Planning for Biodiversity: Sources of Authority in State Land Use Laws
By Linda Breggin and Susan George
INTRODUCTION
State and local land use decisions have a critical effect on plants, animals, and other living resources. This article is the first to examine the land use planning enabling and growth management laws in each of the fifty states and to identify provisions that may provide authority to land use regulators to consider biodiversity protection in making decisions. “Biodiversity” is “the variability among living organisms on the earth, including the variability within and between species and within and between ecosystems.” The article identifies a wide range of currently underutilized and potentially powerful sources of authority related to biodiversity protection, including planning requirements for natural resources, open space, wildlife habitat, and critical and sensitive areas. Some of the provisions grant state governments authority to advance biodiversity protection, while others focus on the authority given to local governments.
Part II provides information on the importance of biodiversity and the causes of biodiversity loss. Part III describes the two types of laws that are examined in this article, state land use planning enabling laws and state growth management laws, and the aspects of these laws that relate to biodiversity protection. Part IV defines the scope of this article and its methodology. Part V discusses the research findings regarding land use planning enabling laws. Part VI discusses the research findings regarding growth management laws.
State and local land use decisions have a critical effect on plants, animals, and other living resources. This article is the first to examine the land use planning enabling and growth management laws in each of the fifty states and to identify provisions that may provide authority to land use regulators to consider biodiversity protection in making decisions. “Biodiversity” is “the variability among living organisms on the earth, including the variability within and between species and within and between ecosystems.” The article identifies a wide range of currently underutilized and potentially powerful sources of authority related to biodiversity protection, including planning requirements for natural resources, open space, wildlife habitat, and critical and sensitive areas. Some of the provisions grant state governments authority to advance biodiversity protection, while others focus on the authority given to local governments.
Part II provides information on the importance of biodiversity and the causes of biodiversity loss. Part III describes the two types of laws that are examined in this article, state land use planning enabling laws and state growth management laws, and the aspects of these laws that relate to biodiversity protection. Part IV defines the scope of this article and its methodology. Part V discusses the research findings regarding land use planning enabling laws. Part VI discusses the research findings regarding growth management laws.