Land Use Controls Where are we now Brownfields

Land Use Controls Where are we now? Brownfields 2003 Conference Portland, Oregon October 26 th, 2003

What Is ICMA? • Association of over 8, 000 local government managers and their staff • Mission: enhance the profession of local government management • Services include: - Education & training - Research on cutting-edge issues - Information clearinghouse

Preview • Set the Stage – Where are we today? – Where do we go tomorrow? • Building the capacity of local govts. – Land use decision making – Information infrastructure – Life cycle costing and financing

ICMA’s Research & TA Resources • Research Forums (20012002) – San Diego: LUC information infrastructure – San Antonio: local government costs – National Stakeholders Forum on Federal sites • LUCIP—Denver and Colorado (2003) • www. LUCs. org – Virtual encyclopedia of resources and information – BFs, military bases, and SF sites • Publications: – Beyond Fences (2000) – Peer Exhange (2003) – Tracking (2003)

Gap Analysis • Identify major gaps or issues in LUC design, selection, implementation, and enforcement • Work with practitioners and policymakers to close the gaps and address the issues • Think about the LUC challenges on the horizon

What is a Land Use Control? Administrative and/or legal mechanisms that minimize the potential exposure/risk to human health and the environment from the remaining contamination left on site

Basic Assumptions • Terminology: LUCs vs. ICs vs. AUL • LUCs integrate public health, land use, and economic revitalization • LUCs are appropriate and properly in place • Variety of sites (BFs, SF, DOE, active & closed military bases, etc. ) and laws/regulations. • Variety of institutional understanding and capacity

Overall Observations • High degree of complexity • No single entity or institution can provide a 100% fail safe system • Making progress on LUC policy front • Different LUC models/systems

LUC Models & Tools • Public: – – State VCPs: covenants, easements, MOUs State and local registries and tracking systems LUCIPs Local land development systems • Private: – One call utility notification systems – Guardian trust – Environmental insurance • Hybrids: coordination among multiple systems

State and Local Research Results • Actions re land happen at the local level: new development, property transfer, first to get the call. • Leverage existing state and local govt. infrastructure and respective strengths • Local governments in ideal position to facilitate long term stewardship • Close coordination with state regulators

Core Local Govt. Strengths • Local Land use: improve the adaptability of state and local land development/zoning practices to LUCs • Info infrastructure: improve the data management and permitting systems of state and local governments to track LUCs

Core Local Govt. Strengths • Life cycle costs: improve the identification of local govt. life cycle costs for LUC selection, implementation, and enforcement • Enforcement: outline and enhance the role of local government

Information Infrastructure Forum • Goal: provide notice to affected stakeholders as early as possible to prevent/manage unreasonable risk of exposure to soil and GW contamination • • Who should get the information? When should they get the information What type of information should they get? How to manage and disseminate the information?

A Network of Systems • Local land use tracking and permitting systems • Local inventories • County recordation • State inventories & LUC tracking • Federal inventories & LUC tracking • Private sector strategies: trusts and One-Call utility notification systems

System Design and Management • Uniformity of information • Compatibility of systems: standardization, protocols, links, etc. • Ease of access and security • Costs and financing info infrastructure • Outline core city responsibilities

Next Steps • • • Collaborative design & planning: LUCIPs Coordination of state and local LUC data systems Reach out to new stakeholders Capacity building, training, and education Explore creative approaches to implement and enforce LUCs • Financing of LUC administration • Comparative life cycle cost analysis of LUCs

Contact Information • Joe Schilling, Director of Community & Economic Development Jschilling@icma. org • David Borak, LUC Project Manager • Dborak@icma. org • www. LUCs. org