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Stricter local rules should take precedence

  • Archived: Tue, 17 Jul 2001 20:06:00 -0400 (EDT)
  • Date: Tue, 17 Jul 2001 19:35:41 -0400 (EDT)
  • From: Mark F. Bohne <hilltop@lrbcg.com>
  • Subject: Stricter local rules should take precedence
  • X-topic: Permits and Rules

Out of deference for state and local government, any local rule should take precedence over any permit or proposed rule by a higher governmental agency.

For example, Ohio House Bill 592 addresses solid waste districts in Ohio. Part of the bill states that any restrictive local zoning in existance for over two years shall be considered valid when considering the siting of a dump.

In Milan Township, Erie County, Ohio, our zoning resolution states that there will be no further land used for landfill purposes. Therefore, by state law, our Zoning Resolution should prevent the local county dump from expanding in the future. Matter-of-fact, the resolution is writen in such a way, that it restricts any use for landfill purposes, including parking, dirt, buffer zone or whatever.

This gives local citizens the option to control their environmental destiny.

Now, I am sure that there are some that would scream that this is classic example of a NIMBY (Not In My Back Yard) action. However, if a group of local citizens are savey enough to motivate their local government to legislate a clean environment (in advance of a proposed action), then the legislation should be respected by state and federal agencies.


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