Law Commons^™

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

From Planning To Passing: The Amherst, Massachusetts Plastic Bag Ban, Kevin J. Hollerbach

Student Showcase

This case study will detail the background and influences for a plastic bag ban in the town of Amherst, outline the steps taken from planning to passage, and address roadblocks and missteps that may be avoided with the implementation of future bans. It is my hope that this document will not only serve as a guide, but also an inspiration for additional local action in Massachusetts and across the country. No matter what the national political climate or attitude towards environmental issues, local action is always possible, and change is usually easier than you think. Think globally, act locally!

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly.

Based on review of climate projections for the …

Visual Preferences For Wind Turbines: Location, Numbers And Respondent Characteristics, Kristina Molnarova, Petr Sklenicka, Jiri Stiborek, Kamila Svobodova, Miroslav Salek, Elizabeth Brabec

Elizabeth Brabec

There is a dichotomy in the view of wind farms among members of the public: on one hand, there is a desire for renewable energy sources, and on the other hand, there is a major concern about the visual impact of wind turbines used for power production. This concern for visual impact is a major factor in the reaction of the public to the development of new wind farms. Our study aims to objectify this influence and to establish the factors that determine how people evaluate these structures. We tested the visual quality of landscapes in which these structures are …

Bioretention: Evaluating Their Effectiveness For Improving Water Quality In New England Urban Environments, Mary Dehais

Masters Theses 1911 - February 2014

Nonpoint source (NPS) pollution is one of the leading causes of water quality problems in the United States. Bioretention has become one of the more frequently used stormwater management practices for addressing NPS pollution in urbanized watersheds in New England. Yet despite increased acceptance, bioretention is not widely practiced. This study explores and evaluates the efficacy of bioretention for protecting urban water quality.

This research found that numerous monitoring methods are used by researchers and industry experts to assess the effectiveness of stormwater best management practices (BMPs) and low impact development (LID) practices that include bioretention. The two most common …

Local Surface Water Policy Under Conditions Of Climate Change, Elizabeth Brabec, Elisabeth Hamin, Chingwen Cheng

Elizabeth Brabec

Climate change means two things for local stormwater managers – that storm events will become more severe, and rainfall will, in many instances, become more erratic, causing enhanced periods of drought and flood. Two approaches are needed to deal with the eventualities: mitigation and adaptation.

While urbanization increases stormwater runoff and decreases the lag time of stormwater discharge, there is also a resulting lack of infiltration and reduction in evapotranspiration (Brunke and Gonser 1997). Stormwater detention, retention and infiltration have attempted to compensate, resulting in the concentrated point location infiltration of stormwater, which replenishes groundwater and baseflow. Equally important to …

Remnants Of Medieval Field Patterns In The Czech Republic: Analysis Of Driving Forces Behind Their Disappearance With Special Attention To The Role Of Hedgerows, Petr Sklenicka, Kristina Molnarova, Elizabeth Brabec, Peter Kumble, Blanka Pittnerova, Katerina Pixova, Miroslav Salek

Elizabeth Brabec

Remnants of medieval field patterns, called “pluzina” in the Czech Republic, are valuable historical landscapes, similar in character to the bocage landscapes typical for some countries in Western Europe. The original historical pattern of fields and meadows has persisted due to the stabilizing network of hedgerows. As in other countries, the development of these medieval fields in recent decades for intensive agriculture or residential purposes has led to their dramatic decline. This study evaluates the dynamics of the development of medieval pluzina hedgerows during the second half of the 20th century in the Plzen Region of the Czech Republic, using …

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Elizabeth Brabec

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Landscape Architecture & Regional Planning Faculty Publication Series

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of Us Approaches, Elizabeth Brabec, Peter Kumble

Elizabeth Brabec

Since 1978, studies by the International Joint Commission (the bi-national commission mandated to protect the Great Lakes) have shown increasing water quality stress due to urban non-point source pollution. The key question for the IJC today, as an international commission with no direct enforcement power, is how the IJC can be effective in getting the parties and their jurisdictions to improve management of non-point source pollution issues when the land use trigger is primarily a local government issue. To begin to answer this question, the primary objective of this current study is to assemble the latest data and analysis on …

Meridian Hill Park: The Making Of An American Neoclassical Landscape, Elizabeth Brabec

Landscape Architecture & Regional Planning Faculty Publication Series

The neoclassical design was the dominant design movement in landscape architecture at the turn of the last century, dictating the form and design of public parks for most of the first half of the twentieth century. Meridian Hill Park, located just north of the White ouse in Washington, DC, is considered the most ambitious neoclassical park ever conceived in the United States. The paper provides an overview of the design development of the park, illustrating how classical design precedents were used to create a contemporary neo-classical park.

Impervious Surfaces And Water Quality: A Review Of Current Literature And Its Implications For Watershed Planning, Elizabeth Brabec

Elizabeth Brabec

Impervious surfaces have for many years been recognized as an indicator of the intensity of the urban environment and, with the advent of urban sprawl, they have become a key issue in habitat health. Although a considerable amount of research has been done to define impervious thresholds for water quality degradation, there are a number of flaws in the assumptions and methodologies used. Given refinement of the methodology, accurate and usable parameters for preventative watershed planning can be developed, which include impervious surface thresholds and a balance between pervious and impervious surfaces within a watershed.

Agricultural Land Fragmentation: The Spatial Effects Of Three Land Protection Strategies In The Eastern United States, Elizabeth Brabec, Chip Smith

Elizabeth Brabec

Fragmentation of agricultural land by urban sprawl affects both the agricultural production capacity of the land and its rural scenic quality. In order to assess the resulting fragmentation of the three most common types of agricultural land conservation tools in the United States, this study analyzes the spatial form of three land protection strategies: a purchase of development rights (PDR) program, a clustering program and a transfer of development rights program. By assessing a series of measures of success such as total acreage protected, size of parcels, contiguity and farming status, the study compares the effectiveness of programs that have …

Meridian Hill Park: The Making Of An American Neoclassical Landscape, Elizabeth Brabec

Elizabeth Brabec

The neoclassical design was the dominant design movement in landscape architecture at the turn of the last century, dictating the form and design of public parks for most of the first half of the twentieth century. Meridian Hill Park, located just north of the White ouse in Washington, DC, is considered the most ambitious neoclassical park ever conceived in the United States. The paper provides an overview of the design development of the park, illustrating how classical design precedents were used to create a contemporary neo-classical park.

Can We Protect Agricultural Land And The Scenic Rural Landscape? The Spatial Effects Of Three Land Protection Strategies In The Eastern United States, Elizabeth Brabec, Chip Smith

Elizabeth Brabec

In order to assess the efficacy of the three most common types of agricultural land conservation in the United States, this study analyzes the spatial and visual quality of a purchase of development rights program and two regulatory programs — cluster and the transfer of development rights. The study compares the effectiveness of programs that have been in place for periods of 6 to 18 years, surveying three different communities in the urban fringe: 1. the transfer of development rights program in Montgomery County, Maryland, in effect since 1981, 2. Riverhead, New York’s farmland development rights acquisition program, administered by …

Fragmentation, Impervious Surfaces And Water Quality: Quantifying The Effects Of Density And Spatial Arrangement, Elizabeth Brabec, Paul Richards, Stacey Schulte

Elizabeth Brabec

Impervious surfaces have for many years been recognized as an indicator of the intensity of the urban environment and, with the advent of urban sprawl, they have become a key issue in habitat health. In addition to the direct impacts to water quality, impervious surfaces fragment open space and habitat and are therefore a primary land use indicator of both water quality and ecological degradation. This paper develops an understanding of the land use planning implications of the interaction of impervious surfaces, water quality and the spatial form those surfaces take in a watershed. In order to clarify these relationships, …

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Elizabeth Brabec

No abstract provided.

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Landscape Architecture & Regional Planning Faculty Publication Series

No abstract provided.

Impacts Of Land Use Laws And Policies Massachusetts State Superfund Program, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The reason for this report was to examine the Massachusetts state Superfund law, and the statutory remedies that Massachusetts relies on to recover the cost associated with the cleanup of oil and hazardous materials released into the environment.