Wednesday, February 16, 2011

Garnett on Mixed Land-Use Urban Neighborhoods

Nicole Garnett (Notre Dame) has added to her extensive body of work on land use, order, and quality of life in America's cities (read her book Ordering the City) by posting The People Paradox on SSRN.  Here's the abstract:

American land-use regulators increasingly embrace mixed-land-use "urban" neighborhoods, rather than single-land-use "suburban" ones, as a planning ideal. This shift away from traditional regulatory practice reflects a growing endorsement of Jane Jacobs’s influential argument that mixed-land-use urban neighborhoods are safer and more socially cohesive than single-use suburban ones. Proponents of regulatory reforms encouraging greater mixing of residential and commercial land uses, however, completely disregard a sizable empirical literature suggesting that commercial land uses generate, rather than suppress, crime and disorder and that suburban communities have higher levels of social capital than urban communities. This Article constructs a case for mixed-land-use planning that tackles the uncomfortable reality that these studies present. That case is built upon an apparent paradox: In urban communities, people do not, apparently, make us safer. But they do make us feel safer. This "People Paradox" suggests that, despite an apparent tension between city busyness and safety, land-use regulations that enable mixed-land-use neighborhoods may advance several important urban development goals. It also suggests an often-overlooked connection between land-use and policing policies.

Jim K.

February 16, 2011 in Books, Community Design, Comprehensive Plans, Crime, Density, Form-Based Codes, Housing, New Urbanism, Planning, Scholarship, Smart Growth, Urbanism, Zoning | Permalink | Comments (2) | TrackBack (0)

Tuesday, February 8, 2011

Recent Article Highlights Need to Think Comprehensively About Land Conservation

A new article in the journal Conservation Biology, highlights the need to shift our way of thinking about preservation sites. As I (and many others) have noted elsewhere, climatic changes are likely to disrupt current land protection schemes. Many of our current land conservation strategies (including establishment of reserves and most uses of conservation easements) assume environmental stability. This assumption if inappropriate when studies increasingly demonstrate there will be large shifts in ecosystems and species habitat. The authors of Toward a Management Framework for Networks of Protected Areas in the Face of Climate Change demonstrate that there is a need to increase the resilience and robustness of our conservation areas and reassess our decisions regarding where protected lands should be and what the rules governing those areas should be. Although the study examines birds in sub-Saharan Africa, the ideas and cautions easily apply to decisions regarding land conservation in the United States and elsewhere.

Below is the authors’ abstract:

Networks of sites of high importance for conservation of biological diversity are a cornerstone of current conservation strategies but are fixed in space and time. As climate change progresses, substantial shifts in species’ ranges may transform the ecological community that can be supported at a given site. Thus, some species in an existing network may not be protected in the future or may be protected only if they can move to sites that in future provide suitable conditions. We developed an approach to determine appropriate climate change adaptation strategies for individual sites within a network that was based on projections of future changes in the relative proportions of emigrants (species for which a site becomes climatically unsuitable), colonists (species for which a site becomes climatically suitable), and persistent species (species able to remain within a site despite the climatic change). Our approach also identifies key regions where additions to a network could enhance its future effectiveness. Using the sub-Saharan African Important Bird Area (IBA) network as a case study, we found that appropriate conservation strategies for individual sites varied widely across sub-Saharan Africa, and key regions where new sites could help increase network robustness varied in space and time. Although these results highlight the potential difficulties within any planning framework that seeks to address climate-change adaptation needs, they demonstrate that such planning frameworks are necessary, if current conservation strategies are to be adapted effectively, and feasible, if applied judiciously.

 HOLE, D. G., HUNTLEY, B., ARINAITWE, J., BUTCHART, S. H. M., COLLINGHAM, Y. C., FISHPOOL, L. D. C., PAIN, D. J. and WILLIS, S. G. , Toward a Management Framework for Networks of Protected Areas in the Face of Climate Change. Conservation Biology, no. doi: 10.1111/j.1523-1739.2010.01633.x

- Jessica Owley

February 8, 2011 in Climate, Comprehensive Plans, Conservation Easements, Development, Environmental Law, Environmentalism, Smart Growth | Permalink | Comments (0) | TrackBack (0)

Monday, January 31, 2011

Judith Wegner, Annexation, and the Boehl Lectures

Thanks, Matt, for the wonderfully kind introduction.  I am excited to be guest-posting on the Land Use Prof blog.  Despite the flood of emails (and steady stream of students and professors wanting an associate dean's immediate attention), I read the Land Use Prof blog every day, and find the posts both helpful and thought-provoking.  It is a real honor to be a part of the great work that y'all do!

For my first post, I want to share some insights from Judith Welch Wegner's Boehl Distinguished Lecture in Land Use Policy at the University of Louisville this past Thursday, January 27, and to highlight the value of a land-use lecture series generally.  Professor Wegner is well known in legal education for her past roles as a 10-year Dean at the University of North Carolina-Chapel Hill, President of AALS, member of the Order of the Coif Executive Committee, and Senior Scholar at the Carnegie Foundation for the Advancement of Teaching.  In the land use field, she is known as the Burton Craige Professor of Law at the University of North Carolina-Chapel Hill and for her especially influential article "Moving Toward the Bargaining Table: Contract Zoning, Development Agreements, and the Theoretical Foundations of Government Land Use Deals," 65 N.C. L. Rev. 957 (1987).  I predict that she will play a major role in reviving interest in annexation as a land use legal and planning issue.

Judith gave her Boehl Distinguished Lecture in Land Use Policy on "Annexation, Urban Boundaries, and Land Use Dilemmas: Learning from the Past and Preparing for the Future."  Her basic concern is that annexation is often disconnected from land-use planning, which results in problems of sprawl, uncoordinated growth, inadequate infrastructure, and fiscal stress.  Drawing on census data and examples from North Carolina's famous "annexation wars," Judith pointed out that there are no quick-fixes, no one-size-fits-all model solutions (a point that I particularly like and have addressed most recently in "Fourth-Generation Environmental Law: Integrationist and Multimodal").  Local culture matters.  Some of the worst conflicts do not arise from expanding large cities but from small municipalities in rural or at least non-urban areas, making it difficutl to get a handle on what exactly "smart growth" might mean in these low-density communities.  Water and wastewater dynamics play significant roles, as do municipalities' desires to improve their fiscal health by increasing their property-tax base through annexations.  When municipal annexation is difficult, though, alternatives to annexation take its place, including the proliferation of special districts, the rise of county authority over land use, and the dominance of gated communities.  All in all, according to Judith, annexation conflicts demonstrate why local governance structure is a "wicked problem" but one that is critically important to land use practices and sustainable development.  I am looking forward to the publications that will result from her research.  Annexation issues have received too little attention in the land use legal literature.

But her lecture implicitly makes another point -- the value of a land-use lecture series.  More on that tomorrow . . . .  [OK, maybe not as tantalizing as who shot J.R., but hopefully something of a hook to bring you back.]  Again, thanks for letting me come aboard!

Tony Arnold

January 31, 2011 in Agriculture, Common Interest Communities, Comprehensive Plans, Density, Development, Exurbs, Lectures, Local Government, Planning, Politics, Smart Growth, Sprawl, State Government, Suburbs | Permalink | Comments (1) | TrackBack (0)

Saturday, January 15, 2011

Gypsy-Travellers & Land Use Direct Action

There was a fascinating piece on the radio in the UK this morning on the disputes between gypsy-travellers and settled communities (for a video see here) with direct action taken on both sides. This head-on collision over land use has arisen in the English village of Meriden where a group of gypsies attempted to construct a caravan site for 14 trailers on a field they own over a holiday weekend (giving them an additional day before local planning officers were open again). While these stealth tactics have previously been successful, this time gypsy-traveller ‘land activists’ were opposed by a human barricade of local residents who were determined not to let them build. Eight months later the gypsy-travellers continue to live on the site in their caravans (with sanitary facilities that were permitted to be constructed over the Summer) with both sides awaiting the outcome of an application for planning permission to construct hard standings and further infrastructure on the site. 

These are longstanding disputes (gypsies were regulated as early as the Egyptians Act of 1530), with the nomadism and communal living at the heart of many gypsy and travelers’ lifestyles challenging a planning system based on sedentarism and individualism. Rights to camp or pitch caravans on open spaces have long been restricted with public provision made for gypsy-travellers on authorised sites, although there has been a widely acknowledged lack of provision. This situation has been condemned as ‘deplorable’ by the European Court of Human Rights with approximately one in four Gypsies and Travellers living in caravans without a legal place on which to park their home.  

Disputes such as that at Meriden raise claims of unfairness, with arguments raging about whether ‘travelling’ or ‘settled’ communities are better treated by the planning system and why, if gypsies are traveling people, they need settled provision at all. The new Conservative-Liberal Democrat, responding to the concerns of their political supporters in the ‘Tory shires’, are about to introduce new rules on planning applications by gypsy-travellers to restrict their ability to apply for retrospective planning permission and to tackle the thorny issue of public provision of authorised sites. In the meantime, at today’s conference, no gypsy-travellers have apparently been invited to attend.

Antonia Layard

January 15, 2011 in Affordable Housing, Comprehensive Plans, Environmental Justice, Houston, Race | Permalink | Comments (0) | TrackBack (0)

Friday, December 17, 2010

Feudal Land-Use?

Fred Bosselman and David Callies famously characterize land-use in the United States as "a feudal system under which the entire pattern of land development [is] controlled by thousands of individual local governments, each seeking to maximize its tax base and minimize its social problems, and caring less about what happens to others."

Ouch. To teach this point, perhaps with less bite, my Property classes study Associated Home Builders of the Greater Eastbay Inc. v. City of Livermore. Can one municipality adopt zoning ordinances that incidentally harm a neighboring city? What legal standard ought to protect cities against such ordinances?  

Our system that vests most land-use decisions in multiple local municipalities contrasts nicely with China's top-down approach. An article today in the People's Daily Online describes 12 Chinese cities punished by China's Ministry of Land and Resources for illegal land-use. Interestingly, China's Ministry of Land and Resources used satellite imagery to discover land-use illegalities and call out the offending city managers. My experience has been that students better internalize our system and its limitations when juxtaposed with varying other approaches - like China's.

 McKay Cunningham

December 17, 2010 in Caselaw, Comparative Land Use, Comprehensive Plans, Globalism, Local Government, Teaching, Zoning | Permalink | Comments (0) | TrackBack (0)

Friday, December 10, 2010

More Marijuana

Marijuana dispensaries are growing like weeds. The recent ABA article, "Up in Smoke," chronicles some of the chronic problems plaguing states that have legalized medical marijuana. This Blog has already noted Kansler and Salkin's article on zoning law and regulation of "dispensaries."

The fact that municipalities have regulatory power through zoning is part of the problem. Of the fourteen or so states that have legalized medical marijuana, none have a comprehensive regulatory scheme. California, for example, passed a very generalized statute, but local counties and municipalities are left with no guidance on the particulars.  Vanderbilt Law Professor, Robert Mikos, posits that "no one has any idea how many medical dispensaries are out there [in California]." To reign in dispensaries, Los Angeles recently cut the number of allowed medical marijuana dispensaries to seventy.

Now that Arizona voters have approved (this past November) medical marijuana, the problem of uniformity and new zoning regulations again arises. Perhaps Justice O'Connor's justification for federalism -- that states serve as laboratories -- rings true for Arizona. In other words, Arizona may have learned from California's mistakes.  A model ordinance from the League of Arizona Cities and Towns at least gives some guidance to Arizona municipalities as they struggle to implement the state's newest law.

McKay Cunningham  

December 10, 2010 in California, Comprehensive Plans, Local Government, Planning, Zoning | Permalink | Comments (0) | TrackBack (0)

Sunday, April 11, 2010

Land Use, housing, and the Middle East

A couple of weeks ago, a land use issue became a flashpoint in the continuing discussion over Israel and Palestine.  When Vice President Biden was visiting Israel, it was seen as an affront that the Jerusalem planning department announced the approval of a number of new housing units in disputed territory.

Then, when Mr. Netanyahu visited the White House, the press reported that his major prop was a "flowchart" purporting to show that the planning process in Jerusalem was outside of his control or knowledge.  Apparently, he was rebuffed.

Now it's entirely possible that the announcement of the new housing starts was the result of internal Israeli politics.  And it's never been a goal of the Land Use Prof Blog to wade into Middle East politics.  But I can't help but feel a little sympathy with Mr. Netanyahu, if for no other reason than the fact that anyone who wants to build housing in the US must run a regulatory gauntlet so byzantine that the very idea of an explanatory flowchart would be most welcome. 

What I really want to find out more about is, what is the process set forth in this flowchart?  I have tried to do the research several times since this story came out, and I haven't been able to find this flowchart.  I think that if a planning commission process flowchart is going to be a linchpin of global politics, we ought to at least be able to take a look at it!  If you have access to the flowchart please let me know!!

All the same, I'm still intrigued that the leader of a major Western democracy would think to go to a meeting equipped with a land use planning flowchart.  Just goes to show how significant these issues are!

Matt Festa

April 11, 2010 in Comparative Land Use, Comprehensive Plans, Planning, Scholarship | Permalink | Comments (1) | TrackBack (0)