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A Yellow Light For “Green Zoning”: Some Words Of Caution About Incorporating Green Building Standards Into Local Land Use Law, Michael Allan Wolf
A Yellow Light For “Green Zoning”: Some Words Of Caution About Incorporating Green Building Standards Into Local Land Use Law, Michael Allan Wolf
Michael A Wolf
The focus of this essay is a growing practice to which we can attach the label “Green Zoning” — the incorporation of LEED and competing privately generated standards into local government law, as part of the existing zoning or land use ordinance, or as a free-standing green building ordinance. After reviewing some of the pertinent literature on this topic, this essay will highlight and provide illustrations of six problems with Green Zoning practices: 1. The Delegation Problem — Can and should local laws be based on a moving target (standards set by private parties that continue to change and evolve)? …