BILL TEXT

The links below track urban sprawl and smart growth legislation across the states. Please note that SERC does not endorse every aspect of each statute, but rather offers these bills as examples of the ways in which various states are attempting to control sprawl. While all of these statutes take steps in the right direction, it is important to note that most of them lack the regulatory strength to fully solve the sprawl problem. In order for states to effectively control sprawl, a variety of statutes and a comprehensive package of policies are needed. In this respect, legislation in Oregon and Maryland has been the most effective. This policy summary relies in large part on information provided by the Center for Policy Alternatives.

Arizona
HB 2361 requires counties and cities to adopt plans that outline long-term uses of land. It makes local governments accountable for development decisions by requiring that any rezoning of land to accommodate growth must conform to local plans. 

HCR 2027 proposes a referendum to appropriate $220 million from the state general fund over 11 years to purchase state trust lands for open space. The referendum also requires local governments and nonprofit groups using state grants to purchase trust lands in order to provide a 50-50 match with the state so that the amount of land purchased is doubled.

Maryland
SB 389 creates Priority Funding Areas where economic development needs to be encouraged, and reduces the need to develop existing greenfields. The Priority Funding Areas, many of which are urban, receive greater state funding for infrastructure projects, economic development programs, housing programs, and other related projects. 

SB 388 is known as the Rural Legacy Legislation and reallocates state funds to purchase agricultural, forest, and natural areas subject to development pressure. The program is funded with General Obligation Bonds. 

SB 229 introduces a job creation tax credit, which is designed to encourage mid-sized and smaller businesses to invest in Priority Funding Areas. It provides income tax credits to business owners who create at least 25 jobs in the Priority Funding Areas.

Massachusetts
SB 2319 includes the Livable Communities Act, Massachusetts’ “smart growth” bill, as part of a $919 million environmental bond bill. The Act requires state agencies to coordinate their planning, environmental activities, and construction projects. It also rewards participation in regional planning, while discouraging growth in environmentally sensitive areas. The bill promotes local, regional, and state participation in sustainable development planning by providing funding and grant incentives to towns that comply with legislation.

New Jersey
SCR 66 proposes a constitutional amendment to annually dedicate $98 million from the state sales tax over 10 years to purchase lands for recreation and conservation purposes, farmland, and historic areas. The amendment would also set aside $98 million annually for 20 years to repay up to $1 billion in bonds issued to finance open space.

Oregon
SB 100 was passed in 1973 creating the Land Conservation and Development Commission (LCDC) which was directed to establish new statewide planning goals and guidelines. The bill also gave the LCDC the task of coordinating efforts between state and local planning agencies and fostering citizen involvement in the planning process. Goal 14, one of the Oregon’s statewide planning goals, mandated the creation of Urban Growth Boundaries (UGBs) around the state’s cities.

Utah
HB 119, the Quality Growth Act, establishes a quality growth commission and critical land conservation fund, and establishes a state building energy efficiency program.

This package was last updated on August 13, 2003.

State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: info@serconline.org