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IBHS has created a PowerPoint presentation about the new 2009 Summary of State Land Use Planning Laws, complete with speaker notes, color-coded maps, and other documents that outline which states require plans, which states specify elements that should be included in a plan, and which plans require a natural hazards element.Please feel free to share this message and/or information with colleagues who may find information about state land use planning laws useful.
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Prepared by:
Jim Schwab, AICPManager, APA Hazards Planning Research Center
Senior Research AssociateAmerican Planning Association
and
Institute for Business & Home Safety
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
Institute for Business & Home Safety
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
