EP 1110-1-24
15 Dec 00
common in the area of zoning ordinances. Although the rezoning process may be long,
involving public notice, planning commission hearings, staff reports, governing body hearings,
and public comment periods, it is the most common land use action taken by local government.
This fact emphasizes the importance of buy-in on the part of the local government when using
zoning as part of an institutional control program.
(b) One limitation with the use of zoning as an institutional control is the fact that local
planning decisions are often driven by economic and political forces and often do not reflect the
vision of a community. The local planning commission may be comprised of building
contractors, real estate agents, and developers whose interests tend to be focused on deriving the
highest economic value from a property with less attention given to the impact on human health
and the environment.
(c) The Standard Act which has been used by many jurisdictions as the basis for local
zoning programs was not designed to address many of today's land use issues. Many
comprehensive plans were originally created as a reflection of existing land use patterns, not as a
tool for planning future land use. Many local government bodies are therefore moving towards
broad land use plans, describing land use objectives in words rather than maps. Whether a
community continues to use master plans or develops general land use objectives, it must be
recognized that they are most often advisory and do not carry the force of law.
(3) Permit Programs. Permit programs are another means that local governments have to
limit land use. In establishing a permit program, the permitting agency determines specific
conditions which must be met before a certain use or action is allowed on a property. Existing
permit programs include building permits, water/sewer connection permits, and state well
drilling permitting systems which have been developed to protect the quality and use of ground
water. Permit programs have also been developed to help ensure that site developers are aware
of and comply with special procedures that are required in the development of a parcel (for
example, requiring a builder to replace the existing soil on a parcel because of its poor structural
characteristics). Historically, permit programs have been developed in areas where special
requirements are necessary to protect human health and the environment because of residual
contamination that remains on a property. In the particular case of an OE-contaminated site, a
permit program can be established that would require a developer to contact a UXO contractor
approved by USAESCH to clear an area of OE prior to excavation for footings or foundations.
Permitting programs provide an avenue by which both local authorities and USAESCH may
become aware of land use activities that may not be compatible with the presence of OE. In
order to maintain a successful permit program, a system to verify compliance with the permit
program and the authority to bring violators back into compliance is required.
(4) Strengths and Limitations of Permit Programs. Permit programs are probably one of
the easiest of the local governmental controls to implement. Permit programs are generally
administered by a single local government entity and thus avoid regulatory confusion over
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