The links below track urban sprawl and smart growth legislation
across the states. Please note that SERC does not endorse every
aspect of each statute, but rather offers these as a clearinghouse
for your informational use.
Arizona
HB
2361 (1998) requires counties and cities to adopt plans that
outline long-term uses of land. It makes local governments accountable
for development decisions by requiring that any rezoning of land
to accommodate growth must conform to local plans.
HCR
2027 proposes a referendum to appropriate $220 million from
the state general fund over 11 years to purchase state trust lands
for open space. The referendum also requires local governments
and nonprofit groups using state grants to purchase trust lands
in order to provide a 50-50 match with the state so that the amount
of land purchased is doubled.
Connecticut
HB
6640 was introduced and amended in the 2003 session, amending
Section 8-23 of the Connecticut general statues. The bill would
establish a state-wide “smart growth” policy which
would require:
- State,
regional, and local planning bodies to “identify areas
where it is feasible and prudent (1) to have compact, transit
accessible, pedestrian-oriented mixed use development patterns
and land reuse, and (2) to promote such patterns and reuse.”
Their respective land use plans must identify these areas and
promote their development or reuse based on this principle.
- Reports on the progress being made toward achieving state
planning goals; procedures for determining consistency between
the local, regional, and state plans are specified.
- The state to designate Priority Funding Areas (PFAs). It would
require state agencies to target development assistance in these
areas based on the bill’s criteria, which award points
based on a project’s location and the extent to which
it addresses specific planning goals.
- The Office of Policy and Management (OPM) to encourage and
assist towns to complete build-out analyses, which are projections
of how towns will develop under their current land use regulations.
- The Transportation Strategy Board to study how the state should
designate metropolitan planning organizations.
Louisiana
HB1432
(2003) enacts the Louisiana Purchase Commemorative Act to encourage
the acquisition of land by public entities in an effort to set
aside green space which can be preserved as the state develops.
Maryland
SB
389 (1997) creates Priority Funding Areas where economic development
needs to be encouraged, and reduces the need to develop existing
greenfields. The Priority Funding Areas, many of which are urban,
receive greater state funding for infrastructure projects, economic
development programs, housing programs, and other related projects.
SB
388 (1997) is known as the Rural Legacy Legislation and reallocates
state funds to purchase agricultural, forest, and natural areas
subject to development pressure. The program is funded with General
Obligation Bonds.
SB
229 (1997) introduces a job creation tax credit, which is
designed to encourage mid-sized and smaller businesses to invest
in Priority Funding Areas. It provides income tax credits to business
owners who create at least 25 jobs in the Priority Funding Areas.
Massachusetts
SB 2319 includes the Livable Communities Act, Massachusetts’
“smart growth” bill, as part of a $919 million environmental
bond bill. The Act requires state agencies to coordinate their
planning, environmental activities, and construction projects.
It also rewards participation in regional planning, while discouraging
growth in environmentally sensitive areas. The bill promotes local,
regional, and state participation in sustainable development planning
by providing funding and grant incentives to towns that comply
with legislation.
New Jersey
SCR
66 (1998) proposes a constitutional amendment to annually
dedicate $98 million from the state sales tax over 10 years to
purchase lands for recreation and conservation purposes, farmland,
and historic areas. The amendment would also set aside $98 million
annually for 20 years to repay up to $1 billion in bonds issued
to finance open space.
SB
2502 (2003) creates the Smart Growth Tax Credit Act which
provides a corporation business tax credit and a gross income
tax credit for certain smart growth developments.
New York
A8651
(2003) establishes the State Smart Growth Public Infrastructure
Policy Act. This act would require certain state agencies (including
the Department of Transportation, the Department of Education,
the New York State Housing Finance Agency, the Housing Trust Fund
Corporation, the Environmental Facilities Corporation, the Dormitory
Authority and the New York State Urban Development Corporation)
to fund infrastructure in a manner that is consistent with smart
growth principles. These agencies would give funding priority
for development to existing infrastructure and projects that are
consistent with local governments’ plans. The Act would
also provide that these agencies establish a smart growth advisory
committee. In addition, the bill provides for an infrastructure
appeal board that would consider requests for variances from the
requirements of this bill.
Oregon
SB
100 was passed in 1973 creating the Land Conservation and
Development Commission (LCDC) which was directed to establish
new statewide planning goals and guidelines. The bill also gave
the LCDC the task of coordinating efforts between state and local
planning agencies and fostering citizen involvement in the planning
process. Goal
14, one of the Oregon’s statewide planning goals, mandated
the creation of Urban Growth Boundaries (UGBs) around the state’s
cities.
Utah
HB
119 (1999), the Quality Growth Act, establishes a quality
growth commission and critical land conservation fund, and establishes
a state building energy efficiency program.
Washington
HB
2136 (2003) provides for rural economic viability, in the
face of intense pressure from sprawl, by designating areas for
intensive rural development. The bill’s rural element clause
also provides for forestry and agriculture to be designated in
the comprehensive plan cities and counties are required to submit.
Wisconsin
In 1999, the Wisconsin legislature passed Act
9, more commonly known as Wisconsin’s Smart Growth Law.
The law requires that all local governments have a comprehensive
plan before January 1, 2010 and allows local governments to apply
for grants to aid the process. Legislation was introduced in 2000
(AB 872) and in 2001 (Act
16) that made adjustments to the original law. |