Analysis of Legal Precedents and Land-Use Controls as applied to the Installation Compatible Use Zone (ICUZ) Program

摘要

This report describes a study conducted by the U.S. Army Construction Engineering Research Laboratory (CERL) into the legal precedents and land-use controls applicable to the Army's Installation Compatible Use Zone (ICUZ) program. The ICUZ program is designed to protect an installation's mission as well as the public by identifying heavily noise-impacted areas so local governments and the installation can use local land-use planning to minimize noise-sensitive development in areas impacted by noise from Army activities. It was concluded that Federal and state legal precedents indicate the Army can avoid noise-based litigation only by the concerted enactment of the ICUZ program. It was determined the most easily enacted land-use controls applicable to the ICUZ program are zoning and capital improvement, and measurements and trusts. Also, the ICUZ program's success requires that an installation (1) use a broad team approach to develop the program, (2) maintain a working relationship between the installation and local land-use planning offices and elected officials, and (3) rely on an energetic public relations program to prevent negative community reaction to Army initiatives. (Author)