October 1998

By James Lawlor

New Hampshire: Studying sprawl. In May, reports Mark Fougere, AICP, the Northern New England chapter's New Hampshire director, the legislature established a committee to study ways of managing land use to reduce urban sprawl and protect the state's rural character. The six-member panel--three house members and three from the senate--must report its findings to the legislature and governor by November 1.

In its statement of purpose, HB 1238 (Ch. 197) takes note of the sprawling, low-density development that has disrupted the traditional character of New Hampshire communities and contributed to the loss of "a sense of place." Concentrating development in villages, towns, and urban centers makes it easier and cheaper to provide municipal services, the statement adds.

Peter Lowitt, president of the New Hampshire Planners Association, an independent affiliate of APA, says the committee has been meeting weekly with planners, real estate interests, and home builders, but it is not yet clear what shape the committee's recommendations will take.

Another interesting piece of legislation (SB 415, Ch. 218) allows zoning boards of adjustment to grant temporary variances without a finding of hardship to property owners who can prove that the variance is necessary to accommodate someone with a physical disability.

Iowa: Another commission. Iowa's version of a special legislative land-use commission held a series of town meetings across the state during the months of July, August, and September. Areas of particular interest, according to the legislature's 1997 charge to the commission, include farmland preservation, annexation, land condemnation, and county zoning.

Chapter president Susan Cosner represents APA on the commission, which is composed of four legislators and 17 citizen members. Seven subcommissions have been set up to study specific issues. The full commission will consider their recommendations along with comments from the town meetings this month. It will issue its final report to the legislature in January.

New York: Barnyard disclosure. The ongoing effort of the legislatively established Commission on Rural Resources to reform the state's land-use laws continued this year with the passage of two new laws, reports Peter Van de Water. Van de Water represents APA's New York Metro chapter on the commission's land-use advisory committee.

S. 6275/A. 9443 is an effort to cut down on nuisance complaints from nonagricultural landowners. It requires sellers of land in agricultural districts to notify prospective buyers of the zoning and to inform them that farm activities generate noise, dust, and odors. The disclosure must be made at the time a sales contract is presented. A similar requirement has been on the books since 1992, Van de Water notes, but it did not require notice until the sale closed, too late to do any good.

The second new law, S. 899-C/A. 1644-C, permits municipalities to appoint alternate members to planning and appeals boards. The aim, says Van de Water, is to cut the number of times when boards cannot act because members have potential conflicts of interest.

Two bills didn't make it, one that would have authorized villages and towns to enforce zoning code violations as civil, rather than criminal matters, and one that would have allowed municipalities to resolve disputes through mediation.

The advisory committee's plans for the next session include helping to draft bills to formalize planned-use development procedures and to expand review requirements for projects near the New York State Canal System.

California: The home front. Legislative representative Sande George reports that AB 2065, which would bar local licensing fees from certain classes of home occupations--creative artists, writers, musicians, and directors--is still alive in the senate. The Los Angeles ordinance that sparked the bill is also the subject of a lawsuit charging its provisions violate the First Amendment.

The bill is backed by motion picture and arts groups--but opposed by the chapter on the grounds it discriminates against creative artists who do not work from their homes and opens the door to other small businesses seeking similar exemptions. The measure has passed the assembly and in late August was pending before the senate's Revenue and Taxation Committee.

The chapter also opposes SB 50, a bill that would cap school impact fees and prohibit local governments from considering school capacity in making land-use decisions. This one also passed the assembly and is back in the senate. George says the chapter's objection is based on the fact that the bill as presently constituted does not guarantee funding for schools.