3.1.0
LAND USE
Land is
a very precious resource, when used wisely; it can be enjoyed by many
generations. Smart use of this finite resource is absolutely essential for a
healthy environment, a dynamic economy and the well being of any community.
Effective land use can help to preserve open space, protect farmland, allow
planned growth without sprawl and provide the quality of life generations can
enjoy in their communities. USDA recognizes that its specific mission of
assisting rural areas goes hand in hand with protecting the resources upon which
these areas are dependent. Basic resources necessary to both farm and rural
settlements include important farmlands and forestlands, prime rangelands,
wetlands, and floodplains. It is USDA's policy to promote effective land use
responsive to current and long-term economic, social and environmental needs and
discourage unwarranted conversion of important land resources to other uses. As
part of the environmental review process, the compatibility of the proposed
project and the considered alternatives with existing land use and land use
plans should be discussed, as well as, possible land use changes that may result
from implementing the proposed project.
1. It is also recognized
that unless carefully reviewed, some proposals designed to serve the needs of
rural communities can adversely affect the existing economic base and settlement
patterns of the community as well as create development pressures on land and
environmental resources essential to farm economics. An example of such a
proposal might be the extension of utilities and other types of infrastructure
beyond a community's existing settlement pattern and into important farmlands
for the purpose of commercial or residential expansion, even though there is
available space within the existing settlement pattern for such expansion. Not
only may the loss of important farmlands unnecessarily result, but the community
may be faced with the economic costs of providing public services to outlying
areas, as well as the deterioration of its central business or commercial area;
the latter may not be able to compete with the newer, outlying commercial
establishments. These results are undesirable, and to avoid their occurrence,
projects designed to meet rural community needs (i.e., residential, industrial,
commercial, and public facilities) will not be approved unless the following
conditions are met:
(a) The project
is planned and sited in a manner consistent with the policies of this section,
the Farmland Protection Policy Act, and Departmental Regulation 9500-3.
(b) The project
is not inconsistent with an existing comprehensive and enforceable plan that
guides growth and reflects a realistic strategy for protecting natural
resources, and the project is compatible to the extent practicable, with State,
unit of local government, and private programs and policies to protect farmland.
(c) The project
will encourage long-term economically viable public investment by fostering or
promoting development patterns that ensure compact community development, that
is, development that is limited to serving existing settlement patterns or is
located in existing settlement patterns, e.g. the rehabilitation and renovation
of existing structures, systems and neighborhoods; infilling of development; the
provision of a range of moderate-to-high residential densities appropriate to
local and regional needs. When these development patterns or types are not
practicable, the development must be contiguous with the existing settlement
pattern and provide for a range of moderate-to-high residential densities
appropriate to local and regional needs. It is recognized that some Rural
Development Community Programs' projects are designed to serve rural residents,
such as rural water and waste disposal systems and, therefore, cannot be limited
in service area to those areas contiguous with existing structures and rural
residents in noncontiguous areas. Any additional capacity within the system
will be limited to meet reasonable growth needs and, to the extent practicable,
be designed to meet such needs within existing settlements and areas contiguous
to them. The conditions in paragraph 1 of this section should not be construed
as advocating excessive densities, congestion, or loss of open space amenities
within rural communities. Desirable living conditions can be obtained under
these objectives along with economic and social benefits for the community and
the surrounding farm operations. Additionally, these conditions should not be
construed as requiring localities to develop plans that contain the conditions
or to so amend existing plans to incorporate the conditions. In any instance in
which these planning conditions or criteria do not exist within the project
area, project reviews will not be postponed until the criteria are adopted.
Rather, projects shall be reviewed and funding decisions made in light of a
project's consistency with the contents of this Guide.