This document discusses the challenges of accommodating population growth and development in a sustainable manner. It notes that 50-75 million more people are expected in the US by 2040, requiring vast amounts of new construction. If past development patterns continue, this could consume 40 million undeveloped acres and further strain already vulnerable infrastructure. The document advocates adopting a Sustainable Development Code to help guide growth in an uncertain future affected by issues like climate change, coastal impacts, and health threats. It provides examples of code provisions to promote goals like zero net energy buildings, limiting house sizes, preserving wildlife habitat through large lot zoning, and expanding tree canopy cover.

1. Growing Sustainably in an
Unprecedented Time of Change:
The Sustainable Development Code and
Integrating Sustainability
Foliage along Lake Champlain
Jonathan Rosenbloom
Vermont Law School
8th Americas RCE Meeting, Sept 2019

2. Development is
Coming
• 50-75 million people in U.S. population
growth by 2040
• Will require approximately 90 billion
additional sq. ft. of commercial/retail/
industrial space
• Will result in nearly ½ of all residential
housing to be new (about 80 million units)
ARTHUR NELSON, PLANNER'S ESTIMATING GUIDE: PROJECTING LAND-USE AND FACILITY NEEDS.

3. Where will this growth go?
What will it look like?
• Pursuant to existing development codes,
land consumption outpaced population
by 30-50%
• At the low end (30%), by 2030, 40 million
undeveloped acres will be destroyed to
accommodate new construction
• That is about the size of New York and
Vermont combined

4. Already Vulnerable
Infrastructure
“[T]he Nation’s infrastructure suffer[s] from chronic
underinvestment, system failures and service shortfalls.”
• National Infrastructure Advisory Council, Water Sector Resilience
Final Report and Recommendations (2016).
“[U.S. infrastructure] is in poor to fair condition and
mostly below standard, with many elements approaching
the end of their service life. . . . [T]he system exhibits
significant deterioration. Condition and capacity are of
serious concern with strong risk of failure.”
• 2017 Infrastructure Report Card, American Society of Civil Engineers
(2017) (giving U.S. infrastructure a D+).

5. Uncertainty . . .
• Rural Ecosystems (“The region’s rural industries and livelihoods are at risk from further changes
to forests, wildlife, snowpack, and streamflow.”)
• Changing Coastal & Ocean Habitats (“Warmer ocean temperatures, sea level rise, and ocean
acidification threaten [coast and ocean support commerce, tourism, and recreation].”)
• Urban Interconnectedness (“Major negative impacts on critical infrastructure, urban
economies, and nationally significant historic sites are already occurring and will become more
common with a changing climate.”)
• Human Health (“Changing climate threatens the health and well-
being of people in the Northeast through more extreme weather,
warmer temperatures, degradation of air and water quality, and
sea level rise. These environmental changes are expected to lead to
health-related impacts and costs, including additional deaths,
emergency room visits and hospitalizations, and a lower quality of
life.”)
U.S. Fourth Nat. Climate Assessment, Chapter 18: Northeast.Red Knot
(Threatened Animal)

6. www.sustainablecitycode.org

7. A Menu of 32 Subchapters:
Sustainability in Development Codes

9. Climate Change, Chapter 1.1

10. Climate Change, Chapter 1.1

12. Examples:
Zero Net Energy Buildings
 Requirement of 2-10 watts per square ft,
can be less if shown less energy is
needed
 Requirements of solar ready area
 Efficiency requirements
 May apply to residential, commercial,
and/or multi-family

13. Additional Examples
Sebastopol, CA, Sebastopol City Code § 15.72 (pub. 2018).
Scottsdale, AZ, Green Construction Code § 31-145 (l) 610.1 (2017).
Santa Monica, CA, Ordinance No: 2540 CCS (2016).
Davis, CA, Municipal Code § 8.20.010-70 (2018).

16. Examples:
Maximum Size Single-Family Residence
 Heights over a certain dimension count more
toward floor-area-ratio (ex. areas w/ 14 ft ceilings
count 2x sq. footage)
 Setting a smaller limit on square footage (ex. max
square footage at 2,300)
 Limiting footprint on lot (ex. 20% of lot)

17. A Menu of 32 Subchapters:
Sustainability in Development Codes

18. Sensitive Lands and Wildlife Habitat, Chapter 1.3

19. Examples: Large-Lot and Preservation
Zoning in Rural Areas
Highlights
 Designation of critical habitat zones
 In zones, minimum lot sizes per residential
dwelling unit are 80, 160, or 320 acres
 Any development must minimize impact on
wildlife habitats and corridors
 Clustering is encouraged or required

21. Sensitive Lands and Wildlife Habitat, Chapter 1.3

22. Examples: Expand Tree Canopy Cover
 Set canopy targets, such as increase by 40% by 2030
 Establish “tree save areas” requiring setback from trees
 Offer incentives for expansion of tree save area
 Afforestation requirements (ex. min. coverage such as 15%)
 Replanting of 10 trees for every 1 removed

24. Thank you!
Jonathan Rosenbloom
jrosenbloom@vermontlaw.edu
(215) 760-8704