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- Info
Preservation of rural character and protection of natural resources
| Author: |
Salkin, Patricia E., Esq. |
| Date: |
1991 |
| Periodical: |
Albany, NY: Government Law Center of Albany Law School |
| Abstract: |
Rural communities across New York State have been experiencing an increase in development activities. This has led to increased interest in rural planning and rural growth management. The issue is of particular concern, since some rural communities still have not enacted zoning, and many of these communities may only have a few scattered land use regulations in place. A 1986 survey conducted by the New York State Department of State Office of Local Government Services found that 31% of New York's municipalities did not have any zoning regulations, 42% of all municipalities lacked subdivision regulations, and 50% did not have a comprehensive plan. This, coupled with the lack of expertise in many rural municipalities on subjects pertaining to growth management and preservation of rural character, threatens the preservation of rural character and protection of natural resources in these communities. One example of increasing development activity in New York's urban fringe can be found in the Catskill region. A 1988 study of growth and development in Delaware County revealed a 135% increase in the number of land parcels in the County from 1950 to 1988.2 The study also found that by 1988, 38.49% of all land parcels in the county were owned by nonresidents. This trend is not unique to New York, in fact rural counties close to urban areas are the fastest-growing communities in the country. This new rural "sprawl" is consuming large amounts of land, once prized for scenic open space, agriculture, wildlife habitats, and forest land. It comes as no surprise that without proper planning, residential use often conflicts with agricultural and other traditional rural land uses. Historically, zoning has been perceived as an unwelcome rural land use control by farmers and other community residents who mistrust the "sophisticated" urban planners. Additionally, there is a prevailing attitude of "don't tell me what to do with my private property." More and more, however, zoning is slowly being accepted as a method of growth management and rural character preservation. In 1988, Renew America issued a "State of the States" report on Land Use Planning. The authors observed that, "As public concerns over air pollution, toxic waste, solid waste, groundwater, farmland and urban development continue to grow, calls for stronger, more integrated state regulation is inevitable. Timing, foresight, and a willingness to compromise will be essential. Policymakers in each state will have to decide on whether land use planning will be crisis management or management to avoid or minimize crisis. The purpose of this paper is to inventory what land use techniques exist in New York and other states to implement planning objectives designed to preserve farmland and rural character and to protect natural resources. |
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