Regional Planning Bibliography
[1] See, e.g., Alfred Bettman, "How to Lay Out
Regions for Planning," in Planning Problems of Town, City, and Region:
Papers and Discussion (Baltimore, Md.: Norman, Remington, 1925), 287-301;
John Friedmann, "The Concept of a Planning Region — The Evolution
of an Idea in the United States," in John Friedmann and William Alonso,
eds., Regional Development and Planning: A Reader (Cambridge, Mass.: MIT
Press, 1964), 497-518.
[2] Daniel H. Burnham and Edward H. Bennett, Plan
of Chicago (New York: DaCapo Press, 1970, reprint of 1909 edition),
esp. Chs. III, IV, and V.
[3] This statute appears in Frank B. Williams, The
Law of City Planning and Zoning (New York, N.Y.: MacMillan, 1922),
594-597.
[4] Id., 596.
[5] Advisory Committee on City Planning and Zoning,
A Standard City Planning Enabling Act(Washington, D.C.: U.S. GPO,
1928), 26.
[6] Id., 28.
[7] Id., 29.
[8] Id., 30.
[9] U.S. Advisory Commission on Intergovernmental Relations
(ACIR),Regional Decision Making: New Strategies for Substate Districts;
Substate Regionalism and the Federal System, Vol. 1 (Washington, D.C.:
U.S. GPO, October 1973), 54.
[10] National Resources Committee, Regional Factors
in National Planning (Washington, D.C.: U.S. GPO, December 1935),
117-135.
[11] Id., x.
[12] ACIR, Regional Decision Making, 55.
[13] Judith Getzels, Peter Elliott, and Frank Beal,
Private Planning for the Public Interest: A Study of Approaches to Urban
Problem Solving by Nonprofit Organizations (Chicago, Ill.: American
Society of Planning Officials, October 1975), 10-19. See also Jeanne R.
Lowe, Cities in a Race with Time (New York, N.Y.: Random House,
1967), 110-163.
[14] ACIR, Regional Decision Making, 57-58.
[15] James G. Schrader, Voluntary Metropolitan Governmental
Councils, Information Report No. 161 (Chicago: American Society of
Planning Officials, August 1962), 13.
[16] Urlan A. Wannop, The Regional Imperative: Regional Planning and Governance in Britain, Europe, and the United States (London,
England: Jessica Kingsley Publishers, 1995), 385.
[17] Bruce D. McDowell, "The Evolution of American
Planning," in The Practice of State and Regional Planning, Frank
So, Irving Hand, and Bruce D. McDowell, eds. (Washington, D.C.: American
Planning Association in cooperation with the International City Management
Association, 1986), 56.
[18] Bruce D. McDowell, "Regionalism: What It
Is, Where We Are, and Where It May Be Headed," a speech given to
the 1995 Annual Conference of the Virginia and National Capital Area Chapters
of the American Planning Association, Falls Church, Va. (December 4, 1995),
2.
[19] American Society of Planning Officials (ASPO),
New Directions in Connecticut Planning Legislation: A Study of Connecticut
Planning, Zoning and Related Statutes (Chicago, Il.: ASPO, February
1966), 166. The ASPO report recommended that the definition of a regional
plan be amended to include the following: (1) conservation and management
of water resources, including ground and surface supply, pollution abatement,
flood control, and watershed protection; (2) abatement of air pollution;
(3) conservation of land resources, including forest, wetlands, wildlife
refuges, and seashore; (4) population and general housing types in the
several parts of the region; (5) regional facilities, such as major commercial
centers, regional parks, transportation, industrial parks, sewerage, and
other facilities that would serve the region rather than a single municipality;
and (6) a statement of objectives, policies and standards on which recommendations
are based. Requiring the factual basis on which policies and standards
were derived, wrote ASPO, "will facilitate review of plans by interested
public or private group[s] and help them gauge the reasonableness of regional
planning proposals. In addition, this requirement will focus attention
on development policies underlying specific development proposals such
as those for regional land use."
[20] National Commission on Urban Problems, Building the American City: Report of the National Commission on Urban Problems to Congress and to the President (Washington, D.C.: U.S. GPO, 1968), vii.
[21] Id., 242.
[22] ACIR, Regional Decision Making, 354.
[23] Id.
[24] Id.
[25] Id., 360.
[26] Id.
[27] U.S. Advisory Commission on Intergovernmental
Relations, "An Act Providing for Designation of Uniform Substate
Districts and Coordination Thereof," in ACIR State Legislative Program: Local Government Modernization (Washington, D.C.: U.S. GPO, November 1975),
119-132.
[28] American Law Institute (ALI), A Model Land Development Code: Complete Text and Commentary (Philadelphia, Pa.: ALI, 1976), Note
to 8-102, 312.
[29] ALI, A Model Land Development Code, 311-312, quoting
Melvin Mogulof, "Regional Planning, Clearance, and Evaluation: A
Look at the A-95 Process," in Journal of the American Institute of Planners 37 (1971): 419.
[30] ALI, A Model Land Development Code, 312.
[31] Id., 316.
[32] Id.
[33] ALI, A Model Land Development Code, 316- 317,
quoting Melvin Levin, "Planners and Metropolitan Planning,"
in Journal of the American Institute of Planners 33 (1967 ): 80. See also
Richard F. Babcock, "Let's Stop Romancing Regionalism," in Billboards, Glass Houses and the Law and Other Land Use Fables (Colorado Springs,
Colo.: Shepard's, 1977), 11-23. The late Chicago land-use attorney Richard
F. Babcock saw regional planning agencies as "political bastards,
the offspring of a loveless dalliance between cynics and dreamers, with
no general government willing to acknowledge more than a foster parent
relationship." Id., at 15. Babcock, who chaired the ALI committee
that oversaw the development of the Code and served as the governor's
appointee on the Northeastern Illinois Planning Commission, believed that
only the state had sufficient independence and power to require the resolution
of metropolitan planning conflicts: "The governor can — if anyone
can — compel operating agencies such as the highway department and
the state housing authority to recognize in their programs the inescapable
interdependence of each with the other. The governor has a broad constituency
that permits him to take greater political risks than would be ventured
by any mayor or other local representative on a regional commission. If
any agency can act as broker between central city and suburb — and
perhaps none can — it will be the state. If any negotiation of our
bitter metropolitan conflicts is foreseeable, it can occur in our reapportioned
and increasingly responsible state legislatures, not in some politically
irresponsible regional institution." Id., at 17. Babcock's views,
of course, colored the approach taken in the ALI Code.
[34] McDowell, "Regionalism, What It Is,"
3.
[35] Wannop, The Regional Imperative, 288.
[36] Bruce D. McDowell, "Regional Councils Then,
Now, and in the Future," a speech to the Board of Directors Retreat,
Economic Development Council of Northeastern Pennsylvania (October 7,
1993), in Regionalism: Shared Decision Making: A Background Reader (Richmond,
Va.: Commission on Population Growth and Development, July 1994), 4.
[37] Wannop, The Regional Imperative, 292, citing John
M. DeGrove, "Regional Agencies as Partners in State Growth Management
Systems," Proceedings of the Joint ACSP and AESOP International Congress,
Oxford, UK (July 1991).
[38] Allan D. Wallis, "Inventing Regionalism:
A Two-Phase Approach," National Civic Review 83, no. 4 (Fall/Winter
1994): 447, 450; see also William R Dodge, "Regional Problem Solving
in the 1990s: Experimentation with Local Governance for the 21st Century,"
National Civic Review 79, no. 4 (July-August 1990): 354-366; Patricia
S. Atkins and Laura Wilson-Gentry, "An Etiquette for the 1990s Regional
Council, "National Civic Review 81, no. 4 (Fall-Winter 1992):
466-487; Symposium issue on the future of regional governance, Janis Purdy,
ed., National Civic Review 85, no. 2 (Spring-Summer 1996).
[39] William R. Dodge, letter dated Sept. 10, 2001
to William R. Klein, Director of Research, American Planning Association.
[40] National Association of Regional Councils (NARC),
Directory of Regional Councils in the United States (Washington, D.C.:
NARC, April 1995), 3.
[41] Oh. Rev. Code 713.30-713.34 (1994).
The Ohio law permits creation by agreement of a board of county commissioners
and the legislative authority of a municipality with such boards and authorities
of adjoining states. An interstate regional planning commission may also
be created by compact which must be reviewed by the attorneys general
of the states included in the region and approved and signed by the governors
of such states. 713.30.
[42] Delaware Valley Urban Area Compact, P.L. 1974,
c.193.
[43] Fla. Stat. Ann. 186.504 (West 1987 and Supp.1995).
[44] By-Laws of the Metropolitan Washington Council
of Governments, 5.02(e) (December 14, 1988).
[45] Mich. Comp. Laws Ann. 124.651 et seq. (1991);
Oh. Rev. Code, Ch. 167 (1994); N.C.G.S. 160A-470 et seq. (1989).
[46] American Law Institute, A Model Land Development Code, Note to 8-102, 306-319.
[47] Anthony Downs, New Visions for Metropolitan America
(Washington, D.C.: Brookings Institution and Lincoln Institute of Land
Policy, 1994), 176-179.
[48] Ore. Rev. Stat. Ch. 368 (1993); 1992 Metro Charter;
Mn. Stat. Ann., Ch. 186 (1994 and Supp. 1995).
[49] Downs, New Visions for Metropolitan America, 180.
[50] See N.J.S.A. 13.18A-1 et seq. (Pinelands
Commission); Commonwealth of Massachusetts, Ch. 716 of the Acts of 1989
and Ch. 2 of the Acts of 1990 (Cape Cod Commission Act); Commonwealth
of Massachusetts, Ch. 637 of the Acts of 1974 (Martha's Vineyard Commission);
Cal. Gov't. Code, 65500 et seq. (San Francisco Bay Conservation
and Development Commission); N.Y. Executive Law, Art. 27 (Adirondack Park
Agency Act, 1990); Nev. Rev. Stat. 277.200 (Tahoe Regional Planning
Compact); Cal. Gov't Code 66801 (Tahoe Regional Planning Compact).
[51] Fla. Stat. Ann. 186.503 et seq. (1987 and
Supp 1995) (Regional planning councils); Wi. Stat. Ann. 66.945 (1990)
(Regional planning commissions); Mass. Gen. Laws Ann., Ch. 40B, 1-8
(1994) (Regional planning); Oh. Rev. Code, Ch. 167 (Regional councils
of government) and 713.21 et seq. (Regional planning commissions)
(1994) (Regional councils of government); N.C.G.S., Art. 19 (Regional
planning commissions) and Art. 20, Part 1, 160A-470 et seq. (Councils
of government) (1990); Code of Ga., Tit. 50, Ch. 8, Art. 2 (1994) (Regional
development centers); Mi. Comp. Laws Ann., 124.653 et seq. (1991)
(Metropolitan councils) and 125.12 et seq. (1986) (Regional planning
commissions).
[52] Fla. Stat. Ann. 186.504 (4) (West 1987 and
Supp. 1995).
[53] Ga. Code. Ann. 50-8-33 (1989).
[54] For a discussion of the question of support for
strong planning roles by regional government, see Mark Baldassare, et
al., "Possible Planning Roles for Regional Government: A Survey of
City Planning Directors in California," Journal of the American Planning Association 62, no. 1 (Winter 1996): 17-28.
[55] For an argument favoring metropolitan government
or reorganization under a variety of structures, see David Rusk, Cities Without Suburbs (Washington, D.C.: Woodrow Wilson Center Press), 91-119.
[56] Downs, New Visions for Metropolitan America, 182.
[57] The Constitution requires congressional approval
for interstate compacts. See U.S. Const., Art I, 10, Cl. 3 ("No
State shall, without the Consent of Congress, . . . enter into any Agreement
or Compact with another State, or with a foreign power"). See also
Stephen D. Galowitz, "Interstate Compacts and Affordable Housing,"
in Modernizing State Planning Statutes: The Growing Smart Working
Papers, Vol. 1, Planning Advisory Service Report No. 462/463 (Chicago:
American Planning Association, March 1996), 147-151; Frederick L. Zimmerman
and Mitchell Wendel, The Interstate Compact Since 1925 (Chicago:
The Council of State Governments, 1951), 30-42; Marian E. Ridgeway, Interstate
Compacts: A Question of Federalism (Carbondale, Ill.: Southern Illinois
University Press, 1971). Congress has, however, preapproved certain types
of compacts, such as those for transportation planning for multistate
metropolitan regions. See 23 U.S.C.A. 134(d)(2) (authorizing two
or more states to enter into agreements or compacts, not in conflict with
any law of the United States, for cooperative efforts and mutual assistance
for metropolitan transportation planning activities).
[58] This alternative is linked to Alternative 2 —
Mandated Composition and Membership of Regional Planning Agency by Local
Elected Officials, Appointees of the Governor, and State Agency Representatives
in Section 6-102.
[59] For a discussion of the sovereign authority of
Indian tribes, see Alan Sweeney, "Tribal Land-Use Power: A Primer
for Planners," PAS Memo (Chicago: American Planning Association,
May 1996).
[60] This section is linked to Alternative 2 —
Mandated Creation of Regional Planning Agency in Section 6-101.
[61] See U.S. Advisory Commission on Intergovernmental
Relations, MPO Capacity: Improving the Capacity of Metropolitan Planning
Organizations to Help Implement National Transportation Policies,
A-130 (Washington, D.C.: U.S. GPO, May 1995), 34, 40-41 (discussion of
prevalence of weighted voting among a sample of MPOs); National Association
of Regional Councils, (NARC), Regional Council Representation and Voting: A Guide to Issues and Alternatives (Washington, D.C.: NARC, March 1979)
(discussion of policy issues and court decisions relevant to regional
council voting and representation).
[62] Seth Benjamin, John Kincaid, and Bruce D. McDowell,
"MPOs and Weighted Voting," Intergovernmental Perspective
20, no. 2 (Spring 1994): 31. The states are Arizona, California, Colorado,
Delaware, Michigan, Missouri, North Carolina, Ohio, Tennessee, and Washington.
[63] This function, as it applies to projects of a
special district, may not be necessary if a development of regional impact
review (DRI) process is in place in the region that addresses capital
projects.
[64] See, e.g., Cal. Gov't. Code, 6500 et seq.
(1995) (joint powers agreements); and N.C.G.S, 160A-460 et seq.
(1995) (interlocal agreements).
[65] Where the regional planning agency's board consists
of representatives of local government and appointees of the governor,
the governor's appointees would not participate in the vote because the
issue of service provision is a matter of local, rather than state, concern.
[66] Audited financial statements are typically available
several months after the end of a fiscal year.
[67] Thomas Adams, Outline of Town and City Planning
(New York, N.Y.: Russell Sage Foundation, 1935), 295.
[68] An example would be if the regional comprehensive
plan called for high-density development around transit stops and the
plan map showed detailed land-use concepts for all such areas.
[69] Department of Land Conservation and Development
(DLCD), Oregon's Statewide Planning Goals& Guidelines (Salem, Ore.:
DLCD, 1995), 21 (Goal 14: Urbanization).
[70] Id., 17 (Goal 10: Housing).
[71] Wash. Rev. Code 36.70A.106 (1) and
36.70A.040 (1998).
[72] Id., 36.70A.106(1).
[73] Maine Stat. Art. 30A, 4326.3A(1) - (2) (1998).
The statute provides that a municipality "is not required to identify
growth areas for residential growth if it demonstrates that is not possible
to accommodate future residential growth in these areas because of severe
physical limitations, including, without limitation, the lack of adequate
water supply and sewage disposal services, very shallow soils or limitations
imposed by protected natural resources; or it demonstrates that the municipality
has experience minimal or no residential development over the past decade
and that this condition is expected to continue over the 10-year planning
period." Id.
[74] Minn. Stat. 462.353, subdiv. 18 (1997).
[75] Id., 462.3535, subdiv. 5.
[76] The "Smart Growth" legislation is S.B.
389 (1997 Regular Session). Language relating to "priority funding
areas" appears in Md. Ann. Code, Art. — State Finance and Procurement,
subtit. B and 7-314(o) (1997).
[77] State of Tennessee, 100th Gen'l Assembly, Senate
Bill 3278 (passed 5-1-98, approved 5-19-98), Sec. 3.
[78] Id., Sec. 5(a)(1).
[79] Id., Sec. 5(a)(9).
[80] Id., Sec. 5(a)(4).
[81] Id., Sec. 5(a)(3), (4).
[82] Id., Sec. 5(b)(1).
[83] Id., Sec. 5(b)(1), (2).
[84] Id., Sec. 5(b)(3), (4).
[85] Id., Sec. 6(a), (b).
[86] Id., Sec. 6(b).
[87] Id., Sec. 8.
[88] Id., Sec. 5(e)(1).
[89] Id., Sec. 5(a)(2).
[90] Id., Sec. 7(a)(1).
[91] Id., Sec. 7(a)(2).
[92] Id., Sec. 7(a)(3).
[93] Id., Sec. 7(b).
[94] Id., Sec. 7(c).
[95] Id., Sec. 12(c), (d).
[96] Id., Sec. 13(a)(1), (d)(1).
[97] Arthur C. Nelson and James B. Duncan, with Clancy
J. Mullen and Kirk R. Bishop, Growth Management Principles and Practices
(Chicago: APA Planners Press, 1995), 77-80 (describing urban service
area in Sacramento County California, urban service boundary in San Jose,
California, urban growth area in Larimer County, Colo., and urban growth
boundary in Dade (Miami) and Orange County (Orlando), Fla.); see also
Jim Sayer, "Bound for Success: California Communities and Urban Growth
Boundaries," Lusk Review 4, No. 1 (Spring/Summer 1998): 54-63
(discussion of council-initiated and citizen-initiated urban growth boundaries
in California and criticizing lack of statewide framework for undertaking
them).
[98] For a discussion of the Boulder program, see Eric
Damian Kelly, Managing Community Growth, Policies, Techniques, and
Impacts (Westport, Conn.: Praeger, 1993), 54-64.
[99] Peter Pollock, "Controlling Sprawl in Boulder:
Benefits and Pitfalls," Land Lines: Newsletter of the Lincoln Institute of Land Policy (Cambridge, Mass., January 1998): 1-3, at 2.
[100] Id., 2.
[101] Id., 2-3.
[102] The 1988 Comprehensive Plan: Growth Planning System, as adopted by the Lexington-Fayette County Planning Commission
(Lexington, Ky.: Lexington-Fayette Urban County Government, May 25, 1988),
3.
[103] Nelson and Duncan, Growth Management Principles and Practices , 80.
[104] Siemon, Larsen, and Marsh, Expansion Area Master Plan, adopted by Lexington-Fayette County Urban County Planning Commission
(Lexington, Ky.: Lexington-Fayette Urban County Government, Department
of Housing and Community Development, July 18, 1996), 7.
[105] For a digest of studies that look at the impact
of growth controls generally, including urban growth areas, on property
values, see Gerrit Knaap, "The Determinants of Residential Property
Values: Implications for Metropolitan Planning," Journal of Planning
Literature 12, no. 3 (February 1998): 267-282, esp. 275-276. Concludes
Professor Knaap: "In sum, research on the effects of growth controls
within metropolitan areas has consistently shown that growth controls
increase property values in growth control communities. Whether such effects
reflect the creation of amenity creation or constraints in supply, however,
remains uncertain. Most likely, growth controls within metropolitan areas
shift the demand for land from one part of the metropolitan area to another.
In some places, local governments have been able to mitigate the effects
of growth controls on housing affordability by adopting affordable housing
programs. Research on the effects of growth controls on housing affordability
has produced conflicting results. . . " Id., at 276.
[106] ECO Northwest with David J. Newton Associates
and MLP Associates, Urban Growth Management: Case Studies Report,
prepared for Oregon Department of Land Conservation and Development (DLCD)
(Salem, Or.: DLCD, January 1991), v-vii. See also Robert L. Liberty, "Oregon's
Comprehensive Growth Management Program: An Implementation Review and
Lessons for Other States," Environmental Law Reporter News and
Analysis XXII, no. 5 (June 1992): 10367-10391, esp. 10375 to 10379
(evaluation of success of Oregon's urban containment policy).
[107] 1000 Friends of Oregon and the Home Builders
Association of Metropolitan Portland, Managing Growth to Promote Affordable
Housing: Revisiting Oregon's Goal 10, Executive Summary (Portland,
Ore.: 1000 Friends of Oregon, September 1991), 10 (emphasis in original).
[108] Gerrit Knaap and Arthur C. Nelson, The Regulated Landscape: Lessons on State Land Use Planning from Oregon (Cambridge,
Mass.: Lincoln Institute of Land Policy, 1992), 66-68. See generally Chapter
2, Urban Growth Boundaries and Urban Growth Management, for a summary
of relevant studies on urban growth areas conducted in Oregon.
[109] Portland State University Center for Urban Studies,
Impact of the Urban Growth Boundary on Metropolitan Housing Markets
(Portland, Ore.: The Center, May 10, 1996), 2-3 to 2-4. For a discussion
of the debate over expanding the urban growth boundary in the Portland
area, see Alan Ehrenhalt, "The Great Wall of Portland" Governing
10, no. 8 (May 1997): 20-24.
[110] Id.
[111] Washington Center for Real Estate Research,
Washington State University, Urban Growth Areas and Lot Price: Clark
County, Washington, Executive Summary (April 1997), http://cbeunix.cbe.wsu.edu/~wcrer/rsrchgc.htm.
[112] Id.
[113] Wash. Rev. Code 37.7A.110 (1997); Wash.
Admin. Code 365-194-335 (1993).
[114] An argument against urban growth areas may be
that they would not be particularly workable in rural areas with diffuse
population and no real urban centers. A state legislature may wish to
adapt this model by authorizing urban growth areas only in counties that
are part of metropolitan areas, but not in nonmetropolitan counties.
[115] For an analysis of the impact that Oregon's
statewide land-use planning system has had on development patterns, see
Jerry Weitz and Terry Moore, "Development Inside Urban Growth Boundaries:
Oregon's Evidence of Contiguous Urban Form," Journal of the American Planning Association 64, no. 4 (Autumn 1998): 424-440.
[116] The authority of a municipality to plan extraterritorially
varies among the states. For example, a municipality may have the power
to review and approve subdivisions within a certain radius of its boundaries
for consistency with a thoroughfare plan and municipal engineering and
design requirements.
[117] For example, the Washington state statutes provide
"New fully contained communities may be approved outside established
urban growth areas only if a county reserves a portion of the twenty year
population projection and offsets the urban growth area accordingly."
Wash. Rev. Code. 36.70A.350(2) (1996).
[118] Section 7-204.1 describes a land market monitoring
system and the procedures for reviewing the urban growth area and determining
whether the growth area needs to be amended.
[119] P.L. 87-866.
[120] The Federal Transportation Equity Act for the
21st Century can be found on the U.S. Department of Transportation's web
site: www.dot.gov/tea21/legis.htm.
[121] 23 U.S.C 134(b), (g)(1), and (g)(2).
[122] Id., 134(c).
[123] U.S. Advisory Commission on Intergovernmental
Relations, MPO Capacity: Improving the Capacity of Metropolitan Planning Organizations to Help Implement National Transportation Policies, A-130
(Washington, D.C.: U.S. GPO, May, 1995), 33-34.
[124] 23 U.S.C 134(f). For an excellent discussion
of how MPOs responded to the original ISTEA legislation, see Daniel Carlson,
with Lisa Wormser and Cy Ulberg, At Road's End: Transportation and
Land Use Choices for Communities (Washington, D.C.: Island Prerss,
1995).
[125] 23 U.S.C. 134(h)(3) (D).
[126] 23 U.S.C. 134(h)(30(iv).
[127] Cal. Gov't. Code, 65081 (1995).
[128] Robert Freilich and S. Mark White, "State
and Regional Roles in Transportation and Land Use," in Modernizing State Planning Statutes: The Growing Smart Working Papers, Vol. 1, Planning
Advisory Service Report Nos. 462/463 (Chicago: American Planning Association,
March 1996), 127-131.
[129] Anthony Downs, Stuck in Traffic: Coping with
Peak-Hour Traffic Congestion (Washington, D.C. and Cambridge, Mass:
The Brookings Institution and the Lincoln Institute of Land Policy, 1994),
129-169; and Terry Moore and Paul Thorsnes, The Transportation/Land Use
Connection, Planning Advisory Service Report No. 448/449 (Chicago: American
Planning Association, January 1994), Ch. 4.
[130] Here, it is assumed that the regional planning
agency, or a committee of the regional planning agency, will be a metropolitan
planning organization responsible under federal law for undertaking transportation
planning.
[131] Federal regulations require that the transportation
plan be "reviewed and updated at least triennially in nonattainment
and maintenance areas [for air quality] and at least every five years
in attainment areas to confirm its validity and its consistency with current
and forecasted transportation and land-use conditions and trends and to
extend the forecast period." 23 CFR 450.322(a).
[132] For an example of a state statute that defines
a "congestion management program" to be prepared for every county
that includes an urbanized area and subsequently to be incorporated into
the regional agency's transportation improvement program required under
federal law, see Cal. Gov't. Code, 65088 et seq. (1994).
[133] For a discussion of citizen participation practices
and techniques as applied to regional transportation planning see, e.g.,
Phil Braun, et al., ISTEA Planner's Workbook (Washington, D.C.: Surface
Transportation Policy Project, October 1994), Ch.1; Community-Based Planning Under ISTEA (Washington, D.C.: Bicycle Federation of America, 1993); see
generally William R. Potapchuck, "New Approaches to Citizen Participation:
Building Consent," National Civic Review 80, no. 2 (Spring 1991):
158-168; Lenneal J. Henderson, "Metropolitan Governance: Citizen
Participation in the Urban Federation," National Civic Review 79,
no. 2 (March-April 1990):105-117; Georgia A. Persons, "Defining the
Public Interest: Citizen Participation in Metropolitan and State Policy
Making," National Civic Review 79, no. 2 (March-April 1990): 118-131.
[134] This procedure is adapted from Minn. Stat. 473.146,
Subd. 2 and 2a (1992) (hearings prior to adoption of policy plans for
metropolitan agencies).
[135] Parts of this section dealing with the form
of the notice and submission of written and oral comments and recommendations
have been adapted from the American Law Institute (ALI), A Model Land
Development Code (Philadelphia, Pa.: ALI, 1976), 2-305.
[136] For an interesting decision in which an executive
committee of a regional planning commission, but not the full membership,
adopted a regional land-use plan contrary to the requirements of a state
statute, and, as a consequence, an appeals court found the plan had no
effect, see State ex rel Barbuto v. Ohio Edison Co., 16 Oh. App.
2d. 55, 241 N.E.2d 783 (1968), aff'd 16 O.S.2d. 54, 242 N.E.2d 562 (1968).
The court held that the regional planning commission could not delegate
the responsibility of officially adopting a plan.
[137] See Nancy E. Stroud, "State Review and
Certification of Local Plans," in Modernizing State Planning Statutes: The Growing Smart Working Papers, Vol. 1., Planning Advisory Service
Report No. 462/463 (Chicago: American Planning Association, March 1996),
85-88.
[138] This approach is an adaptation of procedures
in: A Standard City Planning Enabling Act, 28, drafted by
the Advisory Commission on City Planning and Zoning, U.S. Department of
Commerce (Washington, D.C.: U.S. GPO, 1928); a model "County and
Regional Planning Enabling Act" drafted by Attorney Alfred Bettman
and appearing in Model Laws for Planning, Cities, Counties, and States,
Harvard City Planning Studies VII, by Edward M. Bassett, Frank B.
Williams, Alfred Bettman, and Robert Whitten (Cambridge, Mass.: Harvard
University Press, 1935), 93-98, esp. 9 (Legal Status of Plan); Fl.
Stat. Ann. 186.508 (1995) (state review of regional plans); and
U.S. Advisory Commission on Intergovernmental Relations, "An Act
Providing for Designation of Uniform Substate Districts and Coordination
Thereof," in ACIR State Legislative Program: Local Government
Modernization, M-93 (Washington, D.C.: U.S. GPO, November, 1975),
122-132.
[139] An alternative to this approach is review of
both publicly funded and private projects of regional or metropolitan
impact. For example, under Minn. Stat. 473.173 and Minn. Rules 5800.0010
et seq., the Metropolitan Council for the seven-county Twin Cities
area has established standards, guidelines, and procedures for determining
whether any proposed project is of metropolitan significance. The intent
is to "assure that the total effect of a proposed project alleged
to be of metropolitan significance is considered and the orderly economic
development of the area is promoted. . .[The rules state that it is not
the Metropolitan Council's intent to use the procedures] to stop development,
but rather to work out differences among parties and arrive at consensus."
Minn. Rules 5800.0010 (1989).
[140] See, e.g., Melvin Levin, "Planners and
Metropolitan Planning," in Journal of the American Institute of Planners
33 (1967): 79-80.
[141] The activities in this paragraph are duplicated
in part in Section 6-604(4), which deals with the effect of designating
a substate district organization on state agencies.
[142] Preferably, this review should occur before
final architectural, engineering, or related designs are completed so
as to prevent the expenditure of substantial amounts of money on design
work.
[143] "Initiation," in this context, refers
to the preparation of final architectural, engineering, or related designs
and may also refer to the actual bidding out of the project.
[144] See San Diego Association of Governments (SANDAG),
Regional Growth Management Strategy (San Diego, Ca.: SANDAG, January 1993),
Appendix 2 (Self-Certification Process and Schedule).
[145] The extent of state aid to areawide planning
agencies in the early 1990s is discussed in a draft report prepared for
the U.S. Advisory Commission on Intergovernmental Relations by Dr. Patricia
Atkins of the National Association of Regional Councils, Decade of Change
(unpublished manuscript, May 27, 1993).
[146] This alternative is adapted from, "An Act
Providing An Umbrella Multijurisdictional Organization for [Name] Region
With Authority To Deliver Services Under Certain Circumstances,"
appearing in U.S. Advisory Commission on Intergovernmental Relations,
ACIR State Legislative Program: Local Government Modernization, M-93 (Washington,
D.C.: U.S. GPO, November 1975), 148.
[147] This alternative is adapted from Ga. Code. Ann.
50-8-33(2) (1994), which provides for state funding for regional
development centers.
[148] State of North Carolina, Office of the Governor,
Executive Order No. 25, "Regional Policy for North Carolina"
(February 21, 1986).
[149] Code of Va. 2.1-391 (1994) (Duties of
state department of planning and budget relative to review and approval
of all substate district systems boundaries), 15.1-1403 to
15.1-1417 (Planning districts); Code of Ga. 5-8-32 (1994) (Establishment
of regional development centers); Ky. Rev. Stat. 147A.050-147A.125
(1994) (Area development districts).
[150] The A-95 Circular has been replaced by Presidential
Executive Order No. 12372 of July 14, 1982, Federal Register 47, no. 137,
July 15, 1982.
[151] U.S. Advisory Commission on Intergovernmental
Relations, "An Act Providing for Designation of Uniform Substate
Districts and Coordination Thereof," in ACIR State Legislative Program: Local Government Modernization, M-93 (Washington, D.C.: U.S.GPO, November,
1975), 122-132.
[152] This paragraph duplicates, in part, Section
6-401(4), which deals with regional planning agency review of major publicly
funded capital projects of extra-jurisdictional or regional significance.
[153] Arthur C. Nelson, James B. Duncan, with Clancy J.
Mullen and Kirk Bishop, Growth Management Principles and Practices (Chicago,
Ill.: APA Planners Press, 1995), 73-74; see also Gerrit Knaap and Arthur C.
Nelson, The Regulated Landscape: Lessons on State Land Use Planning from
Oregon (Cambridge, Mass: Lincoln Institute of Land Policy, 1992), Ch. 2;
V. Gail Easley, Staying Inside the Lines : Urban Growth Boundaries, Planning
Advisory Service Report No. 440 (Chicago: American Planning Association November
1992); ECO Northwest with David J. Newton Associates and MLP Associates, Urban
Growth Management Study: Case Studies Report, prepared for the Oregon Department
of Land Conservation and Development (Salem, Ore: ECO Northwest, January 1991).
[154] Wash. Rev. Code Ann. 36.70A.106(1)
and 36.70A.040 (1995 Supp).
[155] Id., 36.70A.106(1)-(3) (1995 Supp).
[156] See generally Gerrit J. Knapp and Lewis D. Hopkins,
"The Inventory Approach to Urban Growth Boundaries," Journal of the American Planning Association 67, no. 3 (Summer 2001): 314-326.
[157] For an additional discussion of these steps
and others related to the methodology of designating boundaries, see V.
Gail Easley, Staying Inside the Lines , 6-9. In addition to analyses based
on land area, growth capacity analysis should include analyses of infrastructure
capacity. See also Eric Damian Kelly, Planning, Growth, and Public Facilities:
A Primer for Local Officials, Planning Advisory Service Report No. 447
(Chicago: American Planning Association, September 1993).
[158] See Christopher Harris, "Bringing Land-Use
Ratios Into the '90s," PAS Memo (August 1992).
[159] For a discussion of the market factor and considerations
in determining what percentage it should be in the calculation, see V.
Gail Easley, Staying Inside the Lines , 10.
[160] Note that there can be a considerable degree
of debate about what percentage the market factor is. Depending on the
pace of economic growth, the market factor may vary considerably. In a
fast-growing regional economy, the factor may need to be larger than in
a slow-growing economy. In any case and regardless of the methodology
used to forecast land use needs, constant monitoring of the amount of
developable or redevelopable land within the urban growth area boundary
is necessary to ensure the success of the program.
[161] See, e.g., Emily Narvaes, "Boulder Decides
to Go Even Slower than Usual," Planning 61, no. 12 (December
1995): 22-23. According to Narvaes, in Boulder, Colorado, a town that
imposed urban growth area boundaries in the 1970s, "More people are
coming into the city than out to work each day, according to city planners,
partly because long-time limits on residential growth have driven up housing
prices — and pushed many Boulder workers to live in outlying communities."
Id.
[162] An example of detailed guidelines for delineating
urban growth area boundaries is found in Wash. Admin. Code 365-195-335.
These rules implement the state's Growth Management Act.
[163] This statute provided the basis for Section
7-204.1 (Land Market Monitoring System).
[164] See generally Frank S. So, Irving Hand, and
Bruce D. McDowell, The Practice of State and Regional Planning (Washington,
D.C.: American Planning Association, 1986), Chs. 6 and 7 (discussion of
preparation and implementation of regional plans). For a good review of
contemporary regional plans with both national examples and examples from
the four-county area around Portland, Oregon, see Architectural Foundation
of Oregon, An Inventory of Regional Plans (Portland, Ore.: The Foundation,
December, 1992).
[165] 1992 Metro Charter, 5.
[166] Cal. Gov't. Code, 65060 et seq.
(Regional planning districts) (1995).
[167] Id., 6400 et seq. (Joint powers
agreements) (1995).
[168] Commonwealth of Massachusetts, Cape Cod Commission
Act, Chapter 716 of the Acts of 1989 and Chapter 2 of the Acts of 1990,
7.
[169] Minn. Stat. Ann, 473.145 (1994).
[170] Id., 473.146 (1994).
[171] Adirondack Park Agency Act, New York Executive Law,
Art. 27, 801 (1990).
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