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The use of zoning ordinances in the protection and development of wildlife habitat

Author: Bissell, Steven J.; Demarest ,Kathi; Schrupp, Donald L.
Date: 1987
Periodical: In: Adams, L.W.; Leedy, D.L., eds. Integrating Man and Nature in the Metropolitan Environment: Proceedings of the National Symposium on Urban Wildlife; 1986 November 4-7; Chevy Chase, MD. Columbia, MD: National Institute for Urban Wildlife
Abstract: Because of the variable nature of local government in the United States, local land use planning has tended to be highly variable. Until the early part of this century, there were few uniform rules and methodologies. However, since then the use of zoning has become a major tool of local governments, especially county governments. The types of zoning and the uses of zoning have become highly complex, to say the least (Babcock 1966, Abrams 1978, Smith 1983, Babcock and Siemon 1985), but the basic concept of local government protecting land from incompatible uses on adjoining land is more or less standard throughout the country. Generally, zoning is viewed as the enactment of ordinances by local government to designate areas for certain uses, activities, architectural styles, building heights, housing densities, etc. The types and extent of zoning change yearly, and the applications of zoning ordinances are just as complex (Gailey 1985). This seeming lack of uniformity prompted the Presidential Commission on Housing (1982) to recommend a national zoning law that would, in essence, deregulate zoning of private property. Additionally, Delogu (1982), in a widely cited paper, called for the complete deregulation of land use. We believe that local control of land use can be effectively utilized and that deregulation would likely result in poor management of natural resources, especially wildlife. In Colorado, we have made effective use of local ordinances and land use regulations. Zoning rules, in particular, are amenable to the protection of wildlife habitat and the development of broad areas in and near urban centers. The critical element in our program is that it is implemented at the local level through and by local government or citizen groups. We believe that programs such as ours depend upon the concept of local control of land use for success. Programs designed at and directed from the state or federal level have not been successful, in our opinion, because they fail to recognize the very basic nature of private property in American political life. We believe that programs of land use control, even if fairly radical in nature, will succeed if they are viewed as local programs, administered by people living close to the land. For example, Weld, Saguache, and Baca Counties are all very rural, agricultural counties in Colorado. All have implemented local soil conservation programs that prohibit, in some cases, the plowing of fragile grasslands. Despite the seemingly controversial nature of these ordinances, none have been seriously tested in the several years they have been in place because, local authorities believe, the rules are designed and directed by local residents. Similar programs directed at the conservation of natural resources, such as wildlife, probably will succeed if they remain under the jurisdiction of local government.


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