[CPEO-MEF] OEA's Joint Land Use Study

[Aimee Houghton <aimeeh@cpeo.org>]

[The following comes from the ICMA Military Discussion
List.  Encroachment, at least here in Washington, DC is continuing
to get increased attention within in the Pentagon.  --Aimee]  


JLUS:
The Defense Office of Economic Adjustment (OEA) -- the office
responsible
for assisting communities in adjusting to changes at neighboring
military
installations -- manages a somewhat unknown program called JLUS (Joint
Land
Use Study), which has been in operation since 1985. ICMA Military
Programs
staff recently met with OEA officials to discuss JLUS and other
programs.

PURPOSE:
JLUS is "a cooperative land use planning effort between
military
installations and the surrounding communities". The purpose of this
program
is to help fund the joint work of communities/municipalities to
prevent
encroachment of "incompatible" civilian development near active
military
bases -- particularly issues brought about when there is civilian
residential development in high noise impact and accident potential
zones
such as noise, smoke, dust etc..., which can extend off base and affect
the
civilian community -- by using effective zoning and other land use
control
schemes. JLUS recommendations present "a rationale and
justification, and
provide a policy framework to support adoption and implementation 
of
compatible development measures to prevent encroachment, safeguard
the
military mission, and protect human health, safety and welfare. OEA
is
authorized under "Title 10 USC Sect. 2931" to provide technical
and
financial assistance to State and local governments when: "the
Secretary of
Defense determines that the encroachment of the civilian community is
likely
to impair the continued operational utility of the military
installation."

PROCESS, COSTS and ASSISTANCE:
Military services "nominate" installations they believe are
experiencing
encroachment/incompatible development problems to OEA. OEA visits
the
installations to evaluate the situation, and meets with the base
commanders
and local government officials. A JLUS can proceed ONLY if there is
buy-in
from both the base command and the local
government(s)/jurisdiction(s)
involved. Ultimately the JLUS is intended to be the community's
planned
response to the presence of the installation. 

If the process proceeds, JLUS relies on the military Air
Installation
Compatible Use Zone or Environmental Noise Management Program
(AICUZ/ENMP)
studies that have already been done, or that have been recently updated
by
the military base. These programs include noise propagation studies
of
military activities to delineate areas (on and off base) most affected
by
unacceptable noise levels. The programs also identify aircraft
accident
potential zones that often extend off base.

A typical JLUS can cost between $60,000 and $120,000 depending on the
issues
and other factors. OEA provides technical assistance throughout the
JLUS
process to help a community organize, plan and implement JLUS
recommendations. OEA can also provide funding through a cost-shared
Community Planning Assistance grant to support the cost of the JLUS
(normally a 50-50 deal). OEA can make the grants to the sponsoring
jurisdiction -- normally the local governing body with land
development
regulatory oversight, but which also could be a state government
organization, airport authority, regional or community planning agency,
or a
qualified council of governments.

The sponsoring local jurisdiction, working with OEA and the base,
develops
a scope of work and outlines the study contents-- goals, objectives,
phases,
methods of public involvement, and an implementation plan. This
proposal
also includes an estimate of the costs, and the amount of local funds
or
in-kind resources pledged by the sponsor. If the JLUS is to have
positive
affects, the jurisdiction and the military installation must agree to
make a
"good faith pledge" to implement development controls and to
achieve
compatibility.
As of Spring 2001, 28 studies have been completed, 5 are underway, and
the
services have nominated 34 others.

OBSTACLES:
Promoting the JLUS program has not been an easy task. Many base
commanders
and local governments are not certain that a JLUS process can succeed for
a
variety of reasons. Some base commanders and community leaders either do
not
see an encroachment issue or choose not to deal with it because they may
not
want to "open Pandora's box". Additionally, The program is
designed to alter
land use and development patterns through application of sound planning
and
zoning practices and in the process reduce the potential for
encroachment.
this can involve rezoning property in high noise and accident
potential
areas to lesser densities an uses, or the application of revised
building
codes for sound attenuation, or subdivision regulations. Often this
is
viewed as introducing a politically charged land use and zoning process
that
can pit land owning interests against DOD interests with local
governments
caught in the between. OEA states that this is the reason they insist
that
the JLUS process be a non-Defense, community-driven process with 
DOD
financial support where and when needed.

ICMA SUMMARY:
As the primary impetus for JLUS is to assist the military services
in
achieving their mission and enhancing/maintaining readiness,
implementation
of JLUS recommendations is DOD's desired outcome. However, local
governments
retain the ability to implement none, some, or all of the
recommendations
that are best suited to the community and its overall goals and
objectives.
OEA states that it only requests a good faith effort to give due
considerations to the JLUS recommendations. Thus, seemingly in our view,
the
JLUS program is not a case of the federal government attempting to
"strong-arm" local governments into doing something that may or
may not be
in their best interest.
 
The "trust factor" aside, ICMA's Military Programs staff feel
that the JLUS
program can be a great benefit to local governments in planning
development
and land use. It provides the resources and networking required for
developing a successful program. It can help alleviate encroachment
issues
both for the base and the community. Also, important to note, there are
many
land uses that are compatible with affected off-base areas, including
uses
that communities are constantly seeking to attract (such as commerce
and
industry) or otherwise asking for (such as parks, recreation/open
space).
Finally, ICMA's Military Programs staff (and OEA) believe that the
JLUS
program is another piece in a "smart growth" approach to land
use and
development. Overall, it is vitally important to include military
installations (both their needs, and their negative and positive affects
on
the community) in any land use/development scheme. Organizations such
as
ICMA can help provide support, guidance and information to
city/county
managers and other local officials on encroachment issues and the
importance
of smart growth and planning, and the available tools and techniques.
This
can help balance both the needs of the community to grow and prosper,
and
the needs of the military to conduct training and meet mission
responsibilities.

Our thoughts aside, we would like to know any thoughts or comments you
have
on this subject. We invite any of you who have been through this process
to
let us know how you felt the program benefited (or didn't benefit)
your
community. Or if your community decided not to undertake the process,
what
factors weighed heavily in that decision. Please feel free to reply to
the
listserv or to me, personally, at the address below. 

Jacen McMillen
jmcmillen@icma.org

Military Programs Project Manager
ICMA

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Aimee R. Houghton                                 

Associate Director, CPEO

122 C Street NW, Suite 700

Washington, DC  20001-2109

tel: 202-662-1888; fax: 202-628-1825

Email: aimeeh@cpeo.org

www.cpeo.org

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