Implications of hydrofracking in NYS for land use planning Dr. Nancy Becerra-Cordoba Public Policy Department Rochester Institute of Technology

Outline How hydrofracking and land use planning are related How land use (LU) planning works & lies under local authority LU planning as a local tool to deter or encourage hydrofracking Conclusions

1. How are land use planning and hydrofracking related? Image source: http://dryden.ny.us/Zoning/Zoning_Analysis8-NR.pdf

Land use planning and hydrofracking Hydrofracking as heavy industrial use Hazardous materials Private pipelines Waste disposal wells Compressor stations Land use planning Town’s Comprehensive plans Land use zoning Land use ordinances

2. How land use planning works part of City Planning urban planning: local and regional cities’ authority control land use zoning 1920’s – origins of this authority; to control location and proximity of uses The legal basis for all land use regulation is the police power of the city to protect the public health, safety, and welfare of its residents. (Berman v. Parker (1954).) local authorities have final authority in land use

Types of zoning Euclidean zoning Performance zoning Incentive zoning “building block” zoning segregation of land uses Performance zoning “points-based” system credits apply towards established zoning goals Incentive zoning “reward-based system” encourage certain types of development

Broad land use (LU) categories in NYS LU at state level, as defined for tax purposes: Agricultural Residential Vacant Land Commercial Recreation and entertainment Community services Industrial Public services Wild, forest, conservation lands & public parks

Land use planning – local jurisdiccion Local authorities have final authority in land use Definitions, provisions, and restrictions of LU are defined at the local level Banning of a LU or incompatibility of LUs

Land use planning Local authorities have final authority in land use Definitions, provisions, and restrictions of LU are defined at the local level Banning of a LU or incompatibility of LUs

3. LU planning as a local tool to deter or encourage hydrofracking Localities can deter hydrofracking: Ban specifically hydrofracking activities (moratoriums) Use LU zoning and ordinances to Make it an incompatible land use Require public hearings, City Council’s reviews & other requirements before permit construction permits are issued

LU planning to promote hydrofracking LU zoning & ordinances that explicitly include hydrofracking Inclusion of LU hydrofracking provisions in other planning documents: Comprehensive plans; Energy & infrastructure sections Economic development plans Loophole? Differential performance and regulatory settings among localities

4. Conclusions Local LU planning and hydrofracking: Hydrofracking as industrial use Local authority in LU planning Loophole? Differential performance and regulatory settings among localities?

“Local decisions for local communities. How good is that?” QUESTIONS?