Summary of State Land Use Planning Laws

Prepared by:

Jim Schwab, AICPManager, APA Hazards Planning Research Center

Senior Research AssociateAmerican Planning Association

and

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http://www.DisasterSafety.org/text.asp?id=land_use_planning

Summary of State Land Use Planning Laws

2010 Edition

Institute for Business & Home Safety

IBHS is an initiative of the insurance industry to reduce the social & economic effects of natural

disasters & other property losses

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DisasterDisaster

SafetySafety

American Planning Association

The APA and its professional institute—the American Institute of Certified Planners (AICP)—advance the art and science of

planning to meet the needs of people and society.

Community Land Use Evaluation

Survey Results• Plans were weak where it counts for safe

growth:

– Plans contained 40% or even less of features important for identifying vulnerability, understanding key issues, instituting new policies and programs, and charting ways to implement these measures

• Communities making the greatest progress are in states that require hazard elements in local plans.

What’s Needed

Added incentive:

Disaster Mitigation Act of 2000

Summary of State Land Use Planning Laws

• Surveys state laws on planning requirements and planning for natural hazards.

• Examines the relationship between comprehensive plans and local zoning ordinances.

Summary of State Land Use Planning Laws

Matrix 1: General Planning Provisions

– Status of state land-use planning– Is planning required, and for which jurisdictions?– Vertical and horizontal consistency– Internal consistency between plan and zoning– How elements are specified or suggested

Matrix 1: General Planning Provisions

Matrix 1: General Planning Provisions

• Second matrix covering natural hazards:– Whether planning for hazards is mandatory– Whether it must be addressed in a separate

element or within a particular element– The geographic areas and hazards specified– Post-disaster recovery planning– Provision of state technical assistance

Matrix 2: Natural Hazards

Matrix 2: Natural Hazards

Matrix 2: Natural Hazards

Specification of Plan Elements

Data current as of January 2010

SpecifySuggestNeither

Planning Required or Permissive

Data current as of January 2010

All Required

Some Required

Permissive

Internal Consistency

Data current as of January 2010

Require

Don't Require

Vertical and Horizontal Consistency

Data current as of January 2010

Vertical OnlyHorizontal

OnlyBoth

Neither

Natural Hazards Element

Data current as of January 2010

Require

Don't Require

Other Considerations

• Technical assistance:– Most states provide some type of general technical

assistance for planning from some state agency– Fifteen specifically provide technical assistance

focused on natural hazards for local planning – This would appear to be an area for potential

improvement in states averse to mandatory planning

Other Considerations

• Planning for post-disaster recovery:– At this point only in Florida and South Carolina– Elsewhere, some jurisdictions prepare recovery plans

in the absence of state mandates (e.g., Nags Head, NC, or Hilton Head Island, SC)

– This is an area for potential improvement in states that already require safety or natural hazards elements

State Land Use Planning Laws

Report is Internet-based on the IBHS website:

http://www.disastersafety.org/publications/view.asp?id=8021

Website report includes:– Maps shown in this presentation (PDF)– Both matrices of state land-use legislation (PDF)– Keycode explaining details of state laws– Introduction and acknowledgments

More Information…

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