July 2000

By James Lawlor

New Jersey: Consistency. The chapter has declared its support for A-861, a bill that would amend the Municipal Land Use Law to require that local plans be consistent with the New Jersey State Development and Redevelopment Plan. The measure would also require municipalities to consider the state plan when creating or amending their land-use plans, utilities service plans, or conservation elements of their master plans.

Legislative committee chair James Girvan, AICP, says the chapter supports the regional planning principles that the bill advances. However, the chapter would like to see the legislation broadened to require all local plan elements to conform to the state plan, not just those identified in the bill. Also, state departments, agencies, and commissions; counties; and school districts should be required to demonstrate how their plans comply with the state plan.

The chapter opposes S-114, legislation that would bar state agencies from using the state plan as a basis for issuing state permits or approvals, or for awarding state aid. The state plan was originally intended as an advisory document, but state agencies often make it a factor in the decision-making process, Girvan says. The chapter contends that the agencies should actually be required to use the state plan in preparing other plans and in making agency decisions. Both of these bills are presently in committee.

The chapter also supports A-1180, which would modify the requirements for obtaining a professional planner's license. The measure would make AICP or state licensing authorities responsible for defining professional planning experience. It would also require graduates in fields other than professional planning to have at least four years of full-time planning to qualify for a license. The chapter opposes a bill, S-1013, that would exempt from licensing public employees who practice planning as part of their job.

Colorado: Initiative campaign. Disappointed with the legislature's failure to enact meaningful smart growth legislation, a coalition of environmental organizations calling itself "Coloradans for Responsible Growth" launched a petition drive May 24 to get a responsible growth initiative on the November ballot. The group has until August 7 to collect 62,438 valid signatures.

The initiative has the chapter's "qualified support," says legislative committee cochair Jean Hagen. There is concern, she notes, because it would require voter approval of proposed growth areas, which would be designated by local governments.

Florida: Two down. It was close, but neither of the two growth management bills being considered in the last session survived. The house passed an omnibus bill, H.B. 2235, while the senate substituted its own version, S. 758, which passed in April. The senate bill would have created a Grow Smarter Florida Study Commission, but it omitted the catch-all provisions of the house bill. The measure died when time ran out before the house could take it up.

Legislation that would have returned riparian land along streams and lakes to the control of abutting owners also failed. The legislature did establish a statewide building permit approval process, but permitted stiffer wind damage standards for South Florida.

Maine: Growth bills pass. Kathy Fuller, AICP, Maine state director for the Northern New England Chapter, reports that two smart growth bills passed the legislature and were signed by the governor this spring.

LD 2600 encourages the state to use capital investments to promote smart growth. Among other things, it establishes the Maine Downtown Center in the Department of Economic and Community Development, to encourage investment in existing communities. It also requires municipalities to direct school construction to designated growth areas and authorizes the Maine Municipal Bond Bank to fund downtown improvements. The bill also requires the state planning office to aid municipalities in developing model land-use ordinances and directs the Department of Public Safety to study revisions of building codes to encourage reuse of existing buildings.

LD 2550 restricts access to state highways from abutting lots to one per lot, except in compact municipalities.

Connecticut: Affordable housing. Legislation modifying the state's affordable housing appeals act passed the senate May 3 and was signed by Gov. John Rowland May 19. The enrolled version of the bill is substantially similar to the house-passed version, discussed last month, but it adds a provision that allows property owners to put affordable housing deed restrictions on single-family houses and owner-occupied multifamily residences. The provision would make the owners eligible for local property tax credits.

Another bill the chapter was interested in passed the house in April but never made it to the senate floor, despite favorable committee reports. H.B. 5168 would have required conservation and development plans to be ratified by a towns legislative body.

Ohio: Open space bonds. The house unanimously passed HJR 15, which would amend the state constitution to authorize a $400 million bond issue for open space and farmland preservation and brownfield cleanup. The bond issue, pushed by Gov. Robert Taft, is now assured a place on the November ballot.