Residential, Agricultural, and Commercial Development

Five Categories & Possible Solutions

A. Property Rights

  • Address water affects: downstream impacts and the need for monitoring.
  • Correct lack of enforcement and its upstream impacts.
  • Eliminate trash on stream bank.
  • Address irresponsible people: mechanism to protect resources.
  • Prohibit taking of property without compensation.
  • Protect private property rights.
  • Cease over-regulation of property rights.
  • Apply the same standards to public land as are applied to private land (different standards are currently applied).
  • Address the impact on others of excessive use of fertilizers.
  • Unassigned property rights of air and water need to be assigned.
  • Public property rights: Control activities on adjacent sites which may have negative impacts to the public property.
  • Make CZM boundary delineation.
  • Consider future costs to the public of current pollution.
  • Protect private areas adjacent to public lands.
  • Provide justification of proposed regulations.
  • Control trespassing.
  • Consider current property rights vs. quality of life for future generations.
  • End abuse of private property by the public: use dollars for cleanup.
  • Consider laws that protect private lands vs. public lands impacts.
  • Ability of State to acquire property should be tempered by social and economic impact to local community.
  • Prevent pollution of Lake Michigan to protect property rights.
  • Private vs. public rights: Private actions that affect public lands need to be addressed.
  • Determine how much public land is needed to serve public.
  • Prohibit commercial firms from selling products where the products or packaging cannot be readily recycled.
  • Create stream side buffer zone of 100 feet (research needed): Fit with site specific conditions.
  • Abolish Eminent Domain.
  • Develop information and education program for ecology.
  • Do not take away power of county drainage boards to maintain public drains.
  • Prohibit partial "takings" of private property without compensation.
  • Use voluntary vs. regulatory approach to protect properties.
  • Provide definition of "takings" vs. property rights.>
  • Address Set-Backs: set minimum to area that is affected by erosion and flooding.
  • Protect wetlands by restricting drainage.
  • Consider over-used renewable and nonrenewable resources on both public and private lands: who has the right to use?
  • Require Government to cover costs of private property owners in condemnation action.
  • Develop education program for private property rights.
  • Eminent Domain should be applied to abused property.
  • Develop education program for public property rights.
  • Develop responsibility education for both private and public property rights.
  • Educate farmers to the alternatives to chemicals.
B. Land Use
  • Evaluate excess use of chemicals on residential and commercial vs. farmland.
  • Address land use impact on water (examples: farmland and livestock).
  • Make proper siting of land uses--agricultural, residential, and commercial.
  • Provide regionalization of utilities.
  • Control erosion on the shoreline
  • Planning commissions and zoning bodies should inventory natural resources and plan with them in mind.
  • Should educate the public and planners about ecosystem management. Consolidate land use plans on BMPs (best management practices).
  • Who controls land use in the coastal area? vs. local planning commissions now need new ideas--regional planning?
  • Look at future impact of land use plans.
  • Protect/establish development rights.
  • Need a method of valuation of land--include all land benefits (example: recreation).
  • Control land erosion on developing sites: a. Identify critical streams.
    b. Create buffers.
    c. Monitor impacts.
  • Maintain drains on regular schedule--not only when problems occur.
  • Consider impact of drainage on downstream areas: storm water--watershed
  • Consider impact of new development on existing property owners.
  • Identify: a. Local natural resources areas.
    b. Regional natural resources areas.
    c. State and federal natural resources areas.
  • Use appropriate regional control
  • Compensate landowners for regulation of private property.
  • Determine carrying capacity of shoreline/coastal zone, including no development category.
  • Define carrying capacity of all land uses--highways, farm ground, etc.
  • Non-engineering solutions to "drain problems" should be considered.
  • De-channelize stormwater run-off where possible.
  • Assess "emergency response tactics" (example: spills).
  • Create incentives (examples: revolving fund and low interest loans) for "best management practices" for land use.
  • National Park Service--assess leaseback program affect on owners and tax payers.
  • Develop methods of protecting natural resource areas: a. Purchase by governments to preserve.
    b. Purchase by privately run entities to preserve.
    c. Restrictive covenants with governments.
    d. Restrictive covenants with private entities (land trust).
    e. Leave with the property owner.
    f. Tax breaks for natural resource areas (example: classified forests).
    g. Purchase development rights.
    h. New development set-aside: natural resource areas (examples: park land, wetlands, and open space).
    i. Ordinance adopted by government agency for donations of land to a government agency.
    j. Support methods of protecting natural resource areas.
  • Encourage donation of natural resource areas to park boards, etc. (easements).
  • Apply "buyer beware" to wetlands.
  • Consider impact of restrictive land use issues (example: Conservation Reserve Program).
  • Educate planning commissions (etc.) to consider cumulative impacts of development decisions on present land use and the community.
  • Development should be orderly (example: build where utilities exist).
  • Provide property tax disincentives for maintaining farm ground.
  • Consider impact of private property use on other private property (example: landfills).
  • Adopt Oregon system of prohibiting subdivision development beyond specified radius from city center.
  • Provide public compensation for private abuse of private property having either "public good" components or public impacts.
  • Address upstream containment: a. Establish non-existent containment.
    b. Require for all new activities.
  • Control toxic landfill-- establish permanent "hazardous materials" drop-off areas.
  • Resource base vs. population base park areas (publicly owned) should be resource based. Save if it is worth saving. Include entire ecosystem instead of government boundaries.
  • Provide incentives for organic fertilizers; disincentives on chemical based fertilizers.
  • Coastal zone resource inventory; land owners should be notified (example: wetlands).
  • Land use must protect groundwater aquifers and supplies.
  • Implement buffers in areas other than adjacent to water (example: prairies).
  • Look at NIRPC studies of the 1970s (resource assessment).
  • Separate stormwater from sanitary sewers.
  • Forestry-- Private landowners should have incentives to manage woods properly.
  • Identify funding sources for land use protection.
  • Earmark impact fees for land purchase only.
  • Require developers to pay exactions (impact fees).
  • Require economic assessment of development to show hidden costs, i.e. development in wetland requires extra dollars to maintain drainage.
  • Establish natural area restoration program.
  • Need master plans for future development. Streams, sewers, and drains.
  • Examine types of commercial development and decide which, if any, are wanted.
  • Do not compensate landowners for regulation on private property.
C. Natural Resources and Critical Areas
  • Definition of natural resource areas is needed.
  • Identify and preserve prime farmland as critical areas.
  • Consider adverse impacts on public lands from private areas.
  • Inventory natural resources of coastal zone - include names, places, etc.
  • Lake Michigan is second largest Great Lake.
  • Compensation is not needed for regulation of private areas.
  • Identify for users what can be done with natural resources.
  • Non-monetary valuation system is needed for natural resources.
  • Greenway or corridor is needed to link critical areas--utilize utilities, old railroad rights-of-way.
  • Recognize adverse impacts on natural resources when converted from private land to public land.
  • Recognize entire coastal zone is a critical area.
  • Classify areas, legal regulated to stream-side vs. watershed.
  • Provide protection of private property along public rights-of-way.
  • Promote private protection of natural resources areas.
  • There are no control structures in Lake Michigan resulting in economic damage.
  • Build structures to control the shoreline.
  • Promote development of public transportation to protect natural resources, air quality.
  • Promote reintroduction of native species--flora and fauna.
  • Make natural resources available to handicapped.
  • Protect rivers and valleys by the following methods: a. Purchase by governments to preserve.
    b. Purchase by privately run entities to preserve.
    c. Restrictive covenants with governments.
    d. Restrictive covenants with private entities (land trust).
    e. Leave with the property owner.
    f. Tax breaks for natural resource areas (example: classified forests).
    g. Purchase development rights.
    h. New development set-aside: natural resource areas (examples: park land, wetlands, and open space).
    i. Ordinance adopted by government agency for donations of land to a government agency.
    j. Support methods of protecting natural resource areas. k. Flood plain protection.
    l. Watershed zone protection.
  • Provide protection of natural resource areas from public and private abuse.
  • Develop public education program of natural resource areas.
  • Provide for human use of and live with natural resource areas.
  • Provide reforestation of the coastal zone area.
  • Upgrade use/classification of waterways.
  • Educate residents of potential problems with drilled wells (direct access to groundwater).
  • Promote "infill" development and discourage greenfield development for residential and commercial.
  • Protect groundwater.
  • Provide mitigation by pollutant removal from natural areas.
  • Remove man-made intrusions on Lake Michigan and replace with nonstructural means.
  • Provide natural protection of erodible natural resources vs. traditional dredge and straighten method.
  • Have special site specific monitoring by DNR of development areas-assess needs for future improvement (example: drainage).
  • Develop way to control and regulate ocean-going ships from polluting the lake (examples: bilge and ballast water).
  • Set criteria for rating natural resources and critical areas within the coastal zone.
  • Need to educate developers to chemical overuse--things that are in covenants contrary to resource.
  • Treat yard waste as a resource.
  • Educate the public to what natural resources and critical areas are and why it benefits them to save them.
  • Develop plans to make static resources renewable.
  • Educate the public on home site beautification (example: composting).
  • Implement plans which restrict/eliminate development which causes biological habitat fragmentation.
  • Control erosion damage.
  • Ban new highways in the coastal zone.
  • Educate homeowners on the effect pesticides and chemicals have on natural resource areas and wildlife.
D. Regulations
  • Define public rights vs. private rights.
  • Regulations protect people, private property and public rights in a civilized society.
  • Research needs to be done on past laws enacted but not enforced-- related to work here.
  • Educate public about regulations.
  • Have regulations on file at a central location for easy access and understanding.
  • Address need for people control to allow self-control.
  • Eliminate duplicate regulations.
  • Develop regulations only after full public input.
  • CZM planning provides framework for discovery of duplications and omissions in regulations necessary to protect coastal resources.
  • Regulations usually result from failure of the system to prevent disasters and abuses.
  • Laissez-faire does not work and will never work.
  • Regulations are needed that are clear and simple to understand.
  • Regulations are needed to protect access by the public to water and resources.
  • All federal, state, and local regulations should be at a one-stop shopping location.
  • Educate the public on the reasons for regulations.
  • Better planning can prevent regulatory requirements.
  • Simplify the application process when regulations apply to coastal activity.
  • Regulations and regulators need to be accountable.
  • The purpose of regulation is to encourage compliance and good behavior--not to seek violators.
  • Apply regulations equally across the board--no special treatment.
  • Provide public access to records of violations of regulations.
  • Knowledge--F.O.I.A regulations to control violations.
  • Determine what are the laws on groundwater.
  • Re-evaluate conservancy districts.
  • Eliminate obsolete regulations.
  • Indiana needs better regulations for its Lake Michigan waters and submerged lands.
  • Basic purpose of regulations is to protect overall public interest.
  • Since CZM concerns resource violations against resources, that can be deleterious to large numbers of people, implement regulations and solutions now. (Err on the side of caution.)
  • Provide access by 1-800-number to and by all regulatory agencies.
  • Resolve conflict between fish and stormwater run-off (example: Salt Creek solution): a. Protection of flood plain.
    b. Protection of wetlands.
    c. Protection of adjacent slopes to watercourses from erosion.
    d. Reducing speed of stormwater run-off.
  • Establish regulations to protect from harmful exotic species (example: zebra mussels).
  • Effectively regulate bacterial pollution and human sewage that prevent recreation.
  • Consider regulations cause vs. effect.
E. Pollution and Pollutants
  • Control: siltation, grease, soaps, and trash (nonpoint source pollution).
  • Strengthen septic regulations (examples: minimum lot size, soil type, slope of site, permeability, aeration, and water table).
  • Control nonpoint source pollution: bio-sides (examples: pesticides and herbicides) and tensides (examples: detergents and other surface- active agents).
  • Publish the names of pollution violators.
  • Stop land pollution by confining development to areas with available sewer and water services.
  • Identify nonpoint pollution sources before implementing controls over nonpoint source pollution.
  • Stress source "prevention" over end-of-pipe control.
  • Regionalize sewer treatment plants.
  • Update septic tanks used by commercial users.
  • Separate industrial waste streams from all others.
  • Catalog private, semi-private, and public sewer treatment plants.
  • Reward and promote "good pollution control" activities.
  • Require nonpoint source pollution control measures on agriculture.
  • Require nonpoint source pollution control measures on development.
  • Reduce agricultural pollutants by livestock control, riparian filter strips, etc.
  • Agricultural producers do control pollution.
  • Use biological control methods where feasible vs. engineered controls.
  • Enforce laws concerning littering and invasion of private property.
  • Reduce pollution by source reduction.
  • Enforce "best management practices" for building sites and developments.
  • Do agency follow-up to assure that "best management practices" have been implement with respect to building sites and development.
  • Strengthen local enforcement "best management practices" and establish accountability through planning commissions (example: require bonding).
  • Eliminate pollution to practical levels.
  • Pollution control should be based on health standards.
  • Promote funding to develop and support biological agents and removal of pollutants from waste streams.
  • Consider pollution as wasted resources.
  • Concentrate on recycling.
  • Investigate methods of recovering, recycling, and reusing waste materials.
  • Promote the use of bio-degradable and photo-degradable materials.
  • Pollution control should be based on concern for aquatic resources,like flora and fauna.
  • Educate the public concerning the reasons for including "biota" as indicator species for standards.
  • Promote publication of the real cost estimates of pollution.
  • Promote publication of the real indirect cost estimates of pollution.
  • Promote conservation.
  • Educate public officials to the importance of pollution prevention (especially at election time).
  • Promote reduced consumption.
  • Encourage local media to report on pollution issues in the coastal area.