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Full-Text Articles in Law
Community Involvement: Facilitation Adds Flexibility To Land Use Decision-Making, John R. Nolon
Community Involvement: Facilitation Adds Flexibility To Land Use Decision-Making, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate the adverse environmental impacts of those actions. Recently decided New York case law has created flexibility in the SEQRA process by allowing developers, among others, to revamp proposed projects early in the application process in order to expedite SEQRA and save substantial amounts of money. A New York court held that using public meetings to garner information and negotiate different aspects of a proposed project, and a determination of a negative declaration (the proposed project will have no …
Protecting Scenic Assets: Regulations Based On Study, Expert Reports And Rationality, John R. Nolon
Protecting Scenic Assets: Regulations Based On Study, Expert Reports And Rationality, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Many municipalities are seeking to protect scenic assets through a combination of land use tools and implied police powers. These tools include comprehensive planning, subdivision and site plan approval, and in New York, execution of the State Environmental Quality Review Act (SEQRA). An example of scenic protection is North Elba, New York, where the local planning board denied Wal-Mart’s application to construct a store because the store would compromise the viewshed of a nearby mountain. This article reviews the SEQRA process in the Wal-Mart case and also reviews several other methods municipalities may use to protect environmental and aesthetic interests.