What Is the Legal Definition of Land Use Planning

Since the 1990s, the militant and environmentally friendly approach to planning has evolved into the smart growth movement, characterized by the emphasis on more sustainable and less polluting forms of development. [6] In addition, there are changes in land use planning requirements over time. For example, while most planners suggest the distance from the landfill where a subdivision should be built, they should also consider the direction of the wind .[20] Current processes include a combination of strategic and ecological planning. It is increasingly recognized that each terrestrial sector has some capacity to support human, animal and vegetative life in harmony, and that the disruption of this balance has disastrous consequences for the environment. Planners and citizens often take on an advocacy role during the planning process to influence public policy. [6] The “opt-out clause” of the Fifth Amendment to the U.S. Constitution prohibits the government from taking private property for public use without fair compensation. Dolan v. The City of Tigard has demonstrated the criteria that determine the threshold of what counts as income. [5] One interpretation of the opt-out clause is that any restriction of the land`s development potential through zone regulation is an “opt-out”. There is a deep-rooted anti-zoning sentiment in America that no one has the right to tell anyone else what they can or cannot do with their country.

Ironically, although people are often reluctant to be told how to develop their own land, they tend to expect the government to intervene when the proposed use of the land is undesirable. Conventional zoning has generally not taken into account how buildings relate to each other or to the public spaces around them, but rather has created a pragmatic system of mapping jurisdictions based on the permitted use of land. This system, combined with the interstate highway network, the widespread availability of mortgages, the growth of the auto industry, and the general economic expansion after World War II, destroyed most of the character that gave American cities a distinctive character. The urban sprawl that most American cities began to experience in the mid-twentieth century was caused in part by a flat approach to land use regulation. Zoning without planning has created unnecessarily exclusive zones. The thoughtless mapping of these areas over large areas was a big part of the recipe for suburban sprawl. [4] Based on the shortcomings of this practice, land use planning evolved to imagine the changes that development would bring about and mitigate the negative effects of such a change. Zoning is a system of public regulation of land use. State legislators have the power to approve zoning, under which individual cities issue their own zoning ordinance and this is usually tightly integrated into a planning program. Different geographical areas (zones) are limited to certain uses and developments, such as.

B, industry, light industry, commerce, light trade, agriculture, single-family homes, apartment buildings, parks, schools and other purposes. Smart growth promotes the integration of mixed land uses into communities as an essential component of habitat improvement. Placing uses in close proximity to each other has advantages for transport alternatives to driving, safety, community cohesion, the local economy and general quality of life issues. Smart Growth aims to give communities the opportunity to change the planning context that currently makes mixed land use illegal in most of the country. [22] [23] Land use planning is an important method for the sustainable development of Indigenous communities. Indigenous peoples in the United States and Canada often have fragmented or declining lands with limited uses. Often, these country bases are also far from urban centers and with limited capacity for expansion. [26] Since European settlers began colonizing the American continent, indigenous peoples have held 98.9 percent of their land, according to a Yale study. The lands to which indigenous peoples have been forced are exposed to current and future risks related to climate change. [27] This fact leads to the maintenance of systematic inequalities for indigenous peoples, as livelihoods, preservation of culture and traditions, access to adequate housing and access to resources are all deeply rooted factors in the country. Many Aboriginal groups are adopting land use planning to determine the future of their territories.

In Canada, for example, the Dehcho First Nations have developed a land use plan that respects the cultural traditions and knowledge of Elders, and includes conservation, development zones and other categories. [28] This plan, which has been extensively researched, can serve as an excellent model for other Indigenous nations and for cities and territories across North America. [29] Land use may seem self-explanatory, but it has a very specific meaning in the context of the history of American planning. With regard to sustainable development, spatial planning is considered to be a political and technical-administrative decision-making process coordinated with social, economic, political and technical factors for an orderly and sustainable use of the areas to be developed. On the other hand, it aims to regulate and promote the situation and sustainable development of human settlements, economic and social activities and physical spatial development, based on the identification of potentials and constraints that take into account ecological, economic, socio-cultural, institutional and geopolitical criteria. [12] Overall, these parameters are introduced to ensure environmental protection during land use or development. On the basis of the recommendations made by the United Nations at its Habitat Conference, the country is of great importance for the development of human life, as it is the fundamental support of its permanence and development, which is the main objective of human settlements policy. That is, the land resource is recognized as an essential element that supports the social, political and economic education of society. As already mentioned, land use refers to the occupation of a particular area according to its agricultural capacity and therefore its development potential, it is classified according to its urban or rural situation, it represents a fundamental element for the development of the city and its inhabitants, since from them its urban structure is formed, and therefore its functionality is defined. For this reason, ensuring sustainability is necessary to ensure that we continue to reap the benefits that flow from urban planning and to ensure that future generations will continue to enjoy those benefits. To do this, land use planning comes into play. In a broader sense, it is a tool by which the state defines the type of land use that land will have within a settlement, e.B.

a city, while establishing guidelines for its use to ensure efficiency and sustainability. In this case, the use of land is allocated on the basis of their physical and functional characteristics that they have in the urban structure and with the aim of occupying the space in an orderly manner and according to their physical capacity (occupation of areas suitable for urban development and environmental sustainability), which ultimately leads to a harmonious growth of the city. This instrument is structured by a planning system at national and local level which defines the general orientations to be taken into account in the development of urban development. Here, the relevant authorities could formulate a number of restrictions to ensure sustainability, such as banning land use planning in riparian areas or in national parks. Basically, it`s about protecting the environment. A cart is a moderate planning workshop that is often used by professional planners to gather information from their clients and the public about the current project. Charettes involves a variety of stakeholders in the planning process to ensure that the final plan comprehensively covers the study area. Land use planning almost always requires land use regulation, which usually includes zoning.

Zoning regulates the types of activities that can be accommodated on a particular piece of land, as well as the amount of space devoted to those activities and how buildings can be placed and shaped. [4] Although most of the examples discussed in this article come from cities in the North, land use planning has been used in cities around the world. The countries of the North have traditionally dominated the theory and practice of planning. However, as the world continues to urbanize rapidly and the world`s population grows, most of the world`s new population growth is taking place in cities in the developing world or in countries of the South. [30] Many of the assumptions about land use planning do not apply elsewhere in the world, especially since developing countries face faster urbanization than most countries in the North. .