CLA Land Use Regulations & Zoning Law 2 — Questions and Answers
Question 1: The Endangered Species Act requires federal agencies to consult with the U.S. Fish & Wildlife Service when a proposed project may affect a listed species. This consultation process is known as:
- Section 7 Consultation (Correct answer)
- Section 10 Permitting
- Section 404 Review
- Section 106 Review
Correct answer: Section 7 Consultation
Section 7 of the ESA requires federal agencies to consult with the U.S. Fish & Wildlife Service (or NMFS) to ensure their actions do not jeopardize listed species or adversely modify designated critical habitat.
Question 2: A landscape architect preparing a site plan for a subdivision must ensure compliance with the Americans with Disabilities Act (ADA). Which document provides scoping and technical requirements for accessible outdoor sites and elements?
- ADA Title II Technical Assistance Manual
- ADA Standards for Accessible Design (ADASAD)
- Architectural Barriers Act Accessibility Standards
- ADA Accessibility Guidelines for Outdoor Developed Areas (Correct answer)
Correct answer: ADA Accessibility Guidelines for Outdoor Developed Areas
The ADA Accessibility Guidelines for Outdoor Developed Areas (ADAAG Outdoor) provides the specific scoping and technical requirements for accessible trails, picnic areas, camping facilities, and beach access routes on federal sites.
Question 3: When a taking of private property for public use occurs through government regulation that eliminates all economically beneficial use, this is referred to as a:
- Physical taking
- Regulatory taking (Correct answer)
- Temporary taking
- Partial taking
Correct answer: Regulatory taking
A regulatory taking occurs when government regulations go so far as to deprive a property owner of all economically beneficial use of their land, entitling the owner to just compensation under the Fifth Amendment.
Question 4: Which federal law established the framework for environmental review of federally funded or permitted projects and introduced the concept of 'alternatives analysis'?
- Clean Air Act
- National Environmental Policy Act (NEPA) (Correct answer)
- National Historic Preservation Act
- Coastal Zone Management Act
Correct answer: National Environmental Policy Act (NEPA)
NEPA requires federal agencies to analyze environmental impacts and consider alternatives for major federal actions, establishing the EIS process and the requirement to evaluate a 'no-action' alternative.
Question 5: A riparian buffer ordinance requires a 100-foot undisturbed vegetated strip along a stream. This type of regulation is primarily intended to:
- Prevent encroachment by invasive species
- Protect water quality and stream bank stability (Correct answer)
- Define setbacks for accessory structures
- Establish minimum lot sizes near waterways
Correct answer: Protect water quality and stream bank stability
Riparian buffers protect water quality by filtering pollutants, reducing erosion, stabilizing stream banks, providing habitat, and moderating stream temperature through shading.
Question 6: A landscape architect discovers that a portion of a proposed park site is located within a 100-year floodplain. Which federal program primarily regulates development in floodplain areas?
- National Flood Insurance Program (NFIP) (Correct answer)
- Federal Emergency Management Administration (FEMA) Mitigation Grant Program
- Army Corps of Engineers Floodway Management Program
- EPA Stormwater Management Program
Correct answer: National Flood Insurance Program (NFIP)
The National Flood Insurance Program (NFIP), administered by FEMA, sets floodplain management standards that participating communities must adopt, regulating development within Special Flood Hazard Areas (SFHAs).
Question 7: Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effects of their undertakings on:
- Federally owned parklands and open spaces
- Properties listed or eligible for listing on the National Register of Historic Places (Correct answer)
- Wilderness areas designated under the Wilderness Act
- Cultural landscapes managed by the National Park Service
Correct answer: Properties listed or eligible for listing on the National Register of Historic Places
Section 106 requires federal agencies to consider the effects of their undertakings on properties listed or eligible for listing on the National Register of Historic Places and seek comments from the Advisory Council on Historic Preservation.
CLA Land Use Regulations & Zoning Law 2
The Endangered Species Act requires federal agencies to consult with the U.S.
Fish & Wildlife Service when a proposed project may affect a listed species.
This consultation process is known as: