• TRANSPORTATION • WILDERNESS •
                                      o
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    LAND USE

        and

ENVIRONMENTAL

   PROTECTION
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LAND UTILIZATION / METAPLANNING
   U.S. ENVIRONMENTAL PROTECTION AGENCY


   Youth Advisory Board • Washington, D.C. 20460

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                 LAND USE AND
         ENVIRONMENTAL PROTECTION
Physical Resources Management
Waste Disposition
Transportation
Urbanization
Agriculture
Wilderness
Recreation
THE SEVEN
MAJOR LAND USES
       For additional copies write to:

           PUBLIC INQUIRIES
           OFFICE OF PUBLIC AFFAIRS
           U.S.  ENVIRONMENTAL PROTECTION AGENCY
           WASHINGTON, D.G. 20460

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         LAND  USE
              AND
    ENVIRONMENTAL
        PROTECTION
An Overview For Addressing Environmental Problems
Resulting From Land Use Practices In The United States
              REPORT
               to the
  ENVIRONMENTAL PROTECTION AGENCY
  This Report was done under the auspices of the Youth Advisory
  Board, an advisory body to the Administrator of the U. S. En-
  vironmental Protection Agency. The content is advisory in nature
  and does not reflect EPA policy.
                 By the
       NATIONAL YOUTH ADVISORY BOARD

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                    Contents
      Foreword by Russell E. Train, Administrator	   vi

   I.  Introduction 	    1

  II.  The Problem	    4

 III.  Public and Private Attitudes Toward Land Use ....    8

 IV.  Shortcomings of Traditional Land Use Planning  ...   1,0
      Inadequate Consideration of Environmental Factors  .   10
      Failure to Take a Comprehensive Approach	   11
      Inadequate Implementation of Plans	   13

  V.  Rejuvenation of the Planning Process—Metaplanning   14
      Impact Assessment	   14
      Jurisdictional Cooperation	   15
      Functional Integration	   15
      Areawide Residuals Managements: EPA's First Step
         to Metaplanning  	   15

 VI.  Impact and Role  of Governmental Programs and
         Policies on Land Use	   18
      The Impact of the Federal Government on the Land. .   18
      Role of Public Institutions in Land Use	   19

 VII.  The Rationale for EPA Involvement in Land Use ...   22
      Land Use—A Component of Environmental Quality.   22
      EPA's Mandate—To Protect and Enhance Environ-
         mental Quality	   23
      EPA's  Programs  and Policies—Determinants of
         Land Use	   26

VIII.  Limitations on EPA Involvement in Land Use	   28
      EPA's Enabling Legislation	   29
      EPA's  Structure 	7.7		   29
      EPA's Operational Philosophy	   30

 IX.  Recommendations For EPA	   32
      Problem 1, Present Attitudes Toward the Land	   32
      Problem 2,  Not Enough Emphasis Placed on Land
         Use by EPA	   33
      Problem 3, Governmental Land Use Impact	   33
      Problem 4, Shortcomings of Land Use Planning ....   34
      Problem 5, Federal Government's de  facto Land
         Policies . . . -	   35

  X.  Acknowledgements  	   36
                                                       111

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                    FOREWORD

  Land use used to be viewed as a problem of limited  concern.
Today we realize that land use issues lie at the heart of  many  of
the most critical environmental  decisions  facing  the  Nation,
whether they be  air quality  implementation  plans,  decisions on
where to locate large-scale energy facilities, policies for use  in our
public  lands, how best to manage the national parks and forests,
seasonal home subdivisions in the mountains and along the coasts,
or problems of urban encroachment on valuable natural areas.  In
short, land use has developed as one of our most serious  environ-
mental problems.
  There are a number of reasons for this worth mentioning. First,
land use issues are often very  complex and  often call for value
judgments related to acceptable degrees  of development and ac-
ceptable levels  of mitigation of adverse impacts.  The effects  of
land use decisions are widespread throughout the range of environ-
mental concerns, including pollution, crowding, loss of wildlife and
natural cover, and nearly any other issue you can think of; in short,
land use issues require an extraordinary  degree of understanding
of system interrelationships and  ecological balance.
  Second, the job of institution-building for better land use involves
the difficult task  of reforming an existing and complicated struc-
ture of sometimes overlapping  often fragmented decision-making
processes. Developing EPA's  air and water pollution programs and
other areas of environmental concern was somewhat easier because
there were fewer governmental entities to deal with and less diffusion
of institutional commitment to those  programs'  goals. When we
look at land use, however, we  encounter an  often mind-boggling
array of decision bodies, each  with  its  constituency, each  with
its  interests  and requirements  and regulations and sense of  serf-
preservation. That makes change harder to accomplish.
  Finally, the kind of basic  reform in our attitudes  toward  land
use which is required  to meet  the challenge  of development and
preservation pressures in our country today necessitates a reexamina-
tion of some of our most deep-seated values regarding the private
use of land and the public welfare. It  is not  radical to undertake
this revaluation; indeed it is in the American spirit to constantly
question and reform and renew  our institutions to make them more
responsive to changes in public attitudes.
   It was in this spirit  that the  Youth Advisory Board to the En-
vironmental  Protection Agency initiated  this Land Use Survey.
More  than  100 young people  participated in the  project repre-
senting all ten EPA regions.  This publication is the summary  of
ten regional studies, 25 specific case histories and a national over-
 IV

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view of land use. It reflects the thinking of the participants. While
EPA has not formally approved the recommendations put forward
by the Youth Advisory Board, the agency will use this Land Use
Survey as it continues to explore this most serious environmental
problem.
   I hope the study will prove to be useful to others who undertake
similar investigations and  I am personally grateful to  all of those
whose efforts over the last two years made its publication a reality.
                                         RUSSELL E. TRAIN
                                         Administrator


         -*
   The use of land determines environmental quality.

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                INTRODUCTION

  The Environmental Protection Agency commissioned the Na-
tional Youth Advisory Board (NYAB)  to undertake a national
land use study in November 1971 pursuant to a recommendation of
the Board. The approval of the recommendation and the assignment
of the task to the Board reflected the Agency's interest in the re-
lationship between land use and environmental protection and its
interest in exploring an holistic approach as a method of solving
environmental problems.  Over the next two years more than  100
young people from every part of the country were involved in
research and the preparation of the Regional and the National
reports.  The report which follows attempts to take a comprehen-
sive overview of land  use issues in the United States and to bring
the responsibilities and goals of the Environmental  Protection
Agency into the perspective of land use.
   Following Agency approval in November 1971, the NYAB es-
tablished a Land Use Task Force to develop a study  outline.  In
February 1972 the Task Force met in Denver, Colorado,to finalize
the outline  and assign tasks for  the next step.  The Task  Force
continued research during the rest of  the winter and drew plans
for Regional Study Teams  in their regions.  Authorization  was
obtained to assign 40 of the Agency's summer interns to the project
under the direction of a Study Team Leader in each Region  and
the Study Director at Headquarters in Washington.  Task  Force
Members continued to participate as a National Board of Direc-
tors and some of the individuals either worked on the Study Teams
or led  them.
   Upon completion of research investigations at the Regional level,
 the study  groups  submitted Regional Reports accompanied by a
 total of 25 case studies to Headquarters. There an Editorial Board
 was formed under the leadership of the Study Director. The  case
 studies  ranged from  the  examination of land  use problems in-
 herent in urban  development in  New York, Philadelphia,   and
 Marion County, Oregon, to analyzing the role of the States in  land
 use planning and  control in New England, the Midwest and the
 Rocky Mountain  States.  Strong emphasis in research was given
 to the  Federal impact on land use by  the Forest Service, Army
 Corps of Engineers, Bureau of Land Management, Soil Conserva-
 tion  Service, Agricultural Stabilization and Conservation Service,
 and the National Park Service (policies and practices in the Rocky
 Mountain States).  Some critical environmental areas and the de-
 tailed needs for protecting  them  were identified in California,
 Maine,  Georgia, Texas and Louisiana.
   The Headquarters  research staff,  meanwhile,  had investigated
 the relationship between land use and environmental quality  and

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examined  governmental and private  attitudes, policies and  pro-
grams which influence those relationships. The Headquarters team
also examined the potential of land use planning and management
as methods for environmental protection  and problem solving. The
Editorial Board worked through February 1973  compiling infor-
mation, writing and doing additional research for the  National
Report which focused particularly on EPA and recommendations
as to possible involvement in land use for the Agency.
  An EPA Land Use Council, with representatives from the major
program offices gave advice to and received progress reports from
the YAB  Task Force. An Inter-Agency Land Use Task Force,
with representatives  from the Secretary's Offices of several  Fed-
eral Departments,  was established  jointly with the Office of Re-
gional Planning, Department of the Interior, and served a role
similar to that of  the EPA Council.  Members of both  of these
groups served as  resource individuals for those conducting the
research.
   This paper is an  attempt to  summarize, in general terms, the
YAB study.  It outlines  some conclusions and recommendations
in the following areas:
   • Public and private attitudes toward land  and its use,
   • Shortcomings of traditional land use planning,
   • Impact and role of governmental programs and policies  on
     land use, and
   • Relationship  between land use  and environmental quality:
     What it means for EPA.
   A presentation  was made at the end of May to senior agency
officials and  a final  presentation was made  to  the Administrator
 in November 1973.
   As noted on the opening page,  this report does not reflect the
 views  of  the Agency.  Rather it reflects the  best  thinking  scores
 of young people and those whose views influenced them as they
 researched and added to the fund of knowledge most had acquired
 as active  participants for two and often more  years in  the environ-
 mental movement.  Their result is an independent assessment  of
 the situation.  The assets which  they brought to this effort included
 a strong  personal  commitment, a  lively intelligence,  and a fresh
 perspective.  Their shortcomings at the outset were a lack of  ex-
 perience with the day-to-day operations of government. This soon
 changed and the report reflects the experience acquired in dealing
 with EPA and other governmental agencies  at all levels.
   The shortcomings of the past were not  reflected  in  the final
 report. Of primary importance to the  reader is the  focus of  the
 report. The YAB decided upon the development  of an overview.
 Lack of  perspective on land use issues among  those interviewed
 initially represented the chief concern  of those doing the  work.
 Quite early in the project, providing that perspective became  the
 goal of the study.

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  What follows is in many ways an Introduction to the considera-
tion  of the Land Use  Issue. The Studies (including  the  case
studies) formed  the  underpinning for  many of the general  state-
ments made.  As each Regional Study was conducted for a specific
region, however, no attempt has been made to assemble them be-
tween  two covers.
  As of the date of  publication,  several of  the Recommendations
have  been accepted  by the Agency; these  include  developing
greater awareness among Agency personnel of the land use  rami-
fications of their program assignments, the  examination of EPA's
legislative authorities for land use implications.   Additionally, a
senior level group within the Agency has been formed to consider
the Agency's programs  and policies.  The Land  Use Task  Force
has the goal of making proposals for change consonant with land
use considerations.  Finally, publication of  this Report was itself
a recommendation.   Other recommendations are under considera-
tion and may be implemented at some future date.
Each year 130,000 acres of agricultural land are paved over for
highways and airports.

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II.  The  Problem
  Land is being developed and used more intensively and exten-
sively than ever before in the history  of  the United States.  Un-
controlled and unregulated use of land is creating irreversible en-
vironmental degradation in many areas. The extent of land-related
problems is demonstrated by the following data:

  Land-Related Problems in the United States

  •  4 billion tons of sediment  are washed into streams annually as
     a result of land use or misuse.
  •  730,000 acres of agricultural land are annually consumed by
     urban sprawl.
  •  130,000 acres of rural land are annually paved over for air-
     ports and highways.
  •  300,000 acres of rural land are consumed annually for reser-
     voirs and flood control projects.
  •  1,687,288  acres of wildlife habitat have been destroyed by
     surface mining.
  •  281,116 surface acres of  water have  been  adversely affected
     by surface  mining.
  •  3,187,825  acres of land  have been disturbed  by  surface
     mining.
  •  17,197,531 acres of wetlands have been destroyed in seven
     States  alone (45.7 percent of the wetland  area of Arkansas,
     California, Florida, Illinois, Indiana, Iowa, and Missouri).
  •  32 million tons of fertilizer, 235,000 tons of insecticides, and
     90,000 tons of herbicides  are applied annually to the land.
  •  25 million  tons of logging debris are left in  forests every year.
  •  4.1  million acres  of forested wetlands  were cleared  and
     drained for soybean production in the lower Mississippi valley
     and southern Florida from 1950-69.
  •  4 million acres of right-of-way are traversed by over 300,000
     miles of overhead transmission lines.
  •  1 billion (approximately) human equivalents of waste are  pro-
     duced by domestic animals in confined feeding areas.

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   •  1  million  (approximately)  acres  of  forests  are  clear-cut
      annually.
   •  4 billion tons of raw materials are consumed annually in U.S.
      production, most of which are eventually disposed of as waste
      on the land.
   •  Millions of tons of dredge spoil, industrial sludge, fly ash, and
      sewage sludge are land-disposed every year.

   Our intensive and consumptive use of the land is  expected to
 escalate dramatically in the ensuing decades. In the next 27 years,
 in fact, all that has been  built  in the history  of  this  Nation will
 have to  be duplicated. That is, the equivalent of  every school,
 pipeline, fire station, powerplant,  office building, shopping center,
 factory, dam, church, barn, and highway that has been built during
 our first 200  years will have to be matched to accommodate the
 market demands projected for population levels by the year 2000.
 Unless some rigorous thought goes into how and where this expan-
 sion  is to take place, there  will  be drastic environmental  conse-
 quences adversely affecting this Nation and generations yet unborn.
   Future Projections for Land Use in the United States

   •  19.7  million  acres will be  consumed  by urban sprawl by
     2000—an area equivalent to  that of the  States of New Hamp-
     shire, Vermont, Massachusetts, and Rhode Island.
   • 3.5 million acres will be paved over for highways and airports
     by 2000.
   • 7 million acres will be taken from agricultural  use for recre-
     ation and wildlife areas by 2000.
   • 5 million acres will  be  taken  from agriculture for public
     facilities, second-home development, and  waste control  proj-
     ects by 2000.
   • 492 power generation stations will be built by 1990, many of
     them requiring cooling ponds of  2,000 acres or  more.
   • 2 million acres of right-of-way will be required by 1990 for
     200,000  additional miles of power lines.

   The land use  problem is  compounded by  the absence of  an
adequate mechanism to deal with it. Unlike air and water pollution,
land pollution and the consumptive use of land cannot be corrected
with present technology. Wilderness cannot be manufactured, nor
can a salt  marsh be  created, nor  can prime agricultural  land  be
unsubdivided.  Assaults  on  the  land therefore can be much more
lasting and serious than assaults on air and water quality.
   Some  of the factors  which call for responsible leadership and
direction are as follows:

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  Factors Complicating the Land Use Problem

  • There  is no national land use policy to address the Country's
    anticipated growth.
  • Although local land controls have failed in the past to permit
    giowth consistent with the  protection of  environmental  qual-
    ity, there is presently no mechanism to take their place.
  • Governmental  policies are made,  legislation  enacted, and
    programs funded with little regard as to how they affect land
    use and influence development  patterns.
  • Local  land use decisions can have  regional or even national
    impact on the environment.
  • Many  land use decisions represent an irretrievable use of the
    land resource  and create irreversible environmental damage.
  • Technological man has the resources and energy available to
    radically alter critical environmental areas and unique eo>-
    systems which have taken aeons to evolve.
Many land use decisions represent an irretrievable use of the land
resource.

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'• ~,  A.
            Wilderness—a use of land that maintains natural biological and
            physical cycles, and provides man with an aesthetic resource.

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ill.  Public  and  Private Attitudes
      Toward  Land and its Use
  Fundamental to all of the abuses and misuses of the land is the
attitude with which Americans view land. Traditionally, land has
been viewed as  a commodity—something to be bought, sold, and
developed for profit—rather than as a resource to be wisely man-
aged and protected. Use of the land has been a matter of expedi-
ency and the question of propriety has seldom been raised even
over the most abusive land  use practices.
  This attitude originated  in the  common-law tradition  of land
ownership. The concept was reenforced in early America and is so
deeply woven into the attitudes of this Nation that it still governs
our public and private land use decisions.

  Basic Factors Shaping our Land Use Attitudes

  THE PIONEER ETHIC, Nature was seen as  something to be
  challenged and conquered.

  THE MYTH OF SUPERABUNDANCE, Land and natural re-
  sources were  seen as being limitless.

  THE LOCKEAN PRINCIPLE OF LAND OWNERSHIP, Man
  had the right to do what he wanted with his own land.

  Today, we know differently. Man's survival depends upon his
living in harmony with nature. Our resources are  not limitless.
  Man's use of the land without regard to the health and welfare of
others and to the environment is now being strongly challenged.
Even with these new realizations, however, our actions still reflect
outdated attitudes. More people with more money, enjoying more
mobility and more leisure time, producing  and consuming more
each year, represent our individual and collective  aspirations. Yet,
these goals require ever-increasing quantities of land. Critical en-
vironmental areas  are being lost,  scenic areas degraded, coastal
areas  developed,  and prime  agricultural   land  converted  into
shopping centers, housing tracts, and mounds of overburden.

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  Development and intensive use of the land resource will continue
in a haphazard fashion until a national land use  policy is  estab-
lished. Governmental legislation and regulations, however, cannot
accomplish meaningful goals unless there is a dramatic change in
the  attitude with which Americans view the land. Leadership in
this area is necessary by Federal, State, and local government, as
well as the private sector.
  A new interpretation of the "taking" clause of the  Constitution
would be a significant step in realizing a new land ethic as well as
allowing for more rational land use planning and management. The
Fifth Amendment which states 'private property shall not be taken
for  public use without just compensation,' can be a barrier to pro-
tecting wetlands,  coastal areas, prime agricultural land, aquifer re-
charge zones, mountain slopes and wilderness areas from abusive
development.  Public ownership to provide parks and open space
and to preserve critical environmental areas and to maintain re-
gional ecological  stability  must be actively pursued.
  Citizens in this country must adopt the attitude that the land
which supports  all human life belongs to all mankind—not just
to those few who can afford to purchase little pieces for themselves.
Those who can afford to buy 'pieces of America,' must view owner-
ship as a trust for proper use of the land. Those rights should not
permit serious degradation of environmental quality.
  Local land use decisions frequently have an areawide, State, or
even national impact on the environment and our natural resources.
It is time to change some  of the outdated attitudes and  legal con-
cepts  which  govern our land use  decision making and  prevent
public and private  institutions from effectively  dealing  with land
use problems. The new land ethic must stress nonconsumptive use
of land  and encourage greater individual involvement in the land
use planning process. In short, land must be viewed as a valuable
resource to be wisely managed  and protected rather than a com-
modity to be  carelessly exploited and misused.

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IV. Shortcomings of Land  Use Planning
  Over the past 50 years,  land-related problems  resulting from
urban  growth and  industrial  expansion  have been  dealt  with
through the planning process. At present several bills before the
Congress stress this approach.  The  bill  most likely to receive
Congressional approval, S.  268, Land Use Policy  and  Planning
Assistance Act, has recently been passed by the Senate. This bill
requires the States to:

  . . .  develop and implement State land use  programs  to co-
  ordinate Federal programs and policies which have a land use
  impact, to  coordinate planning and management of Federal
  lands and planning and management of adajcent non-Federal
  lands . . .

  The  Task  Force strongly supports  the enactment of this legis-
lation. It will alleviate some of  the problems that land use planning
has faced and should reduce duplication and contradiction of those
Federal programs  implemented by the States.
  In the past land use  planning and  public policy planning have
frequently been ineffective in preventing  land misuse or protecting
environmental quality. These shortcomings  stem from  three basic
reasons:

  • Inadequate consideration of the  natural environment in the
     planning process.
  • Failure to take  a comprehensive  approach.
  • Inadequate implementation of plans.

Inadequate Consideration  of  Environmental  Factors in  the
Planning Process

  Traditional land use  planning has  taken the zoning approach.
Various urban uses—residential, industrial, and commercial—are
isolated from  each other to reduce nuisances and to protect human
health,  safety, and  welfare.  Although  there  are  examples  of
planning decisions' being based on environmental criteria, for the
most part, protection of environmental quality and finite resources
has not been fundamental to the planning process. Ignoring physi-
cal  and ecological factors  has resulted  in  property damage and
destruction of environmental quality.

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  Problems Arising From Ignoring Environmental Factors

  •  Untreated sewage being discharged into receiving waters dur-
     ing periods of heavy rainfall because of combined sewers.
  •  Property loss from development on flood plains.
  •  Siltation of reservoirs  from poor soil managament practices.
  •  Pollution and depletion of groundwater supplies  from devel-
     opment on aquifers and their  recharge zones.
  •  Increase in frequency and  severity of floods from extensive
     development in watershed areas, clear-cutting practices and
     channelization programs.
  •  Destruction of wetlands  by the  disposal of solid wastes in
     land fills.
  •  Loss of agricultural land to urban sprawl.
  •  Air pollution  resulting from poorly designed urban trans-
     portation systems.
  •  Property damage  from building in active geologic zones.
  •  Destruction of the natural environment by recreational devel-
     opments.

Failure to Take a Comprehensive Approach

  The second  shortcoming of the planning process is its  single-
purpose nature. The object of single-purpose planning, for such
things  as highways, sewers, airports and water supply systems, is
primarily to get the job done for the single purpose. Highways, for
example, are planned to facilitate movement from urban center to
urban  center. Ample consideration is  not always given to the dis-
location of people, the  disruption of the natural environmental, and
the stimulus to secondary development.
  Although the goal of planning is usually to enhance the quality
of life, it is frequently  not realized. The lack of  coordination,  the
absence of analyzing secondary impacts, and the failure to recognize
the synergisms  involved has led to degradation of the human en-
vironment.  Table A briefly outlines some of the problems resulting
from single-purpose planning.
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                             TABLE A


         Problems Arising from Single-Purpose Planning


       Single Purpose of Plan               Resulting Problems

 Highway Transportation             Primary*  ..
                                     • Air pollution
                                     • Noise pollution
                                     • Congestion

                                   Secondary**
                                     • Induced  growth,  urban sprawl,
                                       strip   development,  leap-frog-
                                       ging
                                     • Restriction   of   transportation
                                       alternatives
                                     • Socio-cultural impacts
                                     • Relocation of people

 Water Resource Management        Secondary
                                     • Environmental impacts, loss of
                                       aesthetic values
                                     • Ecological costs,  control of nat-
                                       ural waterways, loss of wildlife
                                       habitat
                                     • Stimulated development around
                                       reservoirs
                                     • Water quality problems associ-
                                       ated with impoundments due to
                                       increased retention time

 Airport Placement                  Primary
                                     • Air pollution
                                     • Noise pollution
                                     • Accidents and injury

                                   Secondary
                                     • Development  pressures, indus-
                                       try, housing
                                     • Municipal wastes
                                     • Industrial wastes

 Sewage Treatment Facilities         Primary
                                     • Water quality problems  associa-
                                       ated with impoundments due to
                                     • Problems of sewage sludge dis-
                                       posal
                                     • Aesthetic problems—odor

                                   Secondary
                                     • Determinant  of  urban  growth,
                                       urban  sprawl accompanied  by
                                       air and noise pollution, conges-
                                       tion, placement of key facilities
                                     • Inflation  of land values, encour-
                                       aging farmers  to sell  or  sub-
                                       divide their land
                                     • Factor in rezoning or upzoning
                                       for higher densities

  * Primary, those problems that  are of immediate environmental concern—related
   to health and  safety.
 ** Secondary, those probems which have a general environmental  impact—related
   to the consumptive use  of the land or the deterioration of ecological stability.


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  Failure To Have Plans Adequately Implemented

     The third basic  limitation  of  the  current land  use  planning
  process is the absence of adequate  implementation of plans. All too
  frequently, local communities have considered it  necessary to up-
  zone, grant exceptions, and yield to outside pressures to alter well-
  intended plans.

     Reasons for Implementation Failures

     • Lack of understanding of the need for land use  planning; and
       how it  relates to community.  State and national  goals.
     • Economic pressures for development, combined with a land-
       based tax structure.
     • Lack of centralized planning and implementation  authorities.

     Unless  land use planning is  a  comprehensive  effort, including
  environmental as well as economic and social considerations, it will
  become just another  form of single-purpose planning, replete  with
  all its inherent shortcomings.
                                                                ''
                                       :a»
Agricultural land is being lost at a rate of 730,000 acres annually
to urban sprawl.

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V.   Rejuvenation  of the
      Planning  Process
  To eliminate some of the problems inherent in the traditional
approach to land use planning, the Task Force recommends the
initiation of metaplanning.*  Metaplanning represents planning at
a level of complexity beyond that which has, to  date, been referred
to as "comprehensive" planning. Metaplanning is quality-of-life
planning. It is an attempt to recognize and to deal with the fact that
the whole is more than the sum of its parts.
  Although the  expertise  does not yet exist  that  would  permit
complete implementation  of metaplanning,  it is  important that
steps be taken that will lead to eventual implementation  of this
process. Action should be  taken in the three following areas:

  • Impact assessment.
  • Jurisdictional cooperation.
  • Functional integration.

Impact Assessment

  The  first of the  basic  approaches  of metaplanning,  impact
assessment, is defined as  the  ability to predict and identify the
synergisms  of major programs, policies, and practices of the public
and private sectors on the environment as well as on the society and
economy. This entails identifying and dealing  with all significant
casual factors at the macroscopic level. Regarding land use planning
and the environment, it  requires establishing the  land carrying
capacity, and then restricting use so that  it will not exceed that
natural capacity.
  There is  a need to establish an environmental impact assessment
process  at  the State  and local level similar  to the  environmental
impact statement process  established at the  Federal  level  by the
National Environmental Policy  Act. The  YAB  Land Use  Task
Force calls for such  a mechanism to be established.
   *Meta- meaing  "a later, or more  highly organized or more specialized
form of; more comprehensive." The term metaplanning is  being used in
place of "true comprehensive planning" because that term has been  mis-
applied too frequently in the past.

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Jurisdictional Cooperation
   Metaplanning requires a hierarchal arrangement of local,  area-
wide, State, and Federal planning functions. Centralized planning
authorities with implementation  abilities  are  required to address
the greater-than-local impact of local decisions, and the prob-
lems of duplication. The planning process should be initiated  at
the local level, with public participation, and continue up through
the Federal level,  where national goals  and  priorities  could be
established.

Functional Integration

   An  interdisciplinary  approach to planning such  development
determinants as transportation, infrastructure, sewers, and housing
tracts may prevent haphazard development from taking place. The
Connecticut plan  for multi-functional  approaches  to air, water,
solid  waste, and land use programs exemplifies interdisciplinary
planning.
   Through implementation of metaplanning and conscious manip-
ulation of land use determinants, it  is conceivable  that develop-
mental patterns can be  upgraded, and the type and intensity  of
land use predetermined.  Concurrently, the environmental impact
of this Country's  growth and development could be minimized.
This process must begin by evaluating the impact of  all our activi-
ties and actions on land use.

Areawide Residuals Management: EPA's First Step  to
Metaplanning

   Pollution abatement is, at best, after-the-fact control of environ-
mental contamination. In stressing this abatement approach, the
Environmental Protection Agency has been dealing  with environ-
mental problems  in a segmented manner, by  dividing them  into
separate categories: air, water, solid waste,  radiation, pesticides,
and noise. The result  has been to trade one pollution problem for
another, with the ultimate recipient being the land. Wastes formerly
going up the stack or  into the water is now being relegated to the
land.
   Air  quality  control,  for  example, has  been found to create
numerous other environmental problems.  Specifics  cited  by the
study group in Region X (Pacific Northwest)  include:

   •  Restrictions on the burning of slash have greatly increased the
     danger of forest fires.
   •  Prevention of the  dumping of pulp  mill sulfite wastes has
     created severe air pollution and solid waste disposal problems.
   •  A ban on the burning of grain stubble has resulted  in an in-
     creased rodent population by greatly increasing available food.

                                                            15

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  The YAB Task Force recommends that an areawide residuals
(waste) management program be undertaken that would take into
account:
  • The pollution  trade off problem now creating problems for
     maintaining land quality.
  • The need for pollution prevention (through land use planning
     and management) as well as pollution abatement techniques.
  • The  need for impacts of  pollution control and land  use
     determinants to be coordinated at the  areawide or regional
     level.
  The areawide residuals management process  should  be estab-
lished by the States  and provide integrated waste (residuals) man-
agement for all relevant aspects of air, water,  solid waste, pesticide,
radiation  and toxic substance  problems. This  approach  should
conform to the State-wide land  use planning process.
  Existing authorities  within EPA programs could establish  on-
going programs with the States almost immediately.  Section 208
of the Federal Water Pollution Control Act Amendments of 1972
calls for the establishment of "areawide waste treatment manage-
ment agencies" and provides the  funds  necessary to  set up  the
process. Three hundred million dollars is authorized over the next
three fiscal years for this, nearly twice the annual total appropriated
for  HUD 701 Comprehensive Planning Programs, and about equal
to that called for in the Land Use  Policy and Planning Assistance
Act. The requirements of Section 110 of the Clean Air Act of 1970
also could tie into this management  process. The Act authorizes
the  States to establish  land use controls where  necessary to meet
national ambient air quality standards.  This process must be com-
pleted on an areawide  basis in the States with more than  one air
quality control region.  Moreover, under the  complex source regu-
lations, the states must also assess the air quality impact of any new
facilities such as airports, shopping centers, and sports stadia, which
are  likely to generate significant automotive traffic. And under the
non-degradation clause, the States must identify and prepare to
protect areas where growth and development could result in viola-
tion of Federal air standards during the next 10 years. Clearly this
would be completed at the metropolitan or areawide level.  Other
Federal activities  are focused at the areawide level.  Most  notable
are   HUD's  701  Comprehensive Planning Program,  the  old
FWPCA water basin  planning, OMB's Executive  Order A-95
clearinghouse  review process,  HEW's  Regional Health Planning
Program, to name the more obvious.
16

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Unique  environmental   areas  must  be   preserved  for  future
generations.

                                                           17

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VI.  Impact and  Role of  Governmental
      Programs and Policies on Land Use
  Governmental influence on and involvement in land use is far
reaching. Two areas of discussion focus on this fact:

  •  The impact of the Federal government on land use
  •  The role of public institutions in land use.

The Impact of the Federal Government on land use

  The policies and practices of government at all levels have  a
decisive impact on how land is planned for  and ultimately used.
Local governments' use of zoning and land taxing authority,  and
State agencies' planning and handling of funds, have  sizable im-
pacts on land use.  The Federal Government in most cases, how-
ever, is the dominant influence in altering land uses and shaping
patterns of development in the United States.
  The Federal influence on land use is immense. This report con-
cludes, first,  that the extent of that impact  is phenomenal; and,
second, that the lack of any explicit policy to address that impact
results in contradiction and duplication which create profligate
land  consumption  and environmental degradation. This Federal
influence  is  longstanding; Congressional action  impacting  land
dates back over 100 years.

  Some Key  Federal Laws Impacting Land Use

     The 1862 Homestead Act
    The 1872 Mining Act
     The 1920 Mineral Leasing Act
     The 1934 Taylor Grazing Act
     The 1960 Multiple Use-Sustained Yield Act

18

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  The list of agencies impacting land use ranges from the Internal
Revenue Service  to the Bureau of Land Management. It almost
defies any sort of adequate comprehensive analysis. The activities
of these agencies  range from building infrastructure such  as high-
ways, sewers,  water projects,  and airports to setting aside land in
soil  bank programs. They have  provided  an incentive for land
consumption by stimulating development, investment, and specula-
tion.

  Examples of Federal Activities Affecting Land Use

     Oil depletion allowance
     Capital gains taxes
     Tax incentives on transportation of raw materials
     Government flood insurance
     Set-aside and soil bank programs
     Sewer and treatment plant construction
     Highway construction financed by the Highway Trust Fund
     Clear-cutting practices of the Forest Service
     Stream channelization by the Army Corps of Engineers  and
     the Soil Conservation Service
     Waste reclamation projects
     Powerplant siting
     Placement of refineries
     Agricultural grazing rights
     Mineral extraction rights
     Urban renewal and new towns
     Comprehensive planning grants
     Establishment and  enforcement of  air  and water  quality
     standards
     Airport siting
     Loan programs and interest rates
     Placement of Federal facilities
     Defense expenditures
     Land reclamation projects

The Role of Public Institutions in Land Use

  Although instituted as one of the constitutional powers  reserved
to the States, land use control has been gradually delegated to local
governments  to promote  local  control  over rapidly  expanding
communities.  The Federal Government has maintained a laissez-
faire attitude toward land use regulation.

  Local Government

  Exclusively local control, usually  through zoning, has created
problems since its inception. Some of these are enumerated below:

                                                          19

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  •  "Greater-than-local" impact problems are not addressed.
  •  Little consideration has been given to environmental amenities
     and continuation of ecological systems.
  •  Thousands of communities have "up-zoned"  to expand local
     tax revenues.
  •  Available planning funds are  usually insufficient at the local
     level.
  •  There is a shortage of land management skills.
  •  Influence of speculators, utilities,  and developers are brought
     to bear on local officials.
  •  Jurisdictional disputes frustrate the implementation of plans.
  •  Zoning has been used to  discriminate  against minorities and
     the poor.
  •  Aesthetics and ecological stability for the regional or national
     benefit are often ignored.

  State Government

  Recently,  some States have reasserted their preeminence over
some elements of land use  management, planning, and control.
The  persistence of problems  resulting from local control have led
some States  to delegate powers to regional authorities as  exten-
sions of their government,  while others have retained or expanded
State authorities. Some examples are given below:

  •  Hawaii—1961.  A Land Use  Commission was  created and
     assigned the task of dividing the State into agricultural, urban,
     rural, and conservation  districts with the main purpose being
     to prevent the encroachment of urban development into agri-
     cultural areas.
  •  California—1965. Bay  Area Conservation and Development
     Commission established to protect San Francisco Bay—1972.
     Coastal  Zone   Conservation  Act  establishing   Regional
     Planning Agencies for development, planning, and  implemen-
     tation.
  •  New Jersey—1969. Hackensack  Meadowland Development
     Commission established  and authorized to issue bonds, levy
     assessments, collect fees, buy land,  exercise eminent domain,
     and have final authority over  planning and  land use control
     in 21,000 acres of wetlands.
  •  Vermont—1970.  The  Environmental Control  Law  estab-
     lished that permits were required from the State for (1) sub-
     divisions of more than 10 acres; (2)  commercial and indus-
     trial development  of  substantial size;  and  (3) development
     above the elevation of 2,500 feet.
  •  Maine—1970. The State can institute control of developments
     over 20 acres or 60,000 square feet of industrial floor  space.
  •  New York—1971. The  Adirondack Park Agency established
     to submit a land use and development plan for the Adirondack
     mountains. Agricultural districts also established in that State
     to protect agricultural land from development.

20

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  • Florida, Wisconsin,  Massachusetts,  Connecticut  and  other
    States have recently  assumed greater responsibility for land
    use  control.

  Federal Government

  Because the authority for land use has  traditionally rested with
the States and localities, the Federal role  is somewhat  ambigious.
Even  specialists within the Federal Government are not fully cog-
nizant of who has what authority over land use. Federal land  use
powers, direct or  indirect, are widely dispersed among the Depart-
ments of Agriculture, Housing and Urban Development, and  In-
terior, and the Environmental Protection  Agency, to name  but a
few.
  As a result of this dispersion, Federal program  administrators—
in EPA as well as in other agencies—are prone to ignore the land
impact of their programs relative to  those other matters for  which
Federal authority is well denned. Consequently,  there  has been
no coherent policy at the Federal level to  address its massive land
impact.
   A national policy must be established to fill the void between the
Federal Government's land impact and its  de facto role. A national
perspective is also needed on issues of national significance, such as
those related to the development of energy resources.
   States and localities alone cannot always be expected to  make
the most appropriate choices. They cannot adequately assess  na-
tional goals nor determine the aspirations  of the American society.
A national perspective  is also necessary to insure that  a national
land  use policy  is consistent with  national policies for growth,
energy,  and population; all of which  must  be developed simultane-
ously if  any is to be functional. Perhaps the Domestic Council,
with  an  appropriate staff, or a new Department of Long  Term
Planning (Metaplanning)  and  Policy Evaluation could handle the
formidable but ineluctable task.
                                                            21

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VII.  The Rationale  for  EPA Involment
       in  Land Use
  There are three basic reasons for EPA to become more actively
involved in land use considerations:

  • Land use is an essential component of environmental quality.
  • EPA's  mandate is to protect and  enhance  environmental
     quality.
  • EPA's programs and policies affect land use and development
     patterns.

Land Use—A Component of Environmental Quality

  Environmental quality is composed of three interdependent parts
•—air quality, water quality, and  land quality. This realization is
evident in the fact that we' live at the land/air/water interface.
What constitutes a land use also constitutes an air use. Our  de-
pendence on water, and the fact that most of the population in this
country is located on the coasts or along major waterways, illus-
trates the close relationship between land use and water use. Any
attempt to protect environmental quality, therefore, must  consist
of equal consideration of land, water, and air uses.
  Mainlining high land quality need not be restrictive or neces-
sarily a limitation of individual rights. It requires establishing  the
natural land carrying capacity and planning for development to be
consistent with that capacity. Various land uses should be evaluated
in terms  of their impact on health and safety, ecological stability
and consumptive use of the resource. Only through this analysis
will it be feasible to take an holistic approach to protecting environ-
mental quality.
  The Task Force has found  land use to  be almost synonymous
with environmental quality. Most of the environmental problems
facing  EPA in  fact,  result from the  use  or misuse  of the land
resource. Table  B gives a few examples.

22

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                           TABLE  B
Land Uses Resulting in  Environmental Problems
   Land practice or use

   Clear-cutting
   Strip mining



   Agriculture






   Highways and airports




   Powerplants



   Urban sprawl





   Waste disposal
Environmental problem

Erosion,   Sedimentation,   Nutrient
runoff, Loss of wildlife habitat, De-
struction of aesthetic values, Disrup-
tion of watersheds,  Loss of recrea-
tional values.
Acid mine  drainage, Sedimentation,
Loss  of  farmland,  Aesthetic  prob-
lems,  Damage  to wildlife and fish
habitat.
Feed lot  and  nutrient  runoff,  Eutro-
phication, Pesticides runoff, Erosion,
Soil compaction, Animal  waste dis-
posal, Predator control, Salinity of
irrigation   return   flow,   Induced
changes  in vegetation cover, Disrup-
tion of ecological stability.
Air pollution,  Sedimentation, Sec-
ondary development, Noise pollution,
Destruction  of eco|ogical habitats,
Litter, Land disruption, High  energy
consumption  with their use.
Aesthetic problems from  transmis-
sion lines,  Thermal discharges, Air
pollution, Disposition  of  radioactive
wastes.
Loss of agricultural land, Air pollu-
tion,  Noise pollution, Street  runoff,
Paving over aquifer recharge  zones,
Disruption  of  ecological  stability,
Development  on flood plains, Water
pollution.
Landfill of marshes  and wildlife hab-
itat, Open burning of slash, garbage,
and sewage sludge  resulting  in air
pollution, Noise problems with trash
collection.
EPA's Mandate—To Protect and Enhance Environmental Quality

   The Presidential Message  accompanying  the Reorganization
Plan establishing the Environmental Protection Agency stated:

      Responsibility for anti-pollution  and  related programs
      is  now  fragmented  among several departments  and
      agencies, thus weakening our overall Federal effort. Air
      pollution, water  pollution, and solid wastes are differ-
      ent forms of the  same problem, and it becomes increas-
      ingly evident that broad systems approaches are going
      to be  needed  to bring our pollution  problems under
      control.  (Emphasis added.)
                                                                23

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   The  "failure to perceive the environment  as  a totality and to
understand and recognize the fundamental  interdependence  of all
its parts, including man himself," was cited  as  a basic cause of
environmental degradation. (Emphasis added.)
   It is  apparent that the intent of the President and Congress was
to develop comprehensive approaches  to environmental problems.
Consistent with this intent, the YAB Land  Use Task Force main-
tains  that any comprehensive  approach to  pollution  abatement
requires proper land use planning and management.
   EPA efforts to meet its mandate in the  past, have focused on
developing effective means of protecting human health and safety.


                           TABLE C


       Pollution Abatement Requiring Land Use Controls91'
            Problem

Deterioration of Water Quality
   Eutrophication
  Sedimentation
                                              Source

                                 —Mining  operations   (acid  mine
                                   drainage)
                                 —Feed lot runoff
                                 —Agricultural chemical runoff (herb-
                                   icides, pesticides, and  fertilizers)
                                 —Dredge spoil disposal
                                 —Sewage sludge disposal
                                 —Shoreline development

                                 —Nutrient runoff (clear-cutting and
                                   agriculture)
                                 —Construction  of  reservoirs  (in-
                                   creased  retention time)
                                 —Shoreline development

                                 —Soil erosion (agricultural practices)
                                 —Erosion  (highway and  other con-
                                   struction; clear-cutting)
                                 —Stream channelization

  Contamination of ground water    —Deep-well disposal
                                 —Paving of aquifer recharge zones
                                 —Septic tanks and leach  fields
                                 —Leaching from  landfills

Noise pollution                    —Airports
                                 —Highways
                                 —Heavy industry

Air Pollution                      —Airborne  soil  (from agricultural
                                   practices)
                                 —Urban  complex  sources  (urban
                                   sprawl, leap-frogging, strip  devel-
                                   opment)
                                 —Powerplant  and other  facilities
                                   siting
                                 —Highway placement and design
                                 —Burning of  wastes  (agricultural
                                   stubble and slash; garbage)
                                 —Heavy industry (refinery siting)

* These problems are directly related to EPA's air, water and  noise  pollution abate-
 ment mandates.
24

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These efforts have revolved around technological  approaches  to
controlling major  sources  of air  and  water pollution.  Although
these has been  moderate success with  this abatement, "clean-up"
approach, there are inherent limitations. The control of non-point
source problems, such  as  sedimentation,  agricultural run-off and
automobile emissions,  and the impact  of trading on media pollu-
tion problem for another are compelling reasons  for EPA to take
an holistic approach to environmental protection.
   Even  a narrow interpretation of EPA's role, as "strictly a pollu-
tion abatement" agency, however, reauires it to  become  involved
in land use. Several examples of pollution problems that cannot be
abated without land use planning and management are  listed  in
Table C and D.
                           TABLE D
     Environmental Protection  Requiring Land Use Controls*


            Problem                          Source

 Destruction of ecological stability    —Drainage of wetlands
                                 —Grazing practices
                                 —Landfilling of  salt  marshes and
                                   other wetlands
                                 —Land disposal  of wastes (e.g., fly
                                   ash  dredge spoil, sewage sludge)
                                 —Development on flood plains
                                 —Clear cutting
                                 —Soil depletion (by intensive use of
                                   chemicals in agriculture)
                                 —Stream channelization
                                 —Predator, insect,  and weed control
                                 —Mon9crop agriculture
                                 —Persistent environmental toxins

 Loss of aesthetic values            —Urban sprawl (strip and leapfrog
                                   development)
                                 —Development in the  coastal zone
                                 —Mineral extraction
                                 —Claar cutting
                                 —Power transmission lines
                                 —Billboards
                                 —Recreational development
                                 —Transportation development
                                 —Second home development

 * These problems are among those in which EPA  must become involved in order to
 take an holistic approach to environmental protection.


   Such problems cannot be dealt with effectively in the absence of
 land  use controls  and implementation  of  sound  environmental
 planning. Without  ample consideration  of land use, it will be con-
siderably more  difficult, if not impossible, for EPA  to discharge
its responsibilities.


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  EPA's Program and Policies—Determinants  of  Land  Use

  EPA should become more involved in land use considerations
because its programs and policies influence land use patterns, which
in turn affect  environmental  quality. Efforts  to control  media
pollution have resulted in trading off one  pollution problem for
another, with land being the ultimate recipient of waste. Several
environmental policies and  decisions listed below indicate  there
will be  a dramatic increase in  the disposal  of waste on the  land:

  Environmental Policies  to  Curtail Media  (Air  and Water)
  Pollution (Resulting in land disposition of wastes)

  • Promulgation and strict enforcement of air and water quality
  standards.
  • The 1985 "no discharge" goal.
  • Restrictions on ocean dumping.
  • Protection of groundwater.
  • Restriction of open burning.
  • Restrictions on aquatic disposal of dredge  spoil.

  Reduction of air pollution by installation of  wet scrubbers and
electrostatic  precipitators  creates a  sludge and  fly-ash disposal
problem on the land or in the  water. Treatment plants can purify
sewage, but must later dispose of the residual sludge on the land or
in the ocean. Unused  pesticides and  toxic materials once dumped
in rivers and streams are now  disposed of on the land. Municipal
solid waste  previously incinerated is  now disposed of in landfills.
Timber slash  once burned now constitutes a major  solid  waste
problem in our forests.
  By failing to take a systems approach to finding solutions, and
by not utilizing land use planning and management as an environ-
mental protection device, EPA will continue to trade one pollution
problem for another. Although the quality of one  medium may be
improved, the impact  of this improvement on other media should
be evaluated if EPA is to meet its mandate. In discussing trade-offs,
land is  also considered a  medium.
  In addition to the land impact and trade-off problems of EPA's
policies, the Agency has a substantial impact  on development in
local communities. The prime source of this impact is the funding
of sewage treatment plants.  The construction of  new plants with
capacities greater than actual needs, and the expansion of existing
facilities can be significant growth stimulants. The relationship of
sewer construction to growth patterns is summarized as follows:
26

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  Sewers and their Relation to Sprawl

  •  The existence  or  feasibility of sewage and water treatment
     has  frequently been the primary criterion by which  local
     governments have decided whether an area should be rezoned
     for development,  or whether a  subdivision should  be per-
     mitted.
  •  Because sewerage systems are generally financed through user
     charges, connection fees, and tax levies;  the service  area  is
     made  as  large as  possible  to  gain  the greatest amount of
     revenue.
  •  The mere existence of sewer lines enhances the attractiveness
     of land for development.
  •  Land values inflated by the development potential, heightened
     by sewerage installation encourages farmers to sell or develop
     their land.  Increased tax rates in serviced areas compounds
     this encouragement.
  •  The primary objective of local,  State, and Federal officials
     is to provide adequate sewerage at the least  possible  cost.
     Regional systems have usually been the preferred means  of
     accomplishing  this. With the absence of  land use controls,
     regional interceptors connecting several communities encour-
     age development throughout the  entire region.

  The construction grant program is impacting land use. The
resulting development leads to other environmental problems, such
as; air pollution, solid waste generation, increased  public service
requirements,  etc. This  is only one example of  secondary impacts
of an EPA program which may have undesirable long-range  envi-
ronmental impacts.  Other examples include areawide waste  treat-
ment planning,  location considerations in State Implementation
Plans (SIPs) for complex sources and new point sources, the estab-
lishment of ambient air quality standards and the position taken on
solid waste treatment  (disposition vs  recycling).
  The YAB Task Force feels that EPA could  minimize the land
impacts and its  media pollution trade-off problems by first ana-
lyzing how its  programs, standards, regulations, and policies  affect
land use, and  then  taking the steps necessary to alleviate  the ad-
verse land impacts. One of the first steps, as previously mentioned,
could be the establishment of an areawide residuals management
process.
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VIII.   Limitations on  EPA Involvement
         in the  Land  Use  Issue
   Considering EPA's mandate to protect and enhance the environ-
ment and the influence that the use of land has on meeting that
mandate, one might wonder why EPA does not have explicit land
use planning and control authorities.  This is due in part to the
Federal attitude of laissez-faire toward land use  regulation based
on the "reservation of powers" clause of  the Constitution. This
attitude,  combined with a general indifference to,  and,  in fact,
ignorance of, the relationship between  land use and environmental
quality is  reflected in the statutory authorities of EPA. It should
be realized, however, that only recently has there been any wide-
spread public concern over environmental  degradation.
   While  EPA has little explicit  authority for  land use  control,
many provisions in its various enabling statutes  require land use
planning and management for their successful implementation. This
implicit authority in the past has been  used on a limited basis. To
date, EPA involvement in the land use issue has centered around:

  •  Letting contracts to identify and quantify relationships be-
     tween land use and environmental quality.
  •  Establishing mandated guidelines and regulations, particularly
     in the area of areawide waste management planning  (Sec.
     208 FWPCA) and maintenance of air quality standards (Sec.
     110, Clean  Air Act).
  •  New  responsibilities for: regulation of complex sources, new
     point sources; the maintenance of air quality standards; water
     resource and waste water treatment  planning;  control over
     the siting of major facilities and nonpoint sources.

  More active involvement in the land use issue and attempts to
take  an holistic approach to environment problems, however, have
been restricted by:

  •  EPA's Enabling Legislation
  •  EPA's Organizational Structure
  •  EPA's Operating Philosophy

28

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 EPA's Enabling Legislation

   The absence  of a specific organic act establishing EPA has
 prevented the Agency from taking an holistic approach to meeting
 its mandate. This factor, combined with the Federal  laissez-faire
 attitude, has minimized  the Agency's willingness  to include land
 use considerations in its  day-to-day activities. Furthermore, except
 for amendments—the enabling  legislation antedates the  Agency,
 falls within the jurisdiction of several Committees of the Congress,
 and is usually single-purpose in nature. EPA's enabling authorities
 are largely contained in the following Acts:

     The Clean Air Act
     The Federal Water  Pollution Control Act (FWPCA)
     The Resource Recovery Act
     The National Environmental Policy Act (NEPA)
     The Federal Insecticide, Fungicide, and Rodenticide Act

   With the notable exception of NEPA, these authorities stress the
 media approach to pollution abatement rather than an intermedia
 approach to pollution prevention. These laws were drawn up  by
 several Committees of the Congress, each operating under a differ-
 ent system of priorities;  and indicate little or no consideration of
 their impact on  each other. Furthermore, some of these Acts were
 originally enacted for implementation by five different  agencies,
 each with its specific mandate, objectives, and goals.  The organi-
 zational  structure of the  Agency reflects  those Acts which were in
 existence when EPA was established in December of 1970.


 EPA's Structure

   Independent program responsibility for air, water,  solid  waste
 management, pesticides,  radiation, and, more recently, noise con-
 trol was  established. The main Agency functions were  also formu-
 lated—standards setting, enforcement, research,  monitoring, and
 grant allocation. The activities of each of the program offices are
 based on a specific enabling authority. The functional  offices draw
 their authority from  the  totality  of the enabling legislation.
   Because air, water, and land  are interdependent parts of the
 ecosystem,  any  attempt to protect  and enhance  environmental
 quality requires  equal attention to all three parts with coordination
 among them. The Task  Force believes that EPA must undertake
 administrative realignment to permit land use considerations to  be
 adequately addressed in the near future if land quality is to receive
 equal attention with air  and water  quality. Moreover, the  YAB
Land Use Task  Force sees a need for an organic  act for  EPA in
the long run, which Act would include authority for land use
responsibilities.

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EPA's Operating Philosophy

  As previously mentioned, some of the Agency's enabling legisla-
tion includes implicit authority for land use involvement.  Table E
lists those sections of the Agency's enabling Acts containing such
authorities.


                           TABLE E

                  Implicit Land Use Authorities
Act

Federal Water Pollution
Control Act Amendments
of 1972
Section               Subject

 104       Development of new control
             methods
 105       Research and Development
             grants
 107       Mine Water  Pollution
 201       Sewage Waste Management
 204       Limitation on sewage service
 208       Areawide waste treatment
             management
 209       River basin  plans
 302       Special standard
 303       Water quality standards and
             implementation  plans
 305       Water quality inventory
 314       Clean lakes
 403       Ocean dumping
 404       Dredge and  fill material permits
 405       Sewage sludge disposal

 110       Land use transportation controls
 309       Federal impact

   3       Registering  products
  13       Seizure because of adverse
             environmental effects

3253       Research and demonstration
3254(a)    Planning grants
3254(b)    Demonstration grants
3254(c)    Waste recovery
3254(e)    Federal agencies

   4       Federal agency jurisdiction
4(c)(l)      Coordinate Federal programs
4(c)(2)     Federal agencies' consultation
             with  Administrator
5(a)(l)      Health and welfare criteria
5(a)(2)      Noise standards
   7       Airport  and  aircraft noise
  14       Research
   It should be  emphasized that these authorities are restricted to
the medium to  which the specific Act is directed. The Clean  Air
Act, for example, provides land use  and transportation controls
as they relate to  air quality, rather than environmental  quality in
general.  Additionally,  because  these  authorities  are hidden in
different sections  of the various bills, many EPA decision makers
have been reluctant to assume initiative  in the land use area.  The
Clean Air Act of 1970


Federal  Insecticide, Fungi-
cide and Rodenticide  Con-
trol Act of 1972

Solid Waste  Disposal
Noise Control Act of 1972
30

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absence of organic legislation, including explicit land use authori-
ties, has given rise to the general Agency attitude of: "Let's clean
up the air and the  water before we move into new areas."
   Perhaps the chief deterrent to EPA's assuming more leadership
in using land use  controls for environmental protection rests with
the fact that the major legislative proposals for a  national land use
policy have assigned the "lead agency" position to the Department
of the Interior.  This action has made it more palatable for EPA
to assume the role of "strictly a pollution abatement" agency.
   The Task Force maintains that it will be extremely difficult, to
maintain  even that  role  without  aggressive attention to land  use
management and  controls.  The  legal authorities listed in Table
E are those  which  EPA should  utilize to become more actively
involved in land use considerations. Section 110  of the Clean  Air
Act and  Section 208  of  FWPCA  are two sections in particular
that  authorize  EPA's involvement in land  use (see:  Areawide
Residuals Management:  EPA's first step  to Metaplanning).

The  environment  cannot be  protected without  proper planning
and  land  use  controls.
                                                            31

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 IX.  Recommendations  for  EPA
   It should be noted that the following are only general recom-
 mendations. Recommendations pertaining to individual EPA pro-
 grams are contained in the EPA Section of the National report.

   Problem 1

   Present attitudes toward land and its use governs the land use
 decision-making process and creates severe environmental reper-
 cussions with impinge upon EPA's ability  to meet its mandate.

   Recommendation  1:

     EPA  should develop a program to  encourage awareness
   within the Agency of:
     • Land use/environmental quality relationships
     • The Agency's existing land use authorities
     • The impact of Agency programs and policies on land use.

   Method for  Implementation:

     a.  Refine, update and distribute YAB Land Use Report
     b.  Give the YAB audio-video presentation at Headquarters
         and the Regions.

   Recommendation  2:

     EPA should sensitize the general  public through educational
   programs of  the importance of  developing a new land ethic.

   Method  for  Implementation:

     a.  Publish a brochure on  Land Use and Environmental
         Quality.
     b.  Have YAB audio-video presentation made into  a film for
         general distribution.
     c.  Establish an Environmental Extension  Service (EES) pat-
         terned after  the Agricultral Extension Service to dissemi-
         nate literature and provide technical  assistance to civic
         groups, environmental organizations,  planning  agencies
         and the academic community.

32

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   Problem 2

   EPA has not placed enough emphasis on land use, considering
 that land use is an essential component of environmental quality
 and EPA's  mandate is  to protect and  enhance environmental
 quality.

   Recommendation:

   EPA should become more actively involved with land use con-
 siderations  and deal in  an holistic manner with environmental
 problems.
   Method for Implementation:

     a.  An office or some centralized land use authority should be
         established  within  EPA to consolidate  and coordinate
         efforts in the following areas:
         1.  Evaluate and make recommendations to assist in min-
            imizing EPA's adverse land use impact.
         2.  Contribute to the formulation of a National Land Use
            Policy.
         3.  Interface with other Federal agencies involved with
            land use decision making.
         4.  Research  and  identify  control  techniques for those
            environmental problems that cannot be abated through
            conventional methods.
         5.  Identify new approaches to deal with media trade-off
            problems.
         6.  Conduct  land use  related  research (property tax re-
            form, environmental land trusts, etc.).

     b.  Seek  organic legislation—an omnibus act that would en-
         able EPA to take an holistic approach to resolving exist-
         ing environmental problems and prevent degradation from
         occurring in the future.


   Problem 3

  There are numerous Federal, State and local program policies
that have conflicting and adverse impacts on land use and environ-
mental quality.


  Recommendation:

    EPA should become more actively involved in working with
  other governmental agencies  at all levels, as well as with pro-
  fessional organizations concerned with land use planning and
  management, in pointing out the relationship between land use
  and environmental quality.

                                                          33

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  Method for Implementation:

     a.  EPA should encourage the use of areawide residuals man-
        agement and seek to have land use planning and manage-
        ment initiated as a device to prevent pollution at the local
        level.
     b.  EPA should lend its expertise to the development of en-
        vironmentally sound planning processes at the state level.
        This should include encouraging the States to initiate the
        metaplanning concept by  centralizing all  State planning
        functions and have them conform to the land use planning
        process called for in the Land  Use Policy and Planning
        Assistance Act, S. 268.
     c.  At the Federal Level, EPA should seek to  establish its
        leadership (not necessarily "the  lead") in the area of land
        use.  Agency land use expertise should be developed in
        order to incorporate land  use impact evaluation into the
        Environmental Impact Statement review process. Because
        many Federal programs  are not reviewed through the en-
        vironmental impact statement process, it  is necessary for
        EPA  to establish active working relationships  with  key
        agencies whose programs have significant impact on land
        use.
     d.  EPA should push for the adoption of an environmental
        assessment process at  the State and local level.

  Problem 4

  Land use  planning and public policy  planning  have frequently
been ineffective from the standpoint of preventing land misuse or
protecting environmental quality.

  Recommendation:

     Strive for the  development and implementation of metaplan-
  ning at all levels of government.

  Method for Implementation:

     a.  Evaluate the land impact of EPA activities and seek to re-
        duce adverse impacts.
     b.  Undertake the necessary research to implement metaplan-
        ning.  It is necessary to improve the understanding of land
        use/environmental quality relationships if the metaplan-
        ning approach is to be successfully  implemented. Infor-
        mation should be geared to:
        1.  Making sound environmental decisions in the planning
           process.
        2.  Identifying  and quantifying environmental trade-ofls.
        3.  Providing a data base which would improve ability to
           identify the actions and activities involved in land use.
           A national  census of land ownership  is an important
           first step.

 34

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     c.  Work closely with the State planning agencies responsible
        for  developing the land use planning programs required
        by the Land Use Policy and Planning Assistance Act that
        recently passed the Senate.

  Problem 5

  Although the Federal Government in most cases is the dominant
influence in altering land use and shaping patterns of development,
there is no coherent national land use policy to address this impact.

  Recommendation

     A national policy should be  developed  to fill the  void be-
  tween  the Federal Government's land impact  and its de facto
  role.

  Method for Implementation:

     a.  EPA should help formulate a national land  use policy.
     b.  The Administrator  should suggest to the  President that
        the Domestic Council with an appropriate  staff,  or a new
        Department of Long Term Planning  (Metaplanning) and
        Policy Evaluation be established to implement a national
         land use policy and integrate it with national policies on
        energy, growth and population.
     c.  EPA  should encourage  each Federal Department and
        Agency to analyze the impact of their policies, programs
        and practices on land use and seek to alleviate those im-
        pacts  adversely effecting environmental quality.
                                                          35

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         ACKNOWLEDGEMENTS

  The National Youth Advisory Board wishes to express its ap-
preciation for Administrator Russell E. Train's strong interest in
land use. Special thanks go to Robert  D Bannister,  Study Direc-
tor, who labored mightily to make this report a reality.  Dwain
Winters  and Lance King also have the Board's special thanks for
their efforts. The NYAB is grateful for the interest and support
of the Assistant Administrators and Office Directors,  as well as
the program and staff offices  they called  upon  for information
and ideas,  their thorough review, and  the comments tendered at
the conclusion of the study.  The Board wishes also to thank former
Administrator William D. Ruckelshaus and former Deputy Ad-
ministrator Robert W. Fri for their strong support.
  All ten Regional Administrators  and the ten  Regional Offices
provided support essential to the success of  this effort. The Board
thanks them for that support.  The  more than forty persons who
worked  nationwide on Regional Study Teams and produced the
Regional Reports and Case Studies provided the underpinning for
much of what appears in the final report. The Board thanks them.
  Many other persons contributed in many often wonderful  ways
their time, ideas, and  commitment to the environment and to the
study goal.  The  Board feels a strong sense of gratitude to  these
unknown people and regrets it will never fully  appreciate  their
contribution.
  And finally,  to those we  should have mentioned here and did
not,  we  apologize for the oversight and  trust that your commit-
ment to the land use idea will not be lessened for it.
                         The National Youth  Advisory Board
                                     1971-73
36

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             NYAB Land  Use Study Participants

                        1971-1973

             NYAB Chairman:   William D. Ruckelshaus
     EPA Land Use Council
                    Chairman:   Robert W. Fri
    NYAB Executive Secretary:   Robert H.  Knight
      NYAB Land Use Task
              Force Chairman:   Gary B. Hinton
     NYAB  Land Use  Study
                     Director:   Robert D  Bannister
                  EPA Land Use Council

       Leland Attaway               Herbert Quinn
       Rebecca Hanmer              Charles  Rogers
       Eugene Jensen                William Rowe
       Glen Kendall                 Carolyn Russell
       George Marienthal            Roger Williams


NYAB Land Use Task Force     Headquarters Research Staff

       John Baen                   Louis Chibbaro
       Paul Chakroff                 Karen Davis
       Joel Epstein                  Andrew Goddard
       Richard Fogelsong            Pamela  Hackes
       Ann Gilbert                  Lance King
       Thomas Gordon.              William Lawrence
       Lance King                  Jack Liebster
       Peter Kolbeck                Susan Lieberman
       Kris Lindstrom               Michael Montavon
       Frank Lund                  Henry Richardson
       David Ramsey                Ralph Simmons
       Dwain Winters


                      Editorial  Board

       Ann Gilbert                  William Lawrence
       Andrew Goddard              Eleanor Merrick
       Peter Kolbeck                Judson Starr
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