Volume 19.2 Federal Mandates (1994)

One of the greatest challenges facing planners is how to handle the myriad of laws and regulations that are introduced every day. Whether you practice economic development or transportation planning, coastal management or housing development, understanding governmental mandates is becoming an increasingly important skill for today’s planner.

This issue of Carolina Planning focuses on several mandates and their effects on a variety of different planning fields. The articles presented are both prospective and retrospective and discuss federal mandates which impact transportation and land use, air and water quality, and housing and coastal management and range from the relative newcomer, 1991’s Intermodal Surface Transportation Efficiency Act (ISTEA), to the more grizzled Clean Air Act which has its’ roots in California laws passed in the late 1940’s. All the articles, however, share the common theme that planners can not ignore what happens in Washington, D.C.

Editors: Dan Broun, Heidi Tolo Merkel, Patricia McGuire, and Kirsten Springer

A digital version of this issue is available here.

TECHNOLOGY-FORCING REGULATION: THE CASE OF AUTOMOBILE EMISSIONS TECHNOLOGY

Hilkemeyer, Beth

This article presents a brief case study of the 1970 Clean Air Act as a technology-forcing regulation that forced innovation within the automobile industry.

FEDERAL CONSISTENCY AND DISPUTE RESOLUTION

Cogan, Jessica; Imperial, Mark

This article discusses the authority granted to state coastal zone management programs pursuant to Section 307 of the Coastal Zone Management Act. It focuses on the federal consistency process as a tool for resolving intergovernmental disputes. A Virginia Electric & Power Company appeal to the Secretary of Commerce is presented as a case study.

REAUTHORIZATION OF THE CLEAN WATER ACT: THE DAWN OF ENVIRONMENTAL LEGISLATION UNDER THE CLINTON ADMINISTRATION

Bromby, Craig

This article overviews several components of a Clinton Administration proposal to reform the Clean Water Act. The impacts of selected regulations on industries are examined.

NORTH CAROLINA’S COMMUNITIES’ REACTION TO THE 1988 FEDERAL FAIR HOUSING AMENDMENTS

Stein, Eric; Eldridge, Mary

This article examines the Federal Fair Housing Amendments Act, focusing on zoning practices, enforcement, and selected cities’ experience with compliance.

HOME MORTGAGE DISCLOSURE ACT: A TOOL FOR SEPARATING THE WHEAT FROM THE CHAFF

Skillern, Peter

This analysis details a proposal for using existing mortgage lending data required by the Home Mortgage Disclosure Act to measure financial institutions’ performance in lending to minority and low income households.

THE COMMUNITY REINVESTMENT ACT: EXTRAORDINARY LEVERAGE FOR DISENFRANCHISED COMMUNITIES

Warren, Debbie

The CRA’s background, application, stakeholders, and experience in North Carolina are discussed.