ACCOMMODATING HOME RULE IN STATE LAND USE ….doc

Federal Published Article Comprehensive Planning, Smart Growth EPA Region- All Federal “Accomodating Home Rule in State Land Use Reform”, by John Nolon Summary Nolon’s article explores the “national land use system” in our country. The “land use system” is defined by the actions of the local, regional, state and federal governments that direct, influence or react to the use of the land. Nolon explores these actions and why they have been ineffective in allowing our country to “grow smart”. Article ACCOMMODATING HOME RULE IN STATE LAND USE REFORM By: John R. Nolon Definitions: The Problem We are not growing smart as a nation. Our patterns of land consumption are neither economically competitive nor environmentally sound. For seven decades, local governments have helped shape land development patterns by enacting comprehensive plans, zoning ordinances, subdivision and site plan regulations and paying for capital infrastructure. The pattern of land development sketched by municipal ordinance and action has been influenced in turn by state and federal actions such as highway funding, low-cost mortgage finance and environmental regulations. Together, these local, regional, state and federal actions that direct, influence or react to the use of the land, may be called the national land use system. If, indeed, we are not growing smart it must be due, in part, to deficiencies in this land use system. This research paper identifies those deficiencies, concentrating first on local home rule, and works from the importance of local control toward a standard for evaluating state statutes designed to correct these deficiencies. Home Rule At the base of this pyramid of land use authority is the home rule power of local governments, often held responsible for inefficient land patterns. Home rule statutes and constitutional provisions provide authority for local governments to legislate with respect to local property, municipal or corporate affairs, or administrativ