Three Case Studies of Lake-Area Growth Management
Prepared for the Deep Creek Watershed (Maryland) Growth Strategy
Project
By
the Growth Management Institute
(Commissioned by ERM, Inc.)
July, 2004
These case studies were prepared as part of
the growth strategy study for the Deep Creek Lake watershed area,
which was concerned with shaping future growth to maintain the quality
of the lake, its environment, and related development. The case
studies aimed to demonstrate a variety of approaches to managing
development in a lake environment. The case studies responded to an
outline of questions and issues.
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Case Study: Lake Arrowhead
General: Lake Arrowhead, located 5,100 feet up in
the San Bernardino Mountains 90 miles east of Los Angeles, has been a
recreational lake for generations, owned and governed by a community
association. Not a large lake, its shoreline was developed long ago
and development has crept up the mountainsides around it. Nearby lakes
as well have attracted development. Visitors come for the lakes and
for ski vacations (Big Bear Lake 25 miles east of Lake Arrowhead has
three ski resorts), allowing the area to market itself as a year-round
vacation mecca. More than 6,000 vacation homes are located along or
near Lake Arrowhead, and 400 guestrooms and 500 cabin-rentals are
available. The area continues to grow, although many of the existing
and new homes are now inhabited year-round rather than seasonally.
Lessons Learned: One lesson is that an asset such
as Lake Arrowhead is not an island unto itself. The Association
tightly controls land use immediately near the lake but the county is
responsible for the roadside environment of access roads and the
development and public service quality of the clusters of development
in surrounding areas. At present it provides little assistance in
maintaining the quality of the Lake Arrowhead experience. Like many
formerly rural counties caught in a growth spurt, San Bernardino
county is only partway up the learning curve for planning to
accommodate development and resolve growth issues. Another lesson is
that issues can arise from the failure to look ahead to potential
long-term problems. Lake Arrowhead opted out of the statewide program
to allocate water resources about 40 years ago and now is without a
fallback position for addressing the decline in the lake water level
due to drought.
1. Setting: Lake Arrowhead was created as a lake
resort in the late 19th Century by damming a stream in the
San Bernardino Mountains. Boise Cascade owned it for decades and
developed Arrowhead Woods around the lake and up the forested
mountainsides. The lake remains privately owned by the Arrowhead Lake
Association, the community association of Arrowhead Woods, which has
10,000 lots of which about 1,000 remain to be developed. The Arrowhead
Lake Association also owns beach clubs, another nearby lake,
facilities at the North Shore Marina, and a strip and lake access
points around the lake.
The area around Lake Arrowhead remains mostly in
the jurisdiction of San Bernardino County, although the Big Bear Lake
area incorporated as a city. The county has adopted some regulatory
measures and is considering more to control the quality of development
and environmental protection. Special districts for water supply,
sewage treatment, and fire protection are the principal service
providers, overlapping with school districts, community association
areas, the Forest Service offices (for the San Bernardino National
Forest), and other types of districts that form a confusing mélange of
public agencies and responsibilities. The fires in 2003 have energized
greater collaboration among these entities.
Lake surface area: 780 acres
Shoreline: 14 miles
Deepest Spot: 185 feet
2. The year-round population in the Arrowhead
Lake area is 11,396 in 2000, up 41 percent from 1990. The summer peak
population can reach as high as 40,000. Housing units increased by 12
percent from 1990 to 2000, a much lower rate than the population
increase and composed almost entirely of year-round homes.
5. The Lake Arrowhead Association owns a strip of
varying width around the lake, allowing the Association to retain
control over lake access. The reserve strips are based on contour
lines for stated distances above sea level (e.g, 5,122 feet to 5,132
feet). Control of lake access helps to ensure that the lake will not
become appreciably more crowded during the high summer season.
6. Boat slips require purchase of boat slip
rights, obtained from the Association, which also requires
notification and payment of fee for transfers of slips and rights,
which may be severable from the lot.
7. Vision: The county’s 1989 general plan
contains language that could be regarded as a vision statement, but it
is very general and now outdated.
8. Vision implementation: The general plan has
many policies that remain to be fully implemented. An example is
consolidation of adjoining special districts to provide better
planning and administration of key services. The head of the
commission charged with promoting such collaboration reports little
progress toward this goal, with districts refusing to consider
consolidation even in the face of demonstrated inefficiencies. The
general plan is currently being updated.
9. Growth concerns: Lake Arrowhead residents
generally believe that the Association’s control over development and
lake access, plus the county’s zoning powers, will effectively manage
growth. However, the 2003 forest fires demonstrated the difficulties
of coordinating actions among the many entities responsible for
providing services. In addition, a problem of rising concern has been
the drop of over 20 feet in the lake water level due to several years
of drought in the area (and in the West in general). The drop means
that lake access is far more difficult and unsightly and lake
recreational use has been affected.
Of immediate concern is a recent court decision
that declared the lake water usable only for recreational
purposes; taken literally, this puts the Lake Arrowhead Community
Services District (providing water and sewer service to the Lake
Arrowhead area) out of business The Association and the CSD are
attempting to work out a compromise solution.
Other growth concerns are due to the rise in use
of new and once-seasonal homes for permanent residence, frequently by
families needing affordable housing. Pressures on schools, roads, and
other facilities have increased without clear-cut ways to build and/or
finance additional facilities. (Many local roads, for example, have
widths, turns and grades wholly unsuitable for improvement to standard
residential use. Impact fees to fund facility improvements are not
collectable on existing homes.)
10. Area management: The community association
managing the Lake Arrowhead Woods development is responsible for
managing services and mitigating nuisances. As might be expected, it
runs a tight ship.
11. Environmental criteria to manage growth:
Existing lots, of which there are a fair number, are grandfathered for
development. Hillside and ridgeline protection will be improved by a
fire safety ordinance just adopted that reduces development densities
based on slopes (30% and above requires 3 acres per du, 15-30% can be
developed at 2 d.u./acre) but there is no hillside grading ordinance.
The tree protection ordinance does not prohibit removal but officials
can negotiate tree preservation during subdivision reviews.
(Tightening up tree preservation regulations is under consideration.)
Development within 200 feet of designated scenic corridors is subject
to special review, guided by rather general criteria..
12. Management of vacation rentals: The
Association office provides a central point for receiving and
responding to complaints.
13. Rental ordinance: none
14. Problems with large residences, including
rentals: At this point, rental units are not viewed as a major
problem. Most homes around Lake Arrowhead were built as modest
second-home cabins decades ago. The steep terrain and concern for
preserving the large trees endemic to the area tend to restrain home
sizes, although some large lakeside homes are now replacing the older
ones.
15. Adequate facilities ordinance: none except
for county areas outside the immediate lake environment.
16. Non residential uses – proportion, prevention
of conversion to residential use? The Association tightly controls
land use around the lake. Most commercial uses on the lake shore are
located in one center, which was expanded a few years ago and provides
a good range of services and a nice overlook to the lake. Other
commercial uses are in crossroads locations outside the area.
17. Enforcement effort: The Association enforces
rules quite strictly.
18. Limits on slope development: see
environmental question 11
19. Forest/tree conservation requirements: same
20 Architectural or scenic controls: same
21. Other aesthetic regulations: none
22. Signage problems/controls: Sign sizes are
restricted and additional controls are placed on signs within scenic
corridors.
23. Traffic problems and solutions: no major
traffic problems
24. Parking problems and solutions: parking
controls for properties
25. Property taxes vs. representation: not a
problem
26. Special empowerment of lake residents: The
Association provides this.
27. Current issues: Decline in water level
due to drought and facility capacity shortages as year-round occupancy
increases.
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Lake Tahoe Case Study
General: The combination of a beautiful lake in a
mountain setting, with famous ski resorts nearby and a gambling haven
on the Nevada side, made Lake Tahoe a national destination for
tourists and a recreation mecca for the San Francisco metropolitan
area. Development around Lake Tahoe, however, has threatened the
lake’s unique clarity and has led to perhaps the most stringent
regulation of any lake area in the United States. Located in two
states and four counties, and among extensive national forest lands,
the lake has been subject to intergovernmental attention for several
decades. Proactive public restrictions on development by the Tahoe
Regional Planning Agency (TRPA) in the 1980s generated major
controversies and long-lasting court actions. TRPA prohibited
development on lands sensitive to degradation and established a series
of environmental thresholds as a measure of developability. TRPA, with
the help of state and federal agencies, is focusing on assisting
property owners in developing and redeveloping areas to adopt best
management practices that would promote achievement of the thresholds.
With the restrictions, little land is left for new development,
numbers of building permits are declining, and buildout is
approaching.
Lessons Learned: Strict regulations imposed by
the TRPA have protected lands sensitive to erosion, loss of
vegetation, and loss of scenic values to limit harmful runoff and
maintain the lake’s clarity. Broad nationwide concerns for protecting
the lake made possible the adoption of such regulations. But TRPA
regulations stirred major political and court battles that have
complicated and drawn out planning and development in the region for
decades. Land deemed suitable for development has become increasingly
scarce, escalating land values and promoting redevelopment of old and
under-utilized areas.
1. Setting: Lake Tahoe lies two-thirds in
California and one-third in Nevada, between the Sierra Nevada
mountains on the west and the Carson Range on the east. The highest
peak visible from the lake is 10,891 feet. The lake surface is at an
elevation of 6,225 feet. Many streams flow into the lake, but it is
drained only by the Truckee River. The water is famously clear, to a
depth of about 100 feet, but water clarity has declined in the past
and maintaining and even improving its clarity is a major purpose for
the stringent regulation of development around the lake.
Surface area: 191 square miles
Shoreline: 72 miles
Deepest part: 1,645 feet
2. Population: The four counties in the Tahoe
Basin have a population of 62,891. From 40 to 60 % of housing units in
the four-county basin are second homes used seasonally (skiing in
winter, boating and swimming in summer).
5. Lake ownership, access control: A movement to
purchase the Lake Tahoe area as a national park in the early part of
the 20th Century did not succeed. As a result, the
lakefront is mainly privately owned and access is controlled by
private owners. TRPA regulations, however, control use of the water
surface, so that boat slips, docks, and similar structures are
rigorously regulated to protect water quality.
6. Boat slips, regulations: see above
7. Vision: The TRPA has adopted strategic
positions over the years in its two compacts, the adoption of
environmental thresholds, the 1987 regional plan, and the 1997
Presidential Executive Order establishing a federal interagency
partnership for coordinated action. The essence of the vision is
maintaining and even improving water quality in the Alpine lake
through careful development and redevelopment.
8. Vision implementation: A general plan and
implementing regulations are administered by the Tahoe Regional
Planning Agency, an intergovernmental organization established in 1969
by state and federal decrees. A new federal/state compact adopted in
1980 established environmental thresholds as the basis for approving
development and required formulation of a regional plan to implement
them. Threshold targets were established for water quality, air
quality, soil conservation, vegetation, fisheries, wildlife, scenic
resources, recreation, and noise.
To protect the lake while the plan was prepared,
TRPA adopted a temporary moratorium on development of “sensitive
lands.” In addition, the TRPA often required costly mitigation
measures for development of properties in non-sensitive areas, using
the thresholds as goals. Especially in the early years, decisions on
developability relied on Forest Service maps of dubious reliability.
Major controversies over these restrictions and conditions led to
numerous court cases filed by angry owners of lake-area properties.
The latest three cases, decided within the past year, reaffirmed the
responsibility of the TRPA to take the actions it had adopted.
In recent years, TRPA’s regulatory posture has
been modulated to focus on proactive approaches to promoting adherence
to the thresholds in developing and redeveloping areas. The
Presidential Executive Order of 1997 required greater coordination
among federal agencies. Also the regional plan is being updated and is
expected to be completed by 2007. The TRPA has moved away from
imposing hard-nosed regulatory requirements to assisting property
owners (the “BMP Retrofit Program”) to employ best practices in
developing or redeveloping properties. To guide this process, the TRPA
prepared an Environmental Improvement Program, listing projects,
programs, schedules, and budgets for implementation actions needed to
achieve the thresholds. Federal funding is available to assist private
owners and public agencies in applying BMPs. Also, property values in
existing urbanized areas have risen to make redevelopment profitable
(redevelopment of rundown low-density development has been a long-term
TRPA policy priority), so that infill and redevelopment is absorbing
substantial amounts of current market demand.
TRPA staff say that development in the basin is
approaching build-out and annual permitting has fallen off, in part
due to the retrofit process, which requires a professional evaluation
and recommendations for applications of best practices on every
building site.
9. Growth concerns: With the latest court
decisions, TRPA appears to believe that growth is being adequately
managed through the threshold and BMP processes. No doubt some private
property owners are still opposed to the TRPA’s strict regulatory
regime.
10. Area management: The City of South Lake Tahoe
is the primary local jurisdiction providing services on the lakeshore.
It has the usual problems of curbing rowdiness, noise, and crime in
the commercial area along the lake, which is complicated by its
bisection by the state line, with gambling casinos on one side and
tourist facilities on the other. Many of the motels and restaurants in
the city are one- or two-story old mom-and-pop places and poorly laid
out, which has stirred interest for decades in redeveloping properties
for more efficient and attractive use of land.
11. Environmental criteria to manage growth: see
above
12. Management of vacation rentals: Rental
housing is available at various places around the lake but not in
major concentrations.
13. Rental ordinance: None
14. Problems with large residences, incl.
Rentals: not a problem
15. Adequate facilities ordinance: always a
factor in reviewing development applications
16. Non residential uses – proportion, prevention
of conversion to residential use. If anything, the opposite is the
case – pressure for greater commercial use of residential properties.
17. Enforcement effort: Not relevant.
18. Limits on slope development: yes – see
discussion of thresholds
19. Forest/tree conservation requirements:: as
above
20 Architectural or scenic controls: as above
21. Other aesthetic regulations: always a factor
in development reviews
22. Signage problems/controls: strictly
controlled
23. Traffic problems and solutions: Traffic a
major problem but air quality concerns prohibit major capacity
improvements. Traffic management to reduce use of cars is an ongoing
concern.
24. Parking problems and solutions: a major
problem but actions are difficult due to air quality concerns.
25. Property taxes vs. representation: not a
major concern
26. Special empowerment of lake residents: not a
major concern except for the overwhelming regulatory presence of TRPA,
which is viewed by some residents as a major contribution for
protecting the lake environment and by others as an infringement on
property rights.
27. Current issues: Tension continues to
exist between regulation property rights, even in little things like
getting a permit for providing a few more boat slips. One continuing
issue is the slowness of the public agencies in completing plans and
approving development, which has been complicated by intergovernmental
conflicts (between the states, within the states, between state and
federal agencies, between federal agencies), inadequate funding, and
what some people believe is poor administration and the motivation of
slowing development.
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Case Study: Lake Winnepesaukee, NH
General: This area was settled in the 1700’s with
several historic villages dotted around the lake. The extensive Lake
Winnepesaukee shoreline was developed with small cottages mostly owned
by residents of central New Hampshire plus a strong contingent from
Boston. It was and is very family oriented and a relatively small
proportion of housing units are rented on a seasonal basis. In
addition to the strong summer season focused on the lake, ski resorts
at Gunstock Mountain on the south side are popular during the winter.
The short summer season and distance from major urban centers tends to
limit “high-roller” types of lakeside development. Lake access in most
areas except the historic villages is hundreds of yards off state
highways, along winding and mostly unpaved roads through wooded areas
strewn with large rocks and boulders.
New Hampshire residents still tend to pursue
public policies by talking issues out rather than adopting
regulations. While some towns have zoning, the state Department of
Environmental Services is responsible for protecting water quality in
the lake, but regulations are not strict and are variably enforced.
Lessons for Deep Creek Lake: Lake Winnepesaukee
demonstrates the problems of adopting and enforcing anything but basic
development standards in an area of highly fragmented, small local
governments. It is also an area where (like Deep Creek) residents are
suspicious of public regulations, which worked when lakeside lots were
plentiful and many of the small cottages were owned by local
residents. But complaints are rising as development absorbs available
lots and, together with redevelopment, is increasingly impacting the
terrain, scene, water quality, and infrastructure. Lacking an
intergovernmental mechanism (the regional planning commission is
strictly advisory), towns are scrambling to respond to voter concerns.
1. Setting: In central New Hampshire, surrounded
by low mountains.
Water surface – 72 square miles or
46,000 acres
Distance around lake – 182 miles
Height above sea level – 504 feet
Islands – 251
The lake surface is smaller than it
seems because the shoreline winds around numerous peninsulas and
coves. The winding shoreline allows for extensive development but
lakefront lots are approaching buildout after relatively rapid
development over the past 20 years or so.
A number of lakefront towns established 200 to
250 years ago prosper as recreation centers during the summer and
year-round residential and service centers. A number of recreation
developments provide lake access, as do many camps. Some year-round
development has taken place in off-lakefront lots.
After the economic downturn in New England
beginning in the late 1980s, development and property values slumped.
A turnaround began in the mid-1990s as the economy, particularly the
Boston economy, began to recover. Small seasonal cottages are being
replaced by large, expensive single-family homes on the lakefront, few
of which are rented. Islands, as well, are being developed. Some
condominium projects have been developed.
Jurisdictions around the lake consist of eight
New England towns, which are about the size of Midwestern townships.
Most are quite rural except for crossroads village centers (some, like
Meredith, really small towns). The start-and-stop growth spurts over
the years have generated few pressures for restrictive regulations.
There is no central public authority for the lake except the regional
planning commission, which has only advisory powers, and the state
Department of Environmental Services, which has regulatory
jurisdiction over all lakes and streams. The Department’s primary
regulatory device for managing development is the Shoreline Protection
Act.
2. Number of Units and Population: According to a
new demographic report by the Lakes Region Planning Commission, the 8
towns with lake waterfrontage had a population of 40,334 in 1990 and
47,370 in 2000, an increase of 17 percent. Of the 31,677 housing units
in the towns in 2000, 11,089 or 35 percent were seasonally occupied.
From 1990 to 2000, the number of total units declined by 11 percent,
from 35,742 to 31,677. Seasonal units during that decade declined by 6
percent, a continuation of decline in seasonal units in the prior
decade. (Staff at the regional commission had no explanation for these
housing unit declines. It is possible that the declines in housing
units from 1990 to 2000 were (1) mostly in rural areas suffering
economic decline, and/or (2) may be offset by increases in
lake-influenced development during the “boom” years after 2000.) From
1990 to 2000 total units in the 30 towns within the entire “lakes
region” increased by 6%.
5. Lake ownership, access control: The
lake depth is controlled by a rather small dam at one end of the lake.
Its height is determined by a tricky balance between providing
downstream water and keeping a lake level suitable for boating,
swimming, and fishing. No jurisdiction owns shoreline rights except
for a few small lakeside recreation areas or parks mostly in the
villages.
6. Boat slips, regulations – “water-dependent”
structures such as docks and wharfs are subject to rules promulgated
by the state DES. As a practical matter, there seems to be little
control over the amount of dockage allowed per lot.
7. Vision: Some towns have prepared general plans
but there is no lakewide vision statement.
8. Vision implementation: none
9. Growth concerns: Some town residents are
concerned about the lack of control over redevelopment of existing
buildings and lots and have formed a committee to urge adoption of
local shoreline acts that they feel would allow better control.
Prominent concerns include the visual impacts of larger houses being
built on lakeshore lots and the automatic grandfathering of setbacks
established by earlier developments. Some town zoning can control
visual impacts but most such control is now done by jawboning rather
than by ordinance.
According to the Moultonboro town office (Moultonboro
has more shoreline than any other town), the DES “has 700 people who
all give you different answers to any question you ask.” Townspeople
believe that DES enforcement of the Shoreline Protection Act is pretty
haphazard and inconsistent. It is apparent that grandfathering of
setbacks and other land controls prevents correction of what are now
understood as poor practices.
10. Area management: Various towns/villages
control nuisances by police and zoning but since most seasonal homes
are single-family on wooded individual lots rather than clustered in
noisy enclaves nuisances are generally not a problem. This is mostly a
family environment.
11. Environmental criteria to manage growth?
The SPA includes environmental criteria and regulations for water and
sewer facilities, including septic tanks and wells, woodland
protection, erosion and siltation, and minimum lot sizes in the
protected shoreland (within 250 feet of the high water mark).
Generally, property owners must get DES permits pertaining to these
features. Aside from septic perc provisions, the regulations do
include several requirements for tree preservation, including
preservation of half the “basal area” of trees within 150 feet of the
high water mark, excluding the building footprint and dead or diseased
trees. No replanting is required.
12. Management of vacation rentals: none.
13. Rental ordinance: none
14. Problems with large residences, incl.
rentals: no regulation of these to my knowledge
15. Adequate facilities ordinance: none, except
through informal negotiations during subdivision approvals.
16. Non residential uses – proportion, prevention
of conversion to residential use. Not a problem here. Except in
villages, where local zoning applies, the shoreline is backed by
hundreds of feet of forest cover over to the main access highways,
effectively discouraging shoreline commercial development except for
marinas. Displacement of residential uses for commercial uses is not
an issue.
17. Enforcement effort: State enforcement is
apparently haphazard and inconsistent. Local enforcement occurs based
on complaints. In these backwoods areas, lots of things slip through
the cracks.
18. Limits on slope development: none except by
personal pressure and in general none is occurring.
19. Forest/tree conservation requirements: see
environmental above
20 Architectural or scenic controls: none
21. Other aesthetic regulations: none
22. Signage problems/controls: Possibly in some
village commercial areas but not otherwise. This is a very seasonal
place.
23. Traffic problems and solutions: NHDOT is
mostly responsible for the major roads in the lake area and is
constantly upgrading facilities to handle increased seasonal traffic.
24. Parking problems and solutions: no major
problems
25. Property taxes vs. representation: not a
problem here
26. Special empowerment of lake residents:
the committee concerned with enacting local controls on shoreline
development is considering some sort of lakewide organization but
nothing firm has occurred as yet.
27. Current issues: No major issues for
the lake as a whole except for a drop in the water level that has
lowered swimming and boating depths to uncomfortable levels in some
areas, especially the small coves.
________________________________________________________________________
Comparative Study of Five Lakes
Summary of Lessons Learned
Our study of five lakes that are undergoing
growth and development identified some experiences with problems and
solutions that might be transferable in some form to deal with issues
at Deep Creek Lake.
Expectations for the Lake Experience: The
natural qualities of the lake settings and water are important to
recreational users at each of the lakes, but development amenities and
services are less widely valued.
- Water quality is an issue in all the lakes.
Lowered or fluctuating water levels that make boating and swimming
less enjoyable are also important issues. Forested mountain settings
are highly valued.
- The presence on or near the lakeside of
convenient and attractive commercial areas appears to be valued
differently at each lake. Lake Dillon and Lake Arrowhead have
established convenient and attractive lakeside community centers
that provide a focus for lakeside activities. The City of South Lake
Tahoe provides a multi-use recreational and service center for this
large lake. Centers at other lakes are so-so affairs, often neither
convenient nor attractive.
- Vision statements to guide future development
usually express expectations for the type of lake experience desired
by most residents. Lacking such statements, lake areas are left to
drift in the current of whatever happens. At this point, only Lake
Tahoe has crafted a vision statement for lake-area development.
- Master plans provide a more specific means of
establishing goals and policies to guide development toward desired
ends, but are not effective unless they pertain to the entire lake
and surrounding area and are implemented through specific action
programs. Lake Tahoe has and is updating such a plan, San Bernardino
County is updating its plan for the Lake Arrowhead area, and Dillon
Lake is preparing one, but lakes Winnepesaukee and Wallenpaupack
have no unified master plans.
- Efforts to optimize the qualities of the lake
experience appear to depend on the alternatives available – the
degree to which the lake serves a unique purpose in the marketplace
or is one of many lakes or similar recreational attractions. Lakes
Winnepesaukee and Wallenpaupack, for example, are in areas having
many lakes, while lakes Dillon and Tahoe are rare in their areas.
Lake Arrowhead is one of several lakes in the area but they serve a
very large metropolitan population.
Use of Public Regulatory Powers: In
general, except for Lake Tahoe, public regulation of development in
the lake areas is not very restrictive except for specific
health-and-safety reasons such as sewage disposal and water supply.
(The exception to this generalization, Lake Tahoe, is recognized
nationwide as a special case due to the need to preserve its pristine
water quality.)
- While some lake-area jurisdictions impose some
requirements for tree conservation and limits on development on
steep slopes and ridgetops, regulations in general are minimal
compared to best practices in some jurisdictions. (Lake Dillon is
preparing more stringent tree conservation and slope regulations.
- Three lakes (Winnepesaukee, Arrowhead,
Wallenpaupack) are located in rural areas unaccustomed to strong
growth management and are reluctant to discourage lake-oriented
economic development.
- Unwanted forms of development (such as on
hillsides) may be forestalled by informal civic pressures in
slow-growing areas with a history of respect for the lake setting.
(Lake Winnepesaukee)
- A local agency or jurisdiction with control
over the entire lake area and a stake in maintaining a desirable
lake environment can strongly influence the quality of development.
(Lake Arrowhead, Lake Tahoe)
- Conversely, lake-based controls split between
several local jurisdictions or between local jurisdictions and state
agencies have more difficulty agreeing on and enforcing controls.
(Lake Winnepesaukee, Lake Wallenpaupack)
- Adopting major restrictions on development
without a supportive constituency can stir major political conflicts
and litigation and complicate the planning processes. (Lake Tahoe)
- Restrictive regulations to protect sensitive
lands (hillsides, scenic areas, stream valleys, etc.) have been
okayed by the courts in most areas, given their importance for
protecting environmental qualities and achieving other community
goals.
Control of Lake Use: Lake access and
structures are viewed as important factors in controlling development
and maintaining pleasant recreational use of lakes:
·
Access and in-water structures are controlled by a
lakewide ownership entity in lakes Wallenpaupack, Dillon, and
Arrowhead, and by public regulation in lakes Winnepesaukee and Tahoe.
·
Local control of lakefront access appears to provide the
most certain control over use of the lake. (Lake Arrowhead, Lake
Dillon)
Reducing Seasonal Impacts: The very
qualities that draw year-round residents to a lake area also attract
seasonal visitors – good news on the economic front but sometimes
unpleasant for day-to-day living conditions. Noisy renters, traffic
and parking congestion, unruly power-boat jockeys, and errant trash
disposal are only some of the problems that arise when the crowds
arrive for summer or winter fun.
- All the regulations in the world cannot be
effective without routine enforcement of rules and requirements –
pleasantly perhaps, but firmly and consistently.
- Like most policing activities, management of
seasonal activities appears to work best if enforced “on the ground”
by local people based at the lake who know the territory and can
become familiar with the types and locales of problems that arise.
(Lakes Arrowhead and Dillon)
The Growth Management Institute
5406 Trent St.
Chevy Chase, Md. 20815
Tel/Fax: 301-656-9560
Copyright (C) 2000, The Growth
Management Institute
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