local powers for land use regulation. local land use powers land use regulation is considered a...
TRANSCRIPT
Local Powers for Land Use Regulation
Local Land Use Powers
• Land use regulation is considered a residual power– In most circumstances, that is…
– Power enacted through state statute
– Statutes must be consistent with federal and state constitutions
– States delegate powers to localities (counties, cities, towns)
• Regulatory power may be mandatory
• Regulatory power may be voluntary
Local Land Use Powers
• Local gov’t receives power through state statutes– The power is to create and enforce local ordinances
– Ordinances must meet or exceed existing laws, providing measures are constitutional
– Localities only have the powers granted to them by statute
• Again, Home Rule vs. Dillon’s Rule
Local Land Use Powers
• In North Carolina– Comes primarily from
• Section 160A (cities and towns) of the state statutes
• Section 153A (counties) of the state statutes
– Other areas also addressed in statutes
• Transportation
• Community & economic development
• Natural resource protection
• State & regional planning agencies
Local Land Use Powers
• Spatial Extent of Planning Powers– Counties
• Within boundaries of counties
• Within town and city boundaries with permission
– Cities
• Within corporate limits
• Within extra-territorial jurisdiction (“ETJ”)
Extraterritorial Jurisdiction
Extraterritorial Jurisdiction
Local Land Use Powers
• Extra-Territorial Jurisdiction– The extension of land use regulation powers outside the
corporate limits of a city or town
– May extend only into county land
– No other powers (or responsibilities) are allowed
– Residents of ETJ
• Still county residents
• Still county voters & taxpayers (no city/town obligations)
• Maintain a voice on city/town planning & zoning boards
Local Land Use Powers
• Increased demand for roads, water, sewer, utilities, schools, and various other services necessary to support development
• Fiscal implications for cities, counties, and landowners
• Environmental impacts, ranging from the effects of stormwater runoff on water quality to changes in air quality due to increased automobile use
• Implications for farmland preservation
• Dramatic changes in the social and cultural character of affected areas
Local Land Use Powers
• ETJ– Size affected by size of city
• < 10,000 = 1 mile limit
• 10,000 – 25,000 = 2 mile limit
• > 25,000 = 3 mile limit
– Determined primarily by growth trajectory
• Precursor to annexation
• Laying the groundwork for land use activity in areas likely to be annexed
Local Land Use Powers
Local Land Use Powers
Local Land Use Powers
• ETJ requirements– Adopt an ordinance
• Boundary description
• Notification
• Get agreement from County (if ETJ > 1 mile)
– File boundary map
– Amend city/town zoning ordinance
– Appoint ETJ members
Land Use Decision Making
• Legislative• Administrative• Advisory• Quasi-Judicial
Land Use Decision Making
• Legislative Decisions– Affect entire community
– Decisions on ordinance
• Adoption, amendment, repeal
– Statutes mandate maximum public notice & opportunity for involvement
– Decisions are made by elected body
• Town/City council
• County commissioners
Land Use Decision Making
• Administrative Decisions– Made primarily by planning staff
• Planners, zoning officers
– Administers the ordinances enacted by legislative body
– Enforces ordinances enacted by legislative body
– Has very little discretion in carrying out duties
Land Use Decision Making
• Advisory Decisions– Planning Staff, Planning Commission
– Provides input to other decision making bodies
– Advice can be followed, amended or ignored
– Planning Staff
• Planning commission, Board of Adjustment
– Planning Commission
• Board of Adjustment, City Council
Land Use Decision Making
• Quasi-Judicial Decisions– Usually Board of Adjustment (BOA)
• Although, sometimes it may be planning commission or legislative body
– BOA interprets ordinance given issue in front of it
• Special & Conditional Use permits
• Variances
• Appeals of administrative decisions
– Rules of evidence & procedure apply
– Decisions must be public
– Decisions can be appealed only to Superior Court