Go to "Suburban Sprawl" Policy Issues Package
ISSUE: SMART GROWTH

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.


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