1. 2011©Cengage Learning. All Rights Reserved.

2. Environmental Controls and Subdivision Laws 2011©Cengage Learning. All Rights Reserved.

3. NEED FOR CONTROLS The ecological systems The quality of the environment Subdivision laws 2011©Cengage Learning. All Rights Reserved.

4. FEDERAL ENVIRONMENTAL LAWS National Environmental Policy Act Application of the NEPA 2011©Cengage Learning. All Rights Reserved.

5. Other Legislation The Clean Air Amendments of 1970 The Water Quality Control Act of 1965 The Clean Water Restoration Act of 1966 2011©Cengage Learning. All Rights Reserved.

6. Other Legislation The Solid Waste Disposal Act of 1965 The Resource Recovery Act of 1970 The National Environmental Policy Act of 1969 2011©Cengage Learning. All Rights Reserved.

7. CALIFORNIA LAWS Environmental Quality Act Government Projects 2011©Cengage Learning. All Rights Reserved.

8. CALIFORNIA LAWS Environmental Quality Act Government Projects  By Agency  With Agency Support  Through Agency Function 2011©Cengage Learning. All Rights Reserved.

9. Significant Effect Preliminary Survey Broadly Defined 2011©Cengage Learning. All Rights Reserved.

10. Timing & Procedure Formal Hearings Not Required Effect of Violations 2011©Cengage Learning. All Rights Reserved.

11. HAZARDOUS WASTE LAWS California Superfund Typical Hazardous Wastes 2011©Cengage Learning. All Rights Reserved.

12. HAZARDOUS WASTE LAWS California Superfund Typical Hazardous Wastes  Soil  Building  Groundwater  Storage tanks 2011©Cengage Learning. All Rights Reserved.

13. People Liable Current Owners or operators Owners or operators at time of contamination Arranger or transporter of toxic material Accepts toxic material 2011©Cengage Learning. All Rights Reserved.

14. Innocent Landowner Exception Anyone who bought contaminated property, without realizing it was contaminated, before purchase had no reason to know of the contamination, and who did not contribute to the contamination is not liable for the cleanup costs. 2011©Cengage Learning. All Rights Reserved.

15. New Owner Restoring Property Exception Brownsfields Revitalization and Environmental Restoration Act of 2001. Law encourages owners to purchase and restore contaminated property by shielding them from federal liability. 2011©Cengage Learning. All Rights Reserved.

16. Exemption & Protection Lender and Fiduciary Exemption Purchaser Protections 2011©Cengage Learning. All Rights Reserved.

17. CALIFORNIA SUBDIVISION LAWS Subdivided Lands Act  controls the sale to the public of land that is already subdivided Subdivision Map Act  regulates the physical design and development that a developer must adopt in subdividing his land 2011©Cengage Learning. All Rights Reserved.

18. SUBDIVIDED LANDS ACT Statute enacted a statewide control over subdivision sales under the jurisdiction of the California Real Estate Commissioner a public report issued “improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease or financing, whether immediate or future, into five or more lots or parcels.” 2011©Cengage Learning. All Rights Reserved.

19. SUBDIVISION MAP ACT Controls the creation and development of subdivisions Physical design Adequate utilities Existing community amenities and facilities can conscientiously support the subdivision Subdivision is compatible with the neighborhood and the county master plan 2011©Cengage Learning. All Rights Reserved.

20. Condominium Conversions Tenants given 4 months’ notice before termination of their tenancy. Tenants must have the right to purchase their own unit. Other local ordinances ma apply. 2011©Cengage Learning. All Rights Reserved.

21. Vested Rights The owner can only be denied the protection of his permit if he has not significantly and detrimentally relied on his permit, if the owner violates the terms of his permit, or if the current use amounts to a nuisance. 2011©Cengage Learning. All Rights Reserved.