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

2. 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

3. 1. How are land use planning and hydrofracking related?
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4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

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

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