Open Ground

by Nolon, John R.

• ISBN13: 9781585760558
• ISBN10: 1585760552
• Format: Paperback
• Copyright: 2003-05-01
• Publisher: Environmental Law Inst

Summary

The preservation of open space has captured the public's imagination. Disappearance of open space is associated with the general degradation of the quality of community life, and in a broader sense, what is happening to open space is what is happening to the local environment.Most books on environmental protection focus on the critical role of federal and state legislation, and agencies in promoting and protecting environmental values. When one turns to the subject of open space protection, the role of local governments, their legislatures and administrative bodies, is paramount. Local governments in most states have been delegated primary responsibility for determining how private land is developed and conserved. The result being that when requests for local approval of development projects are made, local boards do not have the power to properly protect their environmental resources.Despite this reality, there is no comprehensive source of information about strategies available to localities to protect the environment.Open Ground: Effective Local Strategies for Protecting Natural Resourcesis designed to fill that void. It is offered with the knowledge that properly drafted land use ordinances, land acquisition programs, and smart growth strategies can protect critical landscapes and valued natural resources. These initiatives can counter the negative effects of polluted run-off, erosion and sedimentation, habitat removal, wetland disappearance, and water quality degradation that comes from the improper location of buildings and other improvements, poorly managed site clearance and management, and environmentally insensitive construction practices.

Author Biography

John R. Nolon is the Charles A. Frueauff Professor of Law and the Director of the Land Use Law Center at Pace University School of Law, as well as a Visiting Professor at the Yale School of Forestry and Environmental Studies.

Table of Contents

About the Author	p. iii
Dedication and Acknowledgements	p. iv
Foreword	p. ix
Overview
Introduction	p. 3
About Open Ground	p. 4
About the Field of Local Environmental Law	p. 7
Smart Growth and Local Environmental Protection	p. 11
The Power of Local Governments to Adopt Local Environmental Laws	p. 12
Synopsis of Local Environmental Laws	p. 15
Comprehensive Planning	p. 16
Zoning	p. 18
Overlay Zoning	p. 19
Incentive Zoning	p. 21
Subdivision Approvals	p. 21
Site Plan Approvals	p. 23
Clustering	p. 24
Aquifer Protection	p. 24
Environmental Impact Review Requirements	p. 25
Erosion and Sediment Control	p. 26
Fish and Wildlife Habitat	p. 26
Floodplains	p. 27
Ridgeline Protection	p. 29
Scenic Resources	p. 30
Steep Slope Protection	p. 31
Stormwater Management	p. 32
Timber Harvesting Regulation	p. 33
Transfer of Development Rights (TDR)	p. 34
Tree Preservation	p. 36
Wetlands and Watercourse Protection	p. 36
Traditional Land Use Regulations That Protect Open Lands
Introduction	p. 45
The Comprehensive Plan	p. 46
Zoning	p. 55
Overlay Zoning	p. 94
Recreational Zoning	p. 107
Subdivision Regulation	p. 115
Cluster Development	p. 145
Site Plan Regulation	p. 165
Innovative Natural Resource Regulations
Introduction	p. 193
Aquifer Protection	p. 194
The Conservation Area Overlay District	p. 226
Erosion and Sediment Control	p. 235
Fish and Wildlife Habitat Protection	p. 268
Floodplain Protection	p. 294
Ridgeline Protection	p. 327
Scenic Resource Protection	p. 336
Steep Slope Protection	p. 359
Stormwater Management	p. 380
Timber Harvesting	p. 412
Tree Preservation	p. 437
Wetlands and Watercourses	p. 457
Strategic Acquisition of Open Lands
Introduction	p. 519
Acquisition Techniques	p. 523
Purchase of Title	p. 523
Purchase of Development Rights	p. 524
Lease of Development Rights	p. 525
Illustrations From New York Localities	p. 525
Acquisition Strategies in Other States	p. 527
Local Revenue Sources in New York	p. 529
Financing Programs in Other States	p. 533
Conclusion	p. 535
Smart Growth: Strategies That Balance Conservation and Development
Introduction	p. 545
Better Site Planning	p. 546
Clustering Site Development	p. 546
Environmental Impact Review	p. 547
Rearranging Development on Multiple Parcels: Planned Unit Development	p. 549
Creative Zoning and Incentives for Concentrating Development in Appropriate Areas	p. 552
Traditional Neighborhood Zoning Districts	p. 552
Floating Zones	p. 556
Incentive Zoning	p. 557
Transfer of Development Rights	p. 559
Overlay Zoning Districts	p. 560
Brownfield Redevelopment	p. 561
Watershed Planning and Management	p. 563
Intermunicipal Planning and Regulation	p. 564
Washington	p. 564
New York State	p. 565
Colorado	p. 566
A Case Study of Large-Scale Land Use Collaboration	p. 567
Legal Authority for Local Action and Legal Challenges
Introduction	p. 581
Case Law	p. 582
Statutory Authority	p. 585
New York Legal Authority in Depth	p. 590
Regulatory Takings: Environmental Regulations That Go "Too Far"	p. 591
Conclusion	p. 599
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