Presentation 3.1: Land-Use Policy and Zoning

Outline

• Introduction• Land-use policy and what it does• Multiple levels of policy• Policy-making process and your role• Zoning, the zoning process, and your

role• Landscape code examples• Summary

Introduction

There are a variety of tools that governments and communities can use to regulate development, natural resource use, and resource management. These tools can greatly influence wildland-urban interface issues.

Policy is one such tool.Policy is one such tool.

Land-use policy

Policy is a purposive course of action or inaction that an actor or set of actors takes to deal with a problem.

Policy…

• Determines How land and resources are used What resources require protection

• Defines Regulatory methods

Unintended consequences

Policy can help conserve and enhance natural resources…

ORIt can inadvertently lead to their

degradation.

Multiple levels

Policies can be developed at all levels of government:

•Federal•State•Local (city/county/parish)•Neighborhood

Exercise 3.1:Making the Link – Policy in the

Interface

Exercise 3.1

List policies that influence: • Forests• Water • Wildlife• Air quality

Federal policy

Examples:• Endangered Species Act• Clean Water Act• Clean Air Act

In many cases, states are responsible for implementing or regulating federal policies.

State policy

• States may create policies to supplement federal policy

• Many state governments require local governments to develop comprehensive plans for growth management

• States my also have nonregulatory guidelines (e.g., best management practices or BMPs)

Local policy

Most states delegate their land-use authority to local governments

Examples of local policies: • wetland protection ordinances• storm-water regulations• tree preservation ordinances

Neighborhood policy

• Homeowners or property owners associations rules

• Neighborhood covenants created by developers

Exercise 3.7: Guiding Neighborhood

Policy

Exercise 3.7 Discussion Questions• What opportunities for influencing neighborhood-level policy

and management did you observe? How would you approach the developer or residents in each scenario? What kinds of things could you do to gain their trust?

• What types of information would you give residents? How could you convince them of the importance of this information? How could you correct misconceptions they might have?

• How does the approach differ in Scenario 1 versus Scenario 2? Why?

• How could you continue to communicate and work with the homeowners association in Scenario 2?

Collaboration

Collaboration among agencies, stakeholders, and levels of government combines experience, authority, and resources, creating an ideal outcome.

Enlibra Doctrine

1. National Standards, Neighborhood Solutions

2. Collaboration, Not Polarization

3. Reward Results, Not Programs

4. Science for Facts, Process for Priorities

5. Markets before Mandates

6. Change a Heart, Change a Nation

7. Recognition of Costs and Benefits

8. Solutions Transcend Political Boundaries

Steps in the policy process

1. Problem identification2. Policy agenda setting3. Policy formulation4. Policy adoption5. Policy implementation6. Policy evaluation

Steps in the policy process

1.1. Problem identificationProblem identification

2.2. Policy agenda settingPolicy agenda setting3. Policy formulation4. Policy adoption5. Policy implementation

6.6. Policy evaluationPolicy evaluation

Problem identification

Natural resource professionals are …• Aware of important issues and short-

and long-term consequences Help policy makers prioritize issues

• May be aware of potential solutions Share ideas about what worked for other

communities

Providing consistent, reliable information Providing consistent, reliable information increases resource professional’s credibilityincreases resource professional’s credibility

Agenda setting

• Increase public awareness about the issue

• Encourage public involvement Distribute flyers Speak at community meetings

• Rally support Connect natural resource issues with current community priorities

Policy evaluation

Assist decision makers in evaluating the affects a policy has on natural resourcesExample:

• Policy aims to protect gopher tortoise• Resource professionals can provide data on

tortoise populations and wildlife movement• Decision makers can determine if the policy is effective

Exercise 3.2:Tracking the Policy

Process

What is zoning?

Regulations that define appropriate land uses, minimum lot sizes, and acceptable building height and setback

Zoning defined

• Divides communities into agricultural, commercial, industrial, and residential land uses

• Intended to promote compatibility of land uses

Zoning in the interface

Effective zoning:• Promotes successful land-use

regulation• Promotes natural resource protection• Promote the goals of the local

comprehensive plan

Zone with care

However, zoning ordinances have historically led to development that exacerbated interface issues.

They need to be created with care.

Zoning needs your input!Zoning needs your input!

The zoning process

1. Data Gathering2. Public Notification3. Commission Review4. Commission Vote5. Public Comment6. Review for Compatibility with Plan

The zoning process

1.1. Data GatheringData Gathering

2.2. Public NotificationPublic Notification3. Commission Review4. Commission Vote

5.5. Public CommentPublic Comment6. Review for Compatibility with Plan

Potential roles for resource professionals

• Serve on the zoning commission• Provide reliable data about resource

conditions and land-use impacts for local decision makers

Your chance to help shape Your chance to help shape development and reduce development and reduce interface issues!interface issues!

Landscape codes

• Define minimum standards for planting and maintaining natural features within a community

• Dictate Design Installation Maintenance requirements

Use of landscape codes

Encourage:• Preservation• Management• Replanting of trees to protect canopy• Improve storm-water management• Conserve vulnerable habitat• Protect floodplain

Landscape ordinances in three southern communities

Protect existing trees and promote planting and maintenance of vegetation

• Mandeville, Louisiana• Collier County, Florida• Southlake, Texas

Mandeville, Louisiana

• Preserve forest character • Protect plant communities• Regulate land clearing• Require parking lot plantings• Protect large trees from removal

Collier County, Florida

• Improve community aesthetics • Promote harmony between natural

and built environments• Create micro-detention areas within

open space of a development

Southlake, Texas

• Landscape and Tree Preservation Ordinance created in 1990’s

• New construction plans must be reviewed with landscape plans for permitting

• City inspectors ensure plants are protected and planted properly

Summary

• Policy and zoning are two types of tools that guide land-use decisions in the wildland-urban interface.

• These tools affect natural resources and resource management.

• You have a crucial role to play in the development effective policy and zoning.

Credits

Photos:• Slides 9,13,16,26: Larry Korhnak• Slide 22: S.J. Krasemann/Peter Arnold, Inc. Literature:• Slide 4:Anderson 1984, and Heidenheimer, Heclo,

and Adams. 1983.• Slide 12: Kundell, Myszewski, and DeMeo 2003.• Slides 18-19: Anderson, Brady, Bullock, and

Stewart 1984.• Slide 25: Myszewski, and Kundell. 2005. • Slide 17: Western Governors Association 2003.