spoils are redeposited if degradation occurs • 1993 National Mining Association challenge prompted new definition

  10. Wetlands and §404 Permit Program • Army Corps of Engineers redefined the activity “any addition of dredged material into, including any redeposit of dredged material within, the waters of the United States • This action removed the de minimus in the original Tulloch rule • Includes excavated material incidental to land clearing, ditching, channelization or other excavation

  11. Dredging in Navigable Waters • The Rivers and Harbors Act of 1899 gives the Army Corps of Engineers the authority to permit dredging in navigable waters • This authority is limited to interstate, tidal and international commerce waters, and §404 of the Clean Water Act gives the COE more authority to regulate wetlands

  12. Coastal Zone Management Act of 1972 (CZMA) (P.L. 92-583; 16 USC 1451 et. seq.)

  13. Coastal Zone Management Act • Information about the Coals Zone Management Program • Contact information for federal officials • Contact information for state managers • Program guidance

  14. NOAA Coastal Ocean Program • NOAA Coastal Ocean Program is part of the National Centers for Coastal Ocean Science and provides scientific information on its web site: http://www.cop.noaa.gov/

  15. State Programs • Massachusetts Coastal Zone Program http://www.state.ma.us/czm/czm.htm • Hawaii Coastal Zone Management Program http://www.hawaii.gov/dbedt/czm/ • Maryland Coastal Zone Management Program http://www.dnr.state.md.us/

  16. Coastal Zone Management, Misc. • CRS Study on issues involved with the Coastal Zone Management Act in March 2000. http://cnie.org/NLE/CRSreports/Marine/mar-35.cfm • International Links on Costal Zone Management Issues http://www.coastalmanagement.com/

  17. CERCLA

  18. CERCLA • Impedes redevelopment of industrial areas • De facto encourages green field development vs. brown field restoration • Encourages movement away from heavy industrial areas increasing urban sprawl

  19. National Park Service • 79 million acres of Federal Parkland in the Untied States in 2001 • 44 million acres is designated as wilderness areas

  20. Surface Mining Control and Reclamation Act (SMCRA) 30 U.S.C. Chapter 25 §§1201-1328

  21. SMCRA • The Surface Mining Control and Reclamation Act of 1977 et. seq. • http://www.access.gpo.gov/uscode/uscmain.html

  22. Arctic National Wildlife Refuge Current Debate

  23. Background • Located 40 miles east of Prudhoe Bay, the site is described as “the chance of a lifetime to search for ‘elephants’— oil fields with more than a hundred million barrels or producible reserves—in perhaps the last major hunting ground on North America’s mainland.” —Lee, Oil in the Wilderness: An Arctic Dilemma, National Georgraphic, Dec. 1988 at 863

  24. Alaska National Interest Lands Conservation Act • 1960 Congress established a 9 million acre Artic National Wildlife Refuge • The Alaska National Interest Lands Conservation Act expanded the protected area along the coastal plain into the 19 million acre Arctic National Wildlife Refuge (ANWR) • The act directed the Secretary of Interior to conduct a study on opening the coastal area to oil development (§1002 Lands)

  25. §1002 Lands Report • DOI scientists concluded in draft report “long-term losses in fish and wildlife resource, subsistence uses, and wilderness values would be inevitable consequences” of development, which “will result in widespread, long-term changes in wildlife habitats, wilderness environment, and Native community activities.”

  26. §1002 Lands Final Report • 1987 issued by the Secretary of Interior, Donald Hodel differs sharply with the draft • Impacts predicted for exploration and development drilling were minor or negligible on all wildlife resources in the 102 area • There is a risk that a decline could occur in the caribou population, it found no appreciable population decline is expected as a result of oil development

  27. Study of the Impact of Prudhoe Bay • Draft report found environmental impact worse than the EIS prepared 15 years earlier • The report claimed 11,000 acres of wildlife habitat had been destroyed, twice prediction • Populations of bears, wolves, and other predators declined, caribou increased • Claims 200.000 million gallons of fresh water were used by oil operations and erosion, sedimentation and oil spills resulted

  28. Shabecoff Article in NYT • Risks Worth Taking for Oil, NYT, June 2, 1988 Read the article in your text book, Pages 64-65 • In light of possible cut off from Middle Eastern Oil, what are the U.S. options for energy? • What questions do you have about the studies and the politics? • What are the rights of Alaska’s citizens?

  29. What is the area and where is it? How does the area compare to the lower 48? Worldwide Energy Use Caribou Bears Summer Drilling Winter Drilling Trans Alaska Pipeline Trans Alaska Pipeline Video Defenders of Wildlife About ANWR

  30. International Pollution • China's Brown Cloud • Global Warming or Cooling?

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