December 1998

By James Lawlor

Utah: Focus on growth control. There is nothing like an impending election to focus politicians' minds. That was the case in Utah just before the November election, reports chapter legislative chair Wilf Sommerkorn. He notes that the ink was barely dry on a Democratic proposal for open space legislation when a group of moderate Republican legislators led by Rep. Kevin Garn of Layton, with the support of Gov. Mike Levitt, unveiled the "Quality Growth Act of 1999."

The act lays out eight "principles of quality growth" and a seven-point program for implementing them. State government agencies would be required to comply, but compliance would be voluntary for cities and counties.

The principles call for encouraging the conservation of critical lands (farmland, watersheds, and recreation areas); encouraging the redevelopment of brownfield sites; and eliminating barriers to affordable housing. A state funding mechanism would be created to preserve critical sites.

In addition, the act would establish targeted quality growth areas and offer incentives for development in those areas; provide funding for planning; and create a quality growth commission to oversee implementation—and to ensure that private property rights are respected.

The measure is by no means assured of passage. Members of the legislature's conservative caucus, most of them from the southern part of the state, have served notice that they view the plan as simply another form of government interference in local affairs. Rep. Bill Hickman of St. George, a leader of the caucus, has announced that he will run against Garn for the position of house majority leader.

According to Sommerkorn, the chapter was concerned initially because the bill was crafted without consulting with local governments. He says chapter members hope for an opportunity to comment as the draft bill is fleshed out.

New Mexico: Policy guides adopted. Legislative committee chair Lora Lucero, aicp, reports that the membership adopted four new policy guides at the October annual meeting. The guides articulate the chapter's positions on growth management and planning legislation, water planning, infrastructure financing, and affordable housing.

The growth management guide urges the legislature to revise the state's enabling statutes in order to ensure adequate funding for planning, eliminate inconsistencies in planning laws, establish a streamlined review process, and require that public facilities be phased in with new development.

The water planning guide urges that state agencies with responsibility for water be merged into a new natural resources department, that local comprehensive plans include a water or natural resources element, and that the existence of diverse cultural traditions in regard to water use be recognized.

The policy on infrastructure financing notes that legislation passed in 1993 allows development fees to cover only costs associated with infrastructure serving a particular development. The guide recommends that the state increase funding for maintaining existing infrastructure and for stricter environmental controls.

Finally, the housing guide recommends policies to alleviate the state's shortage of affordable housing. Among the suggestions: minimum density requirements and a ban on single-family construction in multifamily zones.

North Carolina: Good news. The session that adjourned September 29 was a good one for the planning community, says chapter legislative representative David Knight. On July 15, Gov. James Hunt signed S.B. 452, which allows local governments to control adult businesses through zoning, licensing, and enforcement of nuisance laws.

Planners were also pleased with an amendment to S.B. 1242, which permits the state to lease property for cellular communications towers. The house amended the measure to make it clear that local ordinances, including zoning regulations, apply to such leases. The bill also requires the state to encourage antennas to be colocated and clustered. The bill was approved by the governor September 25.

The legislature also approved the $13.4 million in transportation funding proposed by the governor. The amount is divided equally between transit and rail funding. Legislation to reform the state Board of Transportation, H.B. 1304, was signed October 10. Among other things, it tightens conflict-of-interest rules for board members and requires that political contributions be disclosed.