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The legal landscape: guidelines for regulating environmental and aesthetic quality

Author: Smardon, R.C.; Karp, J.P.
Date: 1993
Periodical: New York: Van Nostrand Reinhold
Abstract: Land-use regulation is a complex issue. This guide explains the legal mechanisms available for maintaining and protecting desired features in various landscape settings. It covers local, state, and federal land-use controls. All types of constraints on aesthetic regulation are discussed, including police power limitations, land-use control, architectural control, historical preseration, outdoor communication regulation, and protection of scenic corridors and natural areas. Case studies clarify controls related to zoning, billboards, environmentally sensitive areas, and scenic views. State and national scenic issues are broken down by resource and program type, complete with explanations of presevation-based statutes, special land activity management and regulation, and other specific legislation and programs. The authors define how landscape character and values can be developed and integrated with legal mechanisms. They provide a current overview of aesthetic litigation and summarize court cases by state, as well as case studies of aesthetic analysis and the role of expert witnesses in litigation. For the first time in a single source, a detailed bibliography coordinated all literature on the subject of preserving aesthetic and environmental qualities in the landscape. As issues of land protection grow in urgency during this era of heightened environmental consciousness, this guide will increase in value as well. It will be extremely useful to landscape architects, planners, and environmental and land-use lawyers.


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