12/02/2009

Best practices in state growth management: Lessons from Oregon and Maryland

Gerrit-Jan KnaapProfessor and DirectorNational Center for Smart Growth Research and EducationUniversity of Maryland

Presented to North Carolina Growth Task Force

Raleigh, NC

Dec. 2, 2009

Key Features of State Land Use Policy

Structure of Land Use GovernanceStructure of Local Public FinancePattern of State Spending

Oliver Williamson

Institutions of Land Use Governance in Oregon

Land Conservation and Development CommissionDepartment of Land Conservation and DevelopmentLand Use Board of Appeals240 Municipalities36 CountiesMetro

Key Elements of Oregon Land Use Program

Mandatory Local Land Use PlanningState “Acknowledgement”Urban Growth BoundariesExclusive Farm and Forest Use ZoningRequired Housing ElementTransportation-Land Use Rule

Statewide Planning Goals

1. Citizen Involvement2. Land Use Planning3. Agricultural Lands4. Forest Lands5. Open Spaces, Scenic and Historical Areas,

and Natural Resources6. Air, Water, and Land Resources

Statewide Planning Goals (Cont)

7. Natural Hazards8. Recreation needs9. Economy of the state10. Housing11. Public Facilities and services12. Transportation13. Energy

Statewide Planning Goals (Cont)

14. Urbanization15. Willamette Greenway16. Estuarine Resource17. Coastal Shorelands18. Beaches and Dunes19. Ocean Resources

Key Policy Instrument: Urban Growth Boundaries

Established by local governments, approved by LCDCRequired element of comprehensive plansMust contain 20-year supply of land for housing and employmentMust be reviewed every 5-7 yearsAlways contain 13-20-year supplyDevelopment restricted outside UGBGrowth managed within UGB

Smart GrowthIn

Maryland

Institutions of Land Use Governance in Maryland

Maryland Department of PlanningOffice of Smart GrowthSmart Growth Cabinet23 Counties157 Municipalities

12 visions

1. Quality of Life and Sustainability2. Public Participation3. Growth Areas4. Community Design5. Infrastructure6. Transportation

12 visions

7. Housing8. Economic Development9. Environmental Protection10. Resource Conservation11. Stewardship12. Implementation

Elements of Maryland’s1997 Smart Growth Initiative

Priority Funding AreasRural LegacyBrownfield RedevelopmentLive-Near-Your-WorkJob-Creation Tax Credit

IncentiveBased

–Not

Regulatory

Priority Funding Areas

Limiting most state infrastructure funding related to development to

– Municipalities;– Baltimore City;– Areas inside the Baltimore and Washington beltways;– Neighborhoods for revitalization (Designated by HUD);– Enterprise Zones;– Heritage Areas; and– Areas designated by state and local governments for

growth based on zoned density and sewer service areas.

Rural Legacy

A grant program to create greenbelts to protect large rural areas from sprawl through the purchase of easements and development rights.Local governments and private land trusts can identify RLAs and competitively apply for funds to complement existing or new conservation efforts.For FY 1998 through 2002: $71.3 million.

Oregon v. Maryland

Mandatory planningState acknowledgementUrban growth bound.EFU zoningTransportation ruleMetropolitan housing ruleMetro, and others

Mandatory PlanningState commentPriority funding areasRural legacyLive near your workBrownfield redevelopmentCounties, and others

Developed Land Per Person

0

0.0001

0.0002

0.0003

0.0004

0.0005

0.0006

0.0007

0.0008

Florida Maryland New Oregon Colorado Indiana Texas Virginia

Dev

elop

ed L

and

(in s

quar

e m

iles)

/Pop

ulat

ion

1982198719921997

Growth Management States: Non-Growth Management States:

Percentage of Population Growth By CategoryMARYLAND

Urban11%

New Urban50%

Always Rural39%

Percentage of Population Growth By Category OREGON

Urban48%

New Urban19%

Always Rural33%

Percentage of Population Growth By CategoryVIRGINIA

Urban 17%

New Urban35%

Always Rural48%

Urban

New Urban

Always Rural

Five Challenges for Maryland

Pragmatic Balance– Bias against infill and redevelopment

Urban Containment– PFAs are inherently weak tools

Infrastructure Finance– Little financial support for development within growth

areas;Land Conservation

– Fragmented and unsupported by local zoning;Statutory Framework

– Not integrated with existing planning statutes.

New Regime; New Direction; New Priorities.

Smart, Green, and Growing, 2009

New “visions”Smart Growth Indicators– Inc. APFOs, PFA goals

Terrapin Run (consistency) – Plan commission training

Transit Oriented DevelopmentTask Force Continuation

Administrative Actions

BayStatStateStatGreenPrintAgPrintGrowthPrintBRAC zonesState Development Plan

SixIdeas for Reform

Improve local comprehensive planning process;Revisit the concept of Priority Funding Areas and “growth areas;”Make land preservation efforts contingent on supportive zoning;Create an infrastructure financing fund and link capital spending with APFOs;Integrate Smart Growth policy with local planning law; and,Set goals and establish methods to measure progress.

What about North Carolina?

Build on CAMA;Enhance state planning capacityCoordinate state spending and investmentsIncrease technical assistance to local governmentsMandate local planning and zoningEstablish priority funding areas or urban growth boundariesEstablish research center at UNC

The National Center for Smart GrowthResearch and Education

Suite 1112, Preinkert Field HouseCollege Park, Maryland 20742

301.405.6788

www.smartgrowth.umd.edu