State Environmental Policy Acts: Local Decision Making and Land Use Planning

Abstract

In recent years many states have adopted state environmental policy acts (SEPAs) patterned after the National Environmental Policy Act (NEPA). The key feature of this legislation is the requirement for an environmental impact statement for major governmental activities significantly affecting the environment. Under some state statutes local governments must prepare impact statements on zoning or permit-issuing activities. Thus, the impact statement requirement can directly affect local land use planning. After an overview of state legislation and administration, the author discusses the relationship between impact statement requirements and the land use planning process. It is argued that the impact statement is a decision-making tool which promotes better information gathering and more open government. Viewed in this fashion, the impact statement process complements the land use planning process and should not be considered as either an additional, unnecessary burden or a substitute for effective policy making in land use planning.