Legislating Sustainable Design: The Challenge of Local Control and Political Will

August 2010
Citation:
40
ELR 10740
Issue
8
Author
Lavea Brachman

Sara C. Bronin's The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States revisits the age-old, American democratic debate of finding the right balance between local control and imposition of a statutory regime for the greater public good. Fundamentally, I agree with the article's premise that state policy powers are generally underutilized in the land use reform context and could be used productively to advance implementation of local green building design and construction. However, I would argue that implementation of this concept faces steep practical and political obstacles, particularly in certain states around the country, and caution that these challenges may dictate a modification in Bronin's recommendation. It will require a different vehicle or process in order for state policy to override "traditional" local land use laws, such as zoning ordinances and design controls, to enable states to "take back their police power" 2 in these areas.

Lavea Brachman, JD, MCP, is Executive Director and a founder of the Greater Ohio Policy Center, a nonprofit organization researching and advancing smart growth, land use, and economic revitalization policies in Ohio. She is also a non-resident senior fellow in the Brookings Institution Metropolitan Policy Program.
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Legislating Sustainable Design: The Challenge of Local Control and Political Will

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