From Mandate to Smart From Mandate to Smart Growth:Growth:

The Evolution of Growth The Evolution of Growth Management in the United Management in the United

StatesStates

Jesse J. Richardson, Jr.Jesse J. Richardson, Jr.Department of Urban Affairs and Department of Urban Affairs and

PlanningPlanning

Virginia Tech Virginia Tech

Regional Research Institute Seminar SeriesWest Virginia University1 March 2002

• Types of Contemporary Growth Types of Contemporary Growth Management Regulations Management Regulations – Adequate public facilities requirementsAdequate public facilities requirements

•Manage growth by (1) ensuring availability of Manage growth by (1) ensuring availability of public services; (2) affects location of public services; (2) affects location of development through “incentives”development through “incentives”

– Growth phasing programsGrowth phasing programs•Regulates the location and timing of new Regulates the location and timing of new

development, based primarily on the availability development, based primarily on the availability of public facilitiesof public facilities

– Urban growth boundariesUrban growth boundaries•Line drawn around a city to define the limits of Line drawn around a city to define the limits of

urban growthurban growth

• Rate-of-growth programsRate-of-growth programs

• Hawaii (1961)Hawaii (1961)– state planstate plan– unique in many waysunique in many ways– some dissatisfaction with limited local rolesome dissatisfaction with limited local role– state land use commission decides boundaries state land use commission decides boundaries

of urban, rural, agricultural and conservation of urban, rural, agricultural and conservation landland

– low vacancy rates, high land prices- cause?low vacancy rates, high land prices- cause?

• Vermont (1970)Vermont (1970)– state permitting process for large-scale developmentstate permitting process for large-scale development– nine regional commissionsnine regional commissions– statewide goalsstatewide goals– permits must be consistent with statewide goals and local permits must be consistent with statewide goals and local

plans and capital programsplans and capital programs– failed to produce statewide land use planfailed to produce statewide land use plan– in 1988, they tried again with statewide goals and required in 1988, they tried again with statewide goals and required

local plan consistencylocal plan consistency– incentives for local govts to participate: financial incentives for local govts to participate: financial

assistance, impact fees, state agency complianceassistance, impact fees, state agency compliance– lots of opposition to 2nd effort; lots of opposition to 2nd effort;

third try watered legislation third try watered legislation down further down further

• Oregon (1973)Oregon (1973)– Nineteen state goalsNineteen state goals– Local comprehensive plans and implementing ordinances Local comprehensive plans and implementing ordinances

must further these state goalsmust further these state goals

• Urban Growth BoundariesUrban Growth Boundaries– Designed to have enough Designed to have enough

buildable land for all housing buildable land for all housing needs for next 20 yearsneeds for next 20 years

– Extensive studies must be done: Extensive studies must be done: population, etc.population, etc.

– Reviewed every 5 years and Reviewed every 5 years and adjusted, if necessaryadjusted, if necessary

– High densities mandatedHigh densities mandated

• Exclusive Farm Use ZonesExclusive Farm Use Zones– Large lot zoning requiredLarge lot zoning required– Very few uses allowed besides farmingVery few uses allowed besides farming– Residences must be related to farm unless Residences must be related to farm unless

exceptions process appliedexceptions process applied

• land conservation and development land conservation and development commission (LCDC)commission (LCDC)

• state-wide planning goalsstate-wide planning goals

• local govts must adopt comp plans that are local govts must adopt comp plans that are (i) coordinated with each other; and, (ii) in (i) coordinated with each other; and, (ii) in compliance with state goalscompliance with state goals

• primary objectives: contain urban sprawl primary objectives: contain urban sprawl and preserve forests and farmlandsand preserve forests and farmlands

• urban growth boundariesurban growth boundaries

• Florida (1975)Florida (1975)– local govts must prepare local govts must prepare

comp planscomp plans– state comp planstate comp plan– local govts must adopt local govts must adopt

land use maps with land use maps with

measurable goals, objectives and policiesmeasurable goals, objectives and policies– comp plans must be consistent with state goals comp plans must be consistent with state goals

(risk of losing state funds)(risk of losing state funds)– local govts must develop ordinances that local govts must develop ordinances that

implement and are consistent with comp planimplement and are consistent with comp plan– concurrencyconcurrency: cannot grant land development : cannot grant land development

permit unless public facilities will concurrently permit unless public facilities will concurrently be available to meet the needs of that be available to meet the needs of that developmentdevelopment

• New Jersey (1985)New Jersey (1985)– state development and redevelopment state development and redevelopment

planplan– cross acceptancecross acceptance: the comparing of : the comparing of

planning policies among govtl levels to planning policies among govtl levels to achieve compatibility between local, achieve compatibility between local, county and state planscounty and state plans

– counties act as coordinating bodies counties act as coordinating bodies between municipalities and state planning between municipalities and state planning commissioncommission

– growth directed to urban areas and growth directed to urban areas and compact areas in rural and compact areas in rural and environmentally sensitive environmentally sensitive areasareas

• Maine (1988)Maine (1988)– 10 statewide GM goals10 statewide GM goals– all municipalities must adopt comp plans all municipalities must adopt comp plans

consistent with these goals by 1996consistent with these goals by 1996– voluntary certification process- impact voluntary certification process- impact

fees and state fundsfees and state funds– invalidation of zoning ordinance if invalidation of zoning ordinance if

no new comp planno new comp plan

• Washington (1990/1991)Washington (1990/1991)– applies only to certain growth applies only to certain growth

countiescounties– counties must coordinate plans with counties must coordinate plans with

constituent citiesconstituent cities– regional hearing boards for regional hearing boards for

compliancecompliance

• Maryland (1998) Maryland (1998) – ““Smart growth”: Beginning October 1, 1998, the Smart growth”: Beginning October 1, 1998, the

state will not providing funding for "growth state will not providing funding for "growth related projects" except in "Priority Funding related projects" except in "Priority Funding Areas" (PFAs)Areas" (PFAs)

• Priority Funding Areas:Priority Funding Areas:– Generally, already developedGenerally, already developed– Water and sewer a keyWater and sewer a key– Local governments designate Local governments designate

PFAs, subject to criteria set out PFAs, subject to criteria set out

by the stateby the state

• Rural Legacy ProgramRural Legacy Program– "…to enhance natural resource, agricultural, "…to enhance natural resource, agricultural,

forestry, and environmental protection … while forestry, and environmental protection … while maintaining the viability of resource-based land maintaining the viability of resource-based land usage and proper management of tillable and usage and proper management of tillable and wooded areas through accepted agricultural and wooded areas through accepted agricultural and silvicultural practices for farm production and silvicultural practices for farm production and timber harvests"timber harvests"

– State provides funding for purchase of State provides funding for purchase of development rights, etc.development rights, etc.

– Agricultural production (along with forestry and Agricultural production (along with forestry and "natural resources") is one of eight criteria "natural resources") is one of eight criteria consideredconsidered

• 5 C’s of Growth Management5 C’s of Growth Management– Comprehensive planComprehensive plan– ConsistencyConsistency

• plan and implementing regulationsplan and implementing regulations

• internalinternal

• intergovernmentalintergovernmental

– ConcurrencyConcurrency– CoordinationCoordination– CooperationCooperation

Conclusions:Conclusions:

• Growth management is moving toward Growth management is moving toward incentives and away from mandates incentives and away from mandates

• Mandates are not generally effective Mandates are not generally effective Incentives may be more economically Incentives may be more economically efficient and more effectiveefficient and more effective

• The market has a huge impact on growth The market has a huge impact on growth management and should be considered in management and should be considered in any smart growth effortsany smart growth efforts