Agenda - Planning Commission - 02/02/2012

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October 25, 2011 1Volume 5 I No. 20 Zoning Bulletin NEW YORK The town of Dryden has been sued by a natural -gas company, Anschutz Exploration, "in an effort to strike down a recent zoning law prohibiting gas drilling [in Dryden]." "More than a dozen municipalities in New York have enacted gas -- drilling bans or restrictions amid controversy over hydrau- lic fracturing, or `fracking.'" In the lawsuit against Dryden, Anschutz report- edly contends that the state of New York has the power to regulate the oil - and -gas industry, and local governments only have the power to regulate the industry's use of roads. Source: Bloomberg Businessweek; www.businessweek.com NORTH CAROLINA A new state law has broadened the definition of "farm." The new law "increases the number of ways landowners can prove they operate a farm. One new way is by having a farm number, which is issued by the Farm Ser- vice Agency of the U.S. Department of Agriculture." Reportedly, local of- ficials fear that "in a rapidly urbanizing area, the new state law could cause a problem because of the zoning exemption" particularly when nontradi- tional farming may now meet the "farm" definition and thus be exempted from certain zoning laws. Source: StarNews Online; www.starnewsonline.com WASHINGTON The Western Washington Growtsh Management Hearings Board recently upheld Whatcom County's "one house per two acres" zoning regulation. An "anti - sprawl group," Futurewise had challenged the zoning regulations, argu- ing that it allowed for "too dense of development, precluding rural land uses." The Board found that because the zoning areas were "limited," then " [c] on- tained in [that] manner," the zoning did ° "not pose a threat to the County's ru- ral character." Had the regulation covered "an extensive area," the Board re- portedly agreed with Futurewise that it would have violated state law. Source: The News Tribune; www.thenewstribune.com WISCONSIN The Wisconsin Supreme Court recently heard oral arguments "regard- ing a much - anticipated challenge to the state's livestock siting law." "[T]he Court's decision is expected to establish a precedent as to how the state's livestock facility permitting process interacts with local zoning authority. The law was designed to create uniform rules for siting livestock operations in the state and was enacted with bipartisan support." It is expected that the court's decision will issue in a few months. Source: Dairy Herd Network; www.dairyherd.com 12 © 2011 Thomson Reuters