Inclusionary housing in the California coastal zone

Abstract

This article evaluates the performance of the California Coastal Commission's inclusionary housing program by examining: (1) the scope of the housing regulations, (2) initial permit decisions on residential projects, (3) the disposition of these permits overtime, and (4) the composition of completed projects and a best‐case projection of possible project completions. Using a case study of Southern California, factors affecting program success are discussed, including the effects of the various regulations, the availability of project subsidies, local government permit policies, and housing market fluctuations. The authors conclude that such state regulatory programs cannot be expected to succeed in urbanized coastal areas without incentives for developers and augmented state agency authority, superseding local land use controls.     

Thermidor in land use control?

Abstract

In June 1987, the U.S. Supreme Court in Nollan v. California Coastal Commission held against the California Coastal Commission. Did this legal landmark signal the rise of a new, conservative jurisprudence of takings? And if yes, did that imply the demise of what had been accomplished by the so‐called quiet revolution in land use control that swept the country in the late 1960s and early 1970s? The complexities of this case cannot be understood apart from the historical evolution of the Coastal Commission's policies through the 1970s and 1980s, particularly its coastal access policies. Because of these policies the Coastal Commission, since its inception in 1972, has been subjected to all kinds of criticism, but at the same time has been widely praised for its balanced approach. These varying assessments of the role and record of the Commission also underly the conflicting viewpoints and arguments of Justices Scalia, who wrote for the majority in Nollan, and Brennan, who filed an extremely strong dissent. The resulting legal uncertainties, added to the political setbacks suffered from a lukewarm legislature and a hostile governor, forced the Commission to temper its assertive mission of maximizing coastal access, at least for the time being.     

CZM in California: Successes and Challenges Ahead

California has a forty-year history of successful coastal zone management. The San Francisco Bay Conservation and Development Commission, the California Coastal Commission, and the State Coastal Conservancy have protected and made accessible hundreds of miles of shoreline. While each agency has played a critical role, this article focuses on the Coastal Commission. Implementing the California Coastal Act, the Coastal Commission has partnered with local government, other agencies, nongovernmental organizations (NGOs), and the public to concentrate new development in already developed areas, and much of the rural coastal zone looks as it did in 1972. The Commission has protected and expanded public shoreline access through its regulatory actions. Using strong ecological science the Commission has protected a wide variety of sensitive habitats and wetlands. And under the authority of the Coastal Zone Management Act, the Commission has reviewed thousands of federal projects to assure that they are consistent with the Coastal Act. Challenges continue, though, including population growth, sea-level rise, and inadequate funding to update local coastal land use plans to address new issues, such as climate change adaptation. New investment is needed at the national, state, and local level to continue the success of the California program.     

Conservation and development in Oregon's coastal zone

Abstract

Coastal zone management in Oregon is based on the state's general land‐use law. This body of law is designed to deal with population increase, urbanization, and preservation of agricultural land, as well as with other problems throughout the state. Early planning and policy recommendations for the coast were in the hands of a commission having predominantly local membership. This commission produced an extensive series of studies, policies, and recommendations which were assembled as a proposed management tool for natural resources. Staff of the commission was then absorbed into the state land‐management agency, which developed final goals and guidelines for compliance with the Coastal Zone Management Act. Adoption of the coastal goals in December 1976 has triggered deadlines for local government compliance within the coastal zone. The management program is now undergoing federal review.     

Agricultural land preservation: The case of Carlsbad,California

Abstract

The purpose of this article is to describe a program of agricultural land preservation in Carlsbad, California. This program focuses on agricultural subsidies and has been adopted and certified by the California State Coastal Commission and is scheduled for implementation on January 1, 1982.

This subsidy program is a variation of development rights transfer. Although no property rights are actually transferred, owners of land designated for agricultural use are subsidized by fees imposed on land designated for potential conversion to residential use. The Carlsbad program is placed into context by means of a brief review of similar proposals which attempt to preserve agricultural land in a fair and equitable manner.

The importance of agricultural land preservation is emphasized through discussions of urban development pressure, the significance of agriculture in the Carlsbad coastal zone, and the work of the California State Coastal Commission.     

The Sefton Coast Management Scheme: Project and Process

Abstract

The Sefton Coast Management Scheme in northwest England uses an area‐based project to achieve coordinated land management. It is founded on the ‘'Heritage Coast'’ model pioneered by the Countryside Commission where a ‘"Project Officer”; is employed to promote the Scheme and translate the aims into practical achievement. The Sefton Coast is described and a summary of British coastal planning policy precedes a detailed analysis of the Scheme. The Scheme is assessed with reference to practical management work, its success in competition for scarce financial resources, and the involvement of volunteers. It is established that the Project Officer is crucial to the success of the Scheme and that area‐based management can best be achieved through the local government planning process. Coastal planning needs now to be reviewed at national level to develop a policy for the whole coast using the experience of projects such as the Sefton Coast Management Scheme.     

The Quiet Revolution in Visual Resource Management: A view from the coast

Abstract

This introductory piece traces the growth of knowledge and activity associated with visual resource management in general. A specific framework of questions regarding methods of coastal zone visual resource management is presented. The state‐of‐the‐art in methodological studies is listed for each question, and the methodological questions are related to the major articles with the special issue of the Coastal Zone Management Journal. Major legal federal statutes, state statutes, and court cases are reviewed in light of visual resource management in the coastal zone. The remaining articles within the special issue that deal with integration of VRM into decision‐making are then arrayed against a management framework. This framework includes regulatory situations for (1) public land management and planning, (2) public projects involving private lands, and (3) public regulation of private projects.     

Guidelines for urban development in Louisiana's coastal wetlands

Abstract

Coastal Louisiana is currently experiencing extensive urban growth as its natural resources are exploited. Such growth is projected to continue for the foreseeable future. This article examines problems encountered in developing wetland areas for community use. The urban development process in the coastal zone is examined using a problem‐identification methodology. This methodology consists of examining each of the stages of wetlands development sequentially, determining potential problems and their results, and specifying how the regulatory system for urban development needs strengthening in order to mitigate these problems. For those development practices determined not to be regulated at all or inadequately regulated, local ordinance amendments and other restrictive measures applicable to specific development stages are proposed. The study concludes with a brief discussion of a goals‐oriented process for deriving future urban development regulations for the enhancement of regional planning efforts.     

Coastal zone management from an administrative perspective: A case study of the san francisco bay conservation and development commission

Abstract

Competent administration of the Coastal Zone Management Act of 1972 (CZMA) must proceed on an informed understanding of the organization styles and capacities of agencies presently dealing with similar problems. One such agency, the San Francisco Bay Conservation and Development Commission (BCDC), the forerunner of the California model of coastal management, is analyzed here to shed light on where we are headed and what we can expect administratively as the CZMA becomes an operation reality.

The major administrative insights offered fall into the areas of: (1) effectiveness assessment‐the BCDC's success is systematically defined and measured, and a discussion of what effectiveness evaluation implies in the area of coastal resource management is undertaken; (2) understanding organizational success—the BCDC's administrative style is analyzed in terms of the synergy which has been created between its organizational structure and decision‐making process; and (3) implications of agency success—which of the BCDC's lessons are most valuable and how these can be applied to other situations are shown.     

Federal consistency and state expectations

Abstract

The requirement in the Coastal Zone Management Act of 1972 that federal projects be consistent with approved state coastal zone management programs is an important incentive for states to complete their programs. As a condition of program approval, states must first consult with the federal agencies concerned and provide opportunities for comment, with the hope of avoiding conflicts. The consistency requirement is also subject to various exceptions whose scope remains to be determined. One such exception of uncertain extent is the exclusion from the coastal zone of federal lands “the use of which is subject solely to the sole discretion ... of the Federal Government....”; Despite these uncertainties, however, the consistency provision represents a major change in federal policy, which has traditionally allowed federal agencies to operate largely without concern for state land or water use requirements.     

Management considerations for accreting shorelines

Abstract

Natural coastal accretion in the United States occurs at river mouths, spits across embayments, inlets, capes and cuspate forelands, and pocket beaches. Human‐induced accretion occurs updrift of groins and jetties, landward of breakwaters, and in locations which are artificially nourished. Coastal accretion is usually temporary (years to tens of years). Erosion may occur due to deflection of streams and tidal current channels or to changes in sea level, weather patterns, or sediment budgets. A focus on ownership disputes or use of accreted land draws attention away from the long‐term problem of the development of land which may be subject to future erosion. Control mechanisms should be in place to direct development on accreting shorelines to make more effective use of the resource.     

Model coastal zone statute

Abstract

This model statute sets out a mechanism for the management of the coastal zone by the coastal states. It provides a possible state response to the Coastal Zone Management Act of 1972. The authors recognize that most states presently have some form of management or legal control over their coastal zone, and the model statute has been written with the intention that all or parts of it could be adapted to the wide variety of state regulatory schemes with the aim of providing unitary management to the valuable resource of the coastal zone.     

Implementing coastal zone management: 1972–1990

Abstract

The implementation history of the Coastal Zone Management Act offers insights into the process of long‐term intergovernmental policy implementation. This five‐stage history is explained as a coproduction process, in which coastal state, environmental, and development advocacy coalitions interacted with congressional committees and the federal coastal office to shape coastal policy and manage coastal development. The coproduction approach proved invaluable during the Reagan assault on the coastal program, when the states and Congress assumed responsibility for keeping the program alive. Acknowledging underlying stakeholder dynamics as the basis for coastal program evaluation could strengthen future coastal management implementation.     

Response of coastal zone management programs to sea level rise in the United States

Abstract

State coastal zone management programs are responding to the potential impacts of accelerated sea level rise through a wide range of activities and policies. This article provides a brief overview of the Coastal Zone Management Act and other federal laws that provide the basis for coastal state regulatory activities. It surveys the level of response to sea level rise by state coastal management programs in 24 marines coastal states, from formal recognition to implementation of policies addressing the issue. Individual state CZMP responses and policies that have been implemented or proposed are categorized. The adaptation of sea level rise to ongoing institutional objectives is discussed and policy constraints and trends are summarized.     

Boundaries of the coastal zone: A survey of state laws

Abstract

A survey of coastal state legislation reveals several types of statutes affecting activities occurring in coastal regions: Coastal management statutes, wetland statutes, and shoreline statutes. Each coastal state has adopted methods to delineate coastal areas or features, whether an entire coastal zone, a limited feature such as wetlands, or shorelands. Boundary delineation is done according to linear measurements, political boundaries, roads and highways, vegetation, elevation, tidal flow, and other factors. An appendix is provided containing state statutory provisions relating to boundary‐delineation techniques.     

The heritage coast program in England and Wales

Abstract

The Countryside Commission for England and Wales has adopted a coastal management system that identifies high‐value scenic areas and manages these as Heritage Coasts. The Heritage Coast program is a collaborative one between central and local government, with the central government providing technical expertise and half the funds and local authorities providing development control and staff. The approach has been successful in having most of the important scenic areas designated as Heritage Coasts, but has been less successful at getting active on‐ground management on the coasts. Less than half the defined Heritage Coasts have management plans or Heritage Coast staff. Reasons for the slow adoption of the program are discussed.     

Israel's coastal program: Resource protection through management of land use

Abstract

Presently, much of Israel's 190‐kilometer‐long Mediterranean coast is either unoccupied, devoted to unsuitable uses, or is in use by activities which have no special need to be near the water's edge. This has resulted from years of lack of appreciation by policy‐makers of the coast as a valuable resource, of national development policies that directed attention to other regions, and of the relatively limited demand for coastal recreation.

In the last decade the importance of these factors has diminished. In turn, there is now mounting pressure for the development of coastal land. Increasingly, rising standards of living with a greater demand for recreational facilities, the growth of tourism as a major industry, and demands of the environmental lobby for conservation of part of the coastal land are factors bound to cause intensive change along the coast and to affect the quality of its resources. These trends have brought about public intervention in deciding the future of the coast. This paper reviews and analyzes Israel's coastal policy and its resource management programs, and also discusses the potential challenges to their full implementation.

Three types of programs were suggested as the main management tools: a coastal research and development effort, national coastal land use planning and pollution prevention, and monitoring and control programs. Major objectives of the programs were to be achieved through land use controls. Consequently, an important role is given in the development and implementation of the coastal program to agencies responsible for the management of physical land use planning and development.

Successful implementation of the management program, however, will depend on the ability of its administrators to coordinate the actions of many interests, on success in changing attitudes among decision‐makers as to the value of the coast, and on widening support for coastal resource conservation among a presently uninvolved public.     

Vertical evacuation in hurricanes: An urgent policy problem for coastal managers

Abstract

Evacuation inland ("horizontal evacuation") is the traditional method of saving life in areas forecast as the site of hurricane landfall. But “high confidence”; warning time is only 12 hours, while some coastal areas are now so densely populated that twice that time is required for evacuation. Coastal managers must therefore risk the ire of local citizens “unnecessarily”; evacuated early, and the associated risk that several false alarms will reduce citizen compliance, or the risk that evacuation will be too long delayed.

The alternative of vertical evacuation (going upstairs in hurricane‐proof buildings) is resisted by planners who are concerned that its risks are too high and that partial acceptance of the concept would vitiate compliance with the horizontal component. But in some areas there may no longer be a choice: prudent coastal managers must determine the potential need and capability for vertical evacuation in their areas. Effective integration of both vertical and horizontal evacuation will require development of new plans and policies.     

A Local Transboundary Approach to the Governance of Mediterranean Coastal Borderlands

Abstract

Coastal borderlands are subjected to particular socioeconomic, political and environmental dynamics in Europe and worldwide. The presence of the international boundary in these areas poses challenges in the process of Integrated Coastal Zone Management (ICZM). The aim of this paper is to explore the existence, characteristics and the role that local cross-border cooperation plays in transboundary coastal zone management as well as the resulting potentialities of local endogenous development for improving the management and governance of the tourism sector, coastal development, fisheries and marine protected areas in the Albera Marítima (Northwestern Mediterranean). The applied methods included document review, statistical information and semi-structured interviews. The research shows that local agents are not capable of developing a stable cross-border network due to persisting lack of trust, weak joint strategic vision and high competitiveness in sectors like fishery and tourism. Based on particularly interesting initiatives occurred in Albera Marítima and other successful experiences in Mediterranean coastal borderlands, a proposal has been made to implement several measures, including a transboundary integrated coastal plan, the joint observatory of fishery resources and a scientific network platform. For the aforementioned issues, the study contributes to the ICZM literature by providing a new perspective on local transboundary cooperation.     

Pushing the CZMA Envelope: California: The First State to Litigate the New Federal Law

As noted often by the former California Coastal Commission Executive Director Peter Douglas, the history of how the California coast was saved is a great repository of untold stories. Although the Commission has had a dramatic and tangible impact on California's coastal geography, the public is largely unaware of many of its early accomplishments. This article begins to chronicle the rich stories of California's coastal legacy by telling the story of how the Commission utilized the Coastal Zone Management Act (CZMA) to prevent Southern Pacific Railroad from developing a seven-mile stretch of the Monterey Bay shoreline. In so doing, the Commission helped make possible the creation of the Monterey Peninsula Recreational Trail, a public bicycle and pedestrian path that has grown to sixteen miles in length and runs through the heart of John Steinbeck's world-famous Cannery Row. The controversy also was the subject of the first judicial challenge of a state's federal authority under the CZMA and precluded private commercial and residential development that would have dramatically altered the urban form of the Monterey Peninsula. It is important to tell the story as the Coastal Commission's role in this remarkable accomplishment has been almost completely overlooked.