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Land Use Controls Where are we now?

Explore the challenges, models, and tools of land use controls to minimize health and environmental risks. Discover how local governments play a crucial role in implementing, enforcing, and managing LUCs. Learn about the ICMA's resources, research, and gap analysis in the realm of land use decisions and control mechanisms.

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Land Use Controls Where are we now?

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  1. Land Use Controls Where are we now? Brownfields 2003 Conference Portland, Oregon October 26th, 2003

  2. What Is ICMA? • Association of over 8,000 local government managers and their staff • Mission: enhance the profession of local government management • Services include: - Education & training - Research on cutting-edge issues - Information clearinghouse

  3. Preview • Set the Stage • Where are we today? • Where do we go tomorrow? • Building the capacity of local govts. • Land use decision making • Information infrastructure • Life cycle costing and financing

  4. www.LUCs.org Virtual encyclopedia of resources and information BFs, military bases, and SF sites Publications: Beyond Fences (2000) Peer Exhange (2003) Tracking (2003) Research Forums (2001-2002) San Diego: LUC information infrastructure San Antonio: local government costs National Stakeholders Forum on Federal sites LUCIP—Denver and Colorado (2003) ICMA’s Research & TA Resources

  5. Gap Analysis • Identify major gaps or issues in LUC design, selection, implementation, and enforcement • Work with practitioners and policymakers to close the gaps and address the issues • Think about the LUC challenges on the horizon

  6. What is a Land Use Control? Administrative and/or legal mechanisms that minimize the potential exposure/risk to human health and the environment from the remaining contamination left on site

  7. Basic Assumptions • Terminology: LUCs vs. ICs vs. AUL • LUCs integrate public health, land use, and economic revitalization • LUCs are appropriate and properly in place • Variety of sites (BFs, SF, DOE, active & closed military bases, etc.) and laws/regulations. • Variety of institutional understanding and capacity

  8. Overall Observations • High degree of complexity • No single entity or institution can provide a 100% fail safe system • Making progress on LUC policy front • Different LUC models/systems

  9. LUC Models & Tools • Public: • State VCPs: covenants, easements, MOUs • State and local registries and tracking systems • LUCIPs • Local land development systems • Private: • One call utility notification systems • Guardian trust • Environmental insurance • Hybrids: coordination among multiple systems

  10. State and Local Research Results • Actions re land happen at the local level: new development, property transfer, first to get the call. • Leverage existing state and local govt. infrastructure and respective strengths • Local governments in ideal position to facilitate long term stewardship • Close coordination with state regulators

  11. Core Local Govt. Strengths • Local Land use: improve the adaptability of state and local land development/zoning practices to LUCs • Info infrastructure: improve the data management and permitting systems of state and local governments to track LUCs

  12. Core Local Govt. Strengths • Life cycle costs: improve the identification of local govt. life cycle costs for LUC selection, implementation, and enforcement • Enforcement: outline and enhance the role of local government

  13. Information Infrastructure Forum • Goal: provide notice to affected stakeholders as early as possible to prevent/manage unreasonable risk of exposure to soil and GW contamination • Who should get the information? • When should they get the information • What type of information should they get? • How to manage and disseminate the information?

  14. A Network of Systems • Local land use tracking and permitting systems • Local inventories • County recordation • State inventories & LUC tracking • Federal inventories & LUC tracking • Private sector strategies: trusts and One-Call utility notification systems

  15. System Design and Management • Uniformity of information • Compatibility of systems: standardization, protocols, links, etc. • Ease of access and security • Costs and financing info infrastructure • Outline core city responsibilities

  16. Next Steps • Collaborative design & planning: LUCIPs • Coordination of state and local LUC data systems • Reach out to new stakeholders • Capacity building, training, and education • Explore creative approaches to implement and enforce LUCs • Financing of LUC administration • Comparative life cycle cost analysis of LUCs

  17. Contact Information • Joe Schilling, Director of Community & Economic Development Jschilling@icma.org • David Borak, LUC Project Manager • Dborak@icma.org • www.LUCs.org

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