Traditional zoning has proved ineffective in main- 

 taining open space when pressures of development 

 rise; in addition, it is frequently subject to attack 

 on constitutional grounds when it causes a sub- 

 stantial drop in the market value of land. Zoning 

 should be restricted to cases where (Ij no severe 

 loss of land value will occur as a result of the 

 zoning, or (2) where use of the land will pose a 

 serious threat to health and safety of users. ' " ^ 



Of techniques available, uncompensated regula- 

 tion of land use might be considered at one end of 

 the spectrum, and direct acquisition of the fee 

 simple title at the other. As has been pointed out 

 by many, and most recently by the San Francisco 

 Bay Conservation and Development Commission, 

 land-use controls that combine elements of regula- 

 tion and purchase, such as the compensable 

 regulation technique suggested by Mrs. Strong and 

 elaborated upon by Professors Krasnowiecki and 

 Paul, or the purchase of easements, or the levying 

 of development charges, should be experimented 

 with and used more extensively, for these tech- 

 niques are intermediate controls between the ends 

 of the spectrum, and offer much promise for the 

 future in the totality of management techniques. 



If traditional zoning and other forms of land- 

 use regulation have proven ineffective, it is for 

 reasons other than unavailability of techniques; 

 there is no lack of regulatory techniques or 

 imagination to create new alternatives. Still other 

 land-use regulation techniques should be con- 

 sidered. 



To illustrate the need, concepts of water-use 

 regulation, particularly water pollution control, 

 have shown awareness of the concept of "range," 

 which results from currents, the mobihty of 

 marine organisms, and other natural factors; the 

 marine environment is not a static envirorunent. 



Expressed in legal and management terms, 

 "range" implies regionalization in many coast 

 areas, for the range usually is greater than the 

 geographic limits of any one community, and the 

 actions of one community may have a profound 

 effect upon neighboring communities. This would 

 require change of much land-use regulation juris- 

 diction in the United States, since such regulation 

 is normally administered at the level of local 

 government. 



Op. cit. supra note 91, at ix. 



One criterion, then, for judging the effective- 

 ness of land-use regulation in the U.S. coastal and 

 estuarine zone will be whether the regulation is 

 effective over the full geographic range in which 

 problems of pollution, waste management and 

 disposal, erection of wharves, piers, or other 

 structures in the water, dredging and filling opera- 

 tions, open space, wilderness preserves for scien- 

 tific research, or other areas of interest are found. 



Further experimentation should be undertaken 

 with new techniques of land-use regulation that 

 take advantage of new information that may help 

 in the decisions to be made. For instance, ecolog- 

 ical information is required before the issuance of 

 permits under some of the new wetlands protec- 

 tion laws. As the results of economic, psycho- 

 logical, and health research become available as to 

 the quality, quantity, and proper use of open 

 space in urban and other areas, experimentation 

 with its use in management of the coastal and 

 estuarine zone should be attempted. 



Other agencies and reports have made surveys 

 and discussed the advantages and disadvantages of 

 various land-use regulation techniques in greater 

 detail than is possible here. Such a listing of 

 land-use regulation techniques includes: 



—Open space zoning 



1 . Natural resource zoning 



a. Flood plain zoning 



b. Conservation zoning 



c. Agricultural zoning 



d. Forest zoning 



2. Development zoning 



a. Large lot zoning 



b. Density or cluster zoning 



c. Large-scale development zoning 



d. Zoning for timed development 



—Subdivision control 



—Official mapping 



—Administrative permits 



—Legislative permits 



—Conditions imposed on granting of development 

 permission 



—Techniques combining regulation and purchase 



—State-wide zoning. 



111-125 



