Sustainability Law

A common solution to sprawl is stricter zoning regulations. These regulations have been widely adopted and arguably offer the best solution to sprawl.[15] They control the development of areas, usually within a town or county, by establishing concrete restrictions on land use. Traditionally, these regulations aimed to prohibit incompatible uses from occupying the same area for reasons such as public safety. These measures, however, have the potential to combat sprawl by classifying lands in ways that limit or prohibit the development of city fringes, confining expansion to previously established areas.

Despite this potential, opponents may pose significant obstacles to zoning regulations. In a recent Supreme Court decision, a landowner sued a local government arguing that the government’s land use regulations amounted to an unconstitutional taking of his property rights.[16] The landowner argued that local rules—requiring landowners seeking a development permit to remediate the impact of the proposed actions at another location—violated the Fifth Amendment of the Constitution.[17] In a 5-4 opinion the Supreme Court agreed, setting back efforts to preserve land and combat sprawl.