Abstract

Land use regulation is one of the most poorly understood areas of law and public policy in the United States. At the same time, the land use regulatory system is expected to solve complex issues. The structure of the land use regulatory system can tell us quite a bit about the role that land use regulation, especially local land use regulation, can play in addressing specific public policy problems. This article illuminates common misunderstandings associated with the land use regulatory system, identifies its proper functions, location, scope, components and processes, and analyzes whether the land use regulatory structure can value and conserve ecosystem services. Additionally, this article posits that the land use regulatory system has great potential for incorporating concepts and considerations of ecosystem services into land use actions and decisions.