Abstract
The variability of conditions that characterize karst terrain presents unique regulatory issues for local governments in the USA. Under our federalist system of governance, states hold the lion’s share of authority to regulate. However, states have not generally regulated karst, leaving the local governments to address karst issues through land use regulation. The standard land use tools fail to properly address the variability of karst conditions, however. Properly regulating karst likely entails a case-by-case approach, frowned upon by the law. Local governments rely mainly on buffer areas, performance standards, and required geophysical investigations to regulate karst areas. While buffer areas form a familiar type of regulation that will be upheld by the courts, the tool fails to take into the reality of karst. Performance standards meet legal requirements and can properly conserve karst areas but are difficult to draft. While required geophysical investigations respect the science of karst and effectively provide protection, the tool will likely fail legal challenges. Non-regulatory approaches can complement regulations or replace regulations in some areas. Conservation easements, purchase of development rights programs, low impact development, and conservation subdivision design are major non-regulatory approaches to address karst concerns. All of these tools can be effectively employed in karst, but their voluntary nature limits the scope of implementation. By combining modified land use tools and non-regulatory approaches, local governments can better address karst issues, but new models will need to be created to fully address karst concerns. For the present, local governments can use overlay zones, conditional use permits, and performance standards to address karst concerns. Ideally, however, state governments must step in, utilizing their broad regulatory authority to protect karst resources. Puerto Rico’s statutory protections provide a good example for other states, but more resources are required to implement the provisions in Puerto Rico and across the country. Education of key stakeholders can build support for karst protection and encourage more resources for implementation.
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The US Department of Commerce formulated the Standard State Zoning Enabling Act in 1926 to give state legislatures a model to develop enabling authority for localities. Most states adopted variations of the Act, and state statutes today generally retain many aspects of the Act.
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See. e.g., DeCoals, INc. v. Board of Zoning Appeals of City of Westover, 284 S.E.2d 856 (1981).
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References
Blackwell, R.J. 1989. Overlay zoning, performance standards and environmental protection after Nollan. Boston College Environmental Law Review 16: 615–659.
Coffman, L.S. 2003. Low impact development. Westchester County Business Journal, P. A1. January 20, 2003.
Haines, A. 2002. An innovative tool for managing rural residential development: A look at conservation subdivisions. The Land Use Tracker, Vol. 2, Issue 1 (Summer 2002), 8 pp. https://www.researchgate.net/publication/237496102_An_Innovative_Tool_for_Managing_Rural_Residential_Development_A_Look_at_Conservation_Subdivisions.
Holman, M.S. 1972. Zoning amendments-the product of judicial or quasi-judicial action. 33 Ohio State Law Journal 33: 130–143.
Kemmerly, P. 1981. The need for recognition and implementation of a sinkhole-floodplain hazard designation in urban karst terrains”. Environmental Geology, New York 1981: 281–292.
Newton, J.G. 1984. Review of induced sinkhole development. In Sinkholes: Their geology, engineering and environmental impact, ed. B.F. Beck, 3–10. Rotterdam: A.A. Balkema.
Ohm, B. 2000. An ordinance for conservation subdivision. https://urpl.wisc.edu/sites/urpl.wisc.edu/files/people/ohm/consub.pdf.
Panno, S.V., C.P. Weibel, L.G. Krapac, and E.C. Storment. 1997. Bacterial contamination of groundwater from private septic systems in Illinois’ sinkhole plain: Regulatory considerations. In The engineering geology and hydrogeology of Karst Terranes, ed. B.F. Beck, and J.B. Stephenson, 443–447. Rotterdam: A.A. Balkema.
Rathkopf, A.H., D.A. Rathkopf, and E.H. Zigler, Jr. 2016. The law of zoning and planning (4th Ed.).
Richardson Jr., J.J. 2003. Local regulation of karst in the United States. In Sinkholes and the engineering and environmental impacts of karst, ed. B.F. Beck, 493–501. New York: American Society of Civil Engineers.
Richardson Jr., J.J. 2005. Judge Dillon and karst: limitations on local regulation of karst hazards. In Sinkholes and the engineering and environmental impacts of karst, ed. B.F. Beck, 529–540. New York: American Society of Civil Engineers.
Richardson Jr., J.J., and T. Brown. 2005. Non-regulatory approaches to development on karst. In Sinkholes and the engineering and environmental impacts of karst, ed. B.F. Beck, 513–519. New York: American Society of Civil Engineers.
Richardson Jr., J.J., R.M. Chandler, and D. Zahm. 2001. A reality check on smart rowth in Virginia”. Virginia Issues and Answers, Fall 2001: 28–31.
Salkin, P. (Ed.). 2016. American law of zoning (2016).
Smith, T.W., and B. Vance. 1997. Greene County, Missouri’s sinkhole regulations. The Engineering Geology and Hydrogeology of Karst Terranes, ed. Beck, B.F., and Stephenson, J.B., 457–461. Rotterdam: A.A. Balkema.
United States Department of Commerce. 1926. A Standard State Zoning Enabling Act (1926), 13, Washington D.C.
Cases Cited
Cooper v. Board of County Com’rs of Ada County, 101 Idaho 407, 614 P.2d 947, 950–951 (1980).
Kaufman v. Planning & Zoning Commission of City of Fairmont, 171 W.Va. 174, 298 S.E.2d 148(1982).
Ward v. Village of Skokie, 26 Ill. 2d 415, 186 N.E.2d 529,533 (1962).
Statutes Cited
12 L.P.R.A. §§ 1143, et. seq. (Protection and Preservation of Caves, Caverns and Sinkholes; 12 L.P.R.A. §§ 1151, et. seq. (Protection and Preservation of Puerto Rico’s Karst Region.
16 U.S.C.A. §§141, et. seq.
16 U.S.C.A. §§1531, et. seq.
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Richardson, J.J. (2018). Fitting Regulatory Square Pegs into Round Holes: Local Land Use Regulation in Karst Terrain. In: White, W., Herman, J., Herman, E., Rutigliano, M. (eds) Karst Groundwater Contamination and Public Health. Advances in Karst Science. Springer, Cham. https://doi.org/10.1007/978-3-319-51070-5_29
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