PuEnAf 323
Land Use Controls
Spring 2005
Office: MAC A324
http://www.uwgb.edu/phoenixl/index.htm
Email:
phoenixl@uwgb.edu
Office Hours: TBA
or by appt.
This course looks at land use from a variety of perspectives: methods of land use controls, legal foundations, social implications, environmental impacts, civil and property rights, cumulative impacts, etc. The various forms of public land-use controls in planning and administration are analyzed. Land use is currently a contested topic due to the increase of growth pressures, shifting populations, and the more conditions placed on personal or property rights. You will be pleasantly surprised at how interesting this course is!
This
course has been designated a Writing Emphasis (WE) course. A written
assignment in the first two weeks of class will be used to establish a standard
of reference. All written materials are
subject to the Writing Policy of UWGB.
Reading
assignments relevant to lecture material will be assigned during class.
Required Texts:
The Citizen's Guide to Zoning. 1983. Herbert H. Smith. APA Press.
Land Use in
Other
readings will be placed on reserve at Cofrin Library.
Course Outline
A. Laying the
Groundwork for Land Use Controls
Systems
Theory
History
of Property, Rights, and Responsibilities
Growth
Pressures
Urban
Rural
Edge
cities
The
State Role in Land Use Control
Growth of the role
Degrees of state control
State variations
Right to farm laws
The
“public interest”
Legislation
Regional
Role in Land Use Control
Bottom-up
– State examples
Top-down
– Tug Hill’s pragmatic approach
Public
Lands movements
Citizen
Role in Land Use Control
Public hearings and notice
Citizen suits
Representative participation
Zoning
Stakeholders
Stakeholders
Stakes
Threshold
Legal Questions
Constitutionality
Limits on police power
Limits on power of local government
The takings issue and general zoning actions
Inverse condemnation--the Agins decision
Takings and vested rights
Anti-trust and zoning
B. The Art and Science of Zoning
Zoning
Techniques and Problems
Zoning tools
Nonconforming uses
Floating zones, contract and conditional zoning
Floodplains
Comprehensive plans
Subdivision
Techniques and Problems
Relationship to zoning
Planning requirements
Dedication requirements
Bargaining for public improvements
Site plan reviews
Regulation of division or development of land
Vacation of subdivisions
PUDs
(Planned Unit Development) and New Communities Trends
Zoning and subdivision merge
Flexible planning and PUDs
PUD problems--open space control and homeowners associations
The New Urbanism and other New Towns
Phased
Development
Cases
Fairness and phasing
Procedural
streamlining
Land development permit systems
One-stop concept
Responsibility for decisions
Efficiency in decision-making
American Law Institute Model
Capital
Improvements - Provision of Services
The performance-based approach
Fiscal zoning
Policy problems--public facilities and growth management
C. Issues in Land Use
Ecological
Footprint & Unnecessary Development
More is better
Prairie
mansions
Metropolitan
development trends
Fragmentation of the built and natural environment
Exclusionary
Practices
Court
U.S. Supreme Court muddles through a mess:
1) Belle Terre decision
2)
Impact
on Housing Costs
Quality improvements
Cost-shifting
Over-specification
Friction costs
Indirect
effects
Impact
on Property Rights
New techniques and the takings issue
Compensable regulations
Windfall for wipeouts
New
perspectives on property
Distributive
Impacts of Land Use Decisions
Land
Development and the Environment
Environmental problems--the community perspective
Environmental problems--the developer's perspective
Partial solution--information
Regulatory approach ("Solution")--critical areas control
Regulatory approach ("Solution")--environmental impact statement
Regulatory approach and a solution--performance standards
Land
development and transportation
Land
Development and Energy
Problems
Opportunities
Legal basis
Approaches
Legal
Standing for Natural Objects?
Rights for natural objects
Impact on land use determinations
Preserving
Resources
Growth pressures, global economy pressures
Constituency
Demonstration programs
Transfer
of Development Rights
Short term, long term costs
TDR's to protect history--
TDR's to protect land
Land
Trusts
Definition,
case studies
Limitations
Links
with Planning
Wisconsin
Shoreland Management Act
Case Analysis: Shoreland Regulation of
Zoning
on the Waters
Surface
Zoning of Lakes and Rivers
Recreational
trends, impacts on wildlife, aquatic flora and fauna, tourism, water quality
D. Economics of Land
Use
Economic
Growth and Planning
Growth
Management Plans
Property
Taxes and Land Use
Economics
Assessment and preferential assessment
Development
Bankruptcy and the Public Interest
Public costs
Grading Due
dates:
Participation 15
3
papers 25 TBA
First
Mid-term 20 Feb 25
Second Mid-term 20 April 8
Final 20
100 pts.
Note:
Consistent with the federal law and the policies of the
LAND USE WEB SITES
www.mlui.org/
http://landuse.org/lufsys Land Use Network
www.clui.org Center for Land Use Interpretation
http://darkwing.uoregon.edu/`pppm/~landuse/land_use.html
www.sustainable.doe.gov/landuse/luintro.shtml Land Use Planning
www.policy.rutgers.edu Center For Urban Policy
www.1000friendsofwisconsin.com/ 1000 Friends of Wisconsin
www.plannersweb.com/index.html Planners Web
www.sierraclub.org Sierra Club
http://www.lta.org/
Land
Trust
GOOD BOOKS AND ARTICLES
Smith,
Herbert H. 1993. The Citizen's Guide to Planning. APA
Planner's Press.
Stone,
Christopher D. 1996. Should
Trees Have Standing? Oceana Press.
MacCleery,
D.W. 2000. Aldo Leopold’s Land Ethic: Is it only Half a
Loaf Unless a Consumption Ethic Accompanies it?
Sax,
Joseph L. 1971. The Public Trust: A New Charter of
Environmental Rights. In Defending
the Environment. Knopf Publishing.
Leopold,
Aldo. 1949. The Land Ethic, pp. 201-226, In Sand
Meck,
Stuart and Edith Netter, eds. 1983. A Planner’s Guide to Land Use Law. APA Planner’s Press.
Wright,
Robert R. and M. Gitelman.
Hunter,
David B. 1988. An Ecological Perspective on Property: A Call
for Judicial Protection of the Public’s Interest in Environmentally Critical
Resources. Harvard Environmental Law
Review, 12: 311-383.
Hagman, Donald G. and
Dean J. Misczynski, eds. 1978. Windfalls for Wipeouts: Land Value Capture
and Compensation. APA Planner’s
Press.
Geisler, Charles and Gail Daneker,
eds. 2000. Property and Values: Alternatives to
Public and Private Ownership. Island
Press.
Fustanski, Julie Ann and Roderick
Squires, eds. 2000. Protecting the Land: Conservation Easements
Past, Present, and Future. Island
Press.
Meltz, Robert, Merriam, Dwight, and Richard Frank. 1999. The Takings Issue: Constitutional Limits on Land Use Control and Environmental Regulation. Island Press.
Hanna,
Susan S., Carl Folke, and Karl-Goran Maler, eds. 1996. Rights
to Nature: Ecological, Economic, Cultural, and Political Principles of
Institutions for the Environment. Island
Press.
Freyfogle,
Eric T. 1998. Bounded People, Boundless Lands: Envisioning
a New Land Ethic. Island
Press.