Monday, April 15, 2013

Agenda 21: Section 2 – Conservation and Management of Resources for Development.



Agenda 21: Section 2 – Conservation and Management of Resources for Development.
The real estate development industry has slowly changed by the implementation of United Nation policies and objectives.

Highlighted in blue are the Agenda 21 subsection titles of the UN document.

I have highlighted specific sections in red to illustrate important UN policies
I have emphasized my comments in green for your consideration.

AGNEDA 21 TABLE OF CONTENTS
SECTION II. CONSERVATION AND MANAGEMENT OF RESOURCES FOR DEVELOPMENT (Section 1 included

9. Protection of the atmosphere

10. Integrated approach to the planning and management of land resources
If, in the future, human requirements are to be met in a sustainable manner, it is now essential to resolve these conflicts and move towards more effective and efficient use of land and its natural resources. Integrated physical and land-use planning and management is an eminently practical way to achieve this. By examining all uses of land in an integrated manner, it makes it possible to minimize conflicts, to make the most efficient trade-offs and to link social and economic development with environmental protection and enhancement, thus helping to achieve the objectives of sustainable development.

Our local and state planning departments have been changing their land use and land development codes for years and the subtle changes are remarkable. Compare your current local zoning code to the one adopted 20 years ago.

10.3 Opportunities to allocate land to different uses arise in the course of major settlement or development projects or in a sequential fashion as lands become available on the market. This in turn provides opportunities to support traditional patterns of sustainable land management or to assign protected status for conservation of biological diversity or critical ecological services.

10.4. A number of techniques, frameworks and processes can be combined to facilitate an integrated approach. They are the indispensable support for the planning and management process, at the national and local level, ecosystem or area levels and for the development of specific plans of action. Many of its elements are already in place but need to be more widely applied, further developed and strengthened. This programme area is concerned primarily with providing a framework that will coordinate decision-making; the content and operational functions are therefore not included here but are dealt with in the relevant sectoral programmes of Agenda 21.
I have been advocate for the housing industry for decades. I have always said that as housing goes so goes the economy. Land development is changed at the local level. Little did I know or realize that many local government initiatives started at the UN and promoted through non-government organizations.

When the land development business is going great, we fail to watch what government is doing to the industry – simply no time. When the land development business is going not so great, we fail to watch what government is doing to the industry --- simply because many professionals leave the industry to make a living. We also do not have a voice at the table! Join the Real Estate Development eAssociation Group on LinkedIn.
Objectives

10.5. The broad objective is to facilitate allocation of land to the uses that provide the greatest sustainable benefits and to promote the transition to a sustainable and integrated management of land resources. In doing so, environmental, social and economic issues should be taken into consideration. Protected areas, private property rights, the rights of indigenous people and their communities and other local communities and the economic role of women in agriculture and rural development, among other issues, should be taken into account. In more specific terms, the objectives are as follows:
(a) To review and develop policies to support the best possible use of land and the sustainable management of land resources, by not later than 1996;

(b) To improve and strengthen planning, management and evaluation systems for land and land resources, by not later than 2000;
(c) To strengthen institutions and coordinating mechanisms for land and land resources, by not later than 1998;

(d) To create mechanisms to facilitate the active involvement and participation of all concerned, particularly communities and people at the local level, in decision-making on land use and management, by not later than 1996.
Citizen participation at the local level:

1970’s                        non-existent
1980’s                        HOA’s and participation at Planning Board hearings

1990’s                       Organized and politically engaged (Not in my Backyard)
2000’s                      Minority rule, environmental activism, public input required            (Citizens against really everything)

2010’s                     Time will tell but what has changed in the politica arena  that          would make our ability to develop land any easier???
My prediction: government will tell us that our land is not our land but land to be used for the good of the community; collectively designed but privately developed. 

11. Combating deforestation
12. Managing fragile ecosystems: combating desertification and drought
13. Managing fragile ecosystems: sustainable mountain development
14. Promoting sustainable agriculture and rural development

14.45. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Develop and implement programmes to remove and resolve the physical, social and
economic causes of land degradation, such as land tenure, appropriate trading systems
and agricultural pricing structures, which lead to inappropriate land-use management;

LAND TENURE??? I am guessing this means that if you own property (how long is your ownership) but do not take care of it the way they think you should, your land will be taken away from you or you will be fined. Local zoning enforcement agencies police private properties.

Is this happening NOW? Yes…….it is called eminent domain and regulatory taking. By layering regulations upon regulations from local, regional, state, and federal governments, many properties are being restricted and regulated inutility.

14.93. The objectives of this programme area are:
a. Not later than the year 2000, to initiate and encourage a process of environmentally
sound energy transition in rural communities, from unsustainable energy sources, to
structured and diversified energy sources by making available alternative new and
renewable sources of energy;

President Obama issued Executive Order #13575 on June 9, 2011.
This executive order established  THE WHITE HOUSE RURAL COUNCIL and in part:

Executive Order

By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to enhance Federal engagement with rural communities:  (d) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation related activities.

 
14.99. Governments at the appropriate level, with the support of the relevant international and regional organizations, should enhance public awareness of rural energy problems, stressing the economic and environmental advantages of renewable energy sources.

Renewable energy sources has been elevated into our mainstream thought process every recession starting when we had to wait in line to get a gallon of gas. Not one President in the past 40 years has developed a comprehensive energy policy that includes nuclear, natural gas, oil, coal, wind, solar, etc. Why are our gas prices staying above $3.50 per gallon? It is painful to fill up your car just to travel to and from work! Are we seeing a new norm? Why? Is this just another way to market “economic and environmental advantages of renewable energy sources”?

15. Conservation of biological diversity

j. Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas;

True or Untrue?

We have to save wetlands but in some states, we also have to add a buffer to the wetland line

Does your local government have their own community flood plain line which is over and above the FEMA flood plain?

There are endangered plants and animals and we have to save habitats but in some states we have to provide an additional buffer.

There are buffers along streams.

How about in land areas protected by state regulations, the land use is controlled and the zoning bulk requirements changed to limit development within the special area.

If you are reading this blog, please post your local regulation which illustrates how government is taking land off the market ADJACENT to protected areas.

16. Environmentally sound management of biotechnology
17. Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources
18. Protection of the quality and supply of freshwater resources: application of integrated approaches to the development, management and use of water resources
19. Environmentally sound management of toxic chemicals, including prevention of illegal international traffic in toxic and dangerous products
20. Environmentally sound management of hazardous wastes, in hazardous wastes
21. Environmentally sound management of solid wastes and sewage-related issues
22. Safe and environmentally sound management of radioactive wastes

If you make the time and do your own research, you will quickly realize that the federal government has created council’s and charged departments in the implementation of Agenda 21 goals and objectives.  

As an example the Council on Environmental Quality, First Annual Report in 1970 issued the following statement:

"We are coming to realize that our land is finite ....We must accept the idea that none of us has a right to abuse the land, and ... society as a whole has a legitimate interest in
proper land use."

Now fast forward to our current administration:

The Council on Environmental Quality is still in existence!

The Council on Environmental Quality (CEQ) coordinates Federal environmental efforts and works closely with agencies and other White House offices in the development of environmental policies and initiatives. CEQ was established within the Executive Office of the President by Congress as part of the National Environmental Policy Act of 1969 (NEPA) and additional responsibilities were provided by the Environmental Quality Improvement Act of 1970.

Constitution of the United States:

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment XIV

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law;

Without a question, government’s protection of the environment has taken regulations and the interpretation of those regulations to another level.

We have let government use the environment to dictate our development patterns.

We have let government swing the pendulum away from our basic right of land ownership to consensus design under the banner headline – sustainable development.  

In my opinion, we are all for sustainable development but not the way we are heading. Real estate development has not always been an approach of not what you can do but what you can’t do. Government staff takes local politics and national initiatives and interprets but with restriction as a goal rather than flexibility.

Did YOU KNOW?

ENERGY EFFICIENT MORTGAGE

HUD’s Energy Efficient Mortgage Home Owner Guide - THE ENERGY EFFICIENT MORTGAGE means comfort and savings. When you are buying, selling, refinancing, or remodeling your home, you can increase your comfort and actually save money by using the Energy Efficient Mortgage (EEM). It is easy to use, federally recognized, and can be applied to most home mortgages. 

When the home has been built or retrofitted in conformance with the International Energy Conservation Code (IECC) standards for 2000 or later, then the lender may "stretch" the borrower's qualifying ratios.

LOCATION EFFICIENT MORTGAGE

Seattle, WA - Location Efficient Mortgage Program

“The City is partnering with Continental Bank and Fannie Mae to establish a Location Efficient Mortgage program. This program will permit potential condominium and other home buyers purchasing within walking distance of a station area to qualify for a larger mortgage than they would otherwise be eligible. Since these buyers may have lower or no car payments or transportation-related expenses, they are able to devote a larger percentage of their income to a mortgage (because of their homes’ proximity to transit).”

From the website of The Partnership for Sustainable Communities – “As the White House and Congress seek to reduce energy consumption and fight global warming, they’re turning to location-efficient mortgages as a way to coax consumers and the housing industry to make sustainable choices.”

The level of funding, number of organizations, and decades of advocacy already in motion promoting the policies of Agenda 21 are astounding. It is only a matter of time that the ratings used to evaluate energy and location efficient mortgages are used to approve or deny a real estate development project.

Next Week:

Agenda 21 Section 3. Strengthening the Role of Major Groups

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