Review and Enforcement Advisory Committee Charter

^{2nd Draft

Review and Enforcement Advisory Committee Charter

Introduction}

The review and appeals subcommittee will focus on issues related to the review of state and local government decisions, at the policy and planning level as well as at the project review level. The subcommittee will also look at issues related to enforcement.

Advisory Committee Responsibilities

Review

The objective of the review process should be to combine review of all related governmental decisions into a single proceeding.

The review process should be designed to encourage all parties to present relevant information during the decision making process, not during the review proceedings.

The review process should be designed to provide an appropriate level of consistency between jurisdictions.

The review process should be designed to ensure that state and local government actions carry out state policy as reflected in state law.

The subcommittee should consider at least the following options for a review procedure:

Combine two or more of the existing quasi-judicial boards into a single board.

Create a special land use appeals court to replace some or all of the existing quasi-judicial boards.

Eliminate quasi-judicial boards, but provide additional resources to the judiciary to assist in resolving land use and environmental disputes.

Enforcement

The objective of enforcement system should be to ensure that the laws and permit requirements are enforced equally on all permit holders.

The enforcement system should provide for technical assistance.

The enforcement system should be designed so that it is simple to administer. State agencies and local governments should coordinate enforcement efforts so that permit holders are not unnecessarily burdened with multiple inspections and to make more efficient use of scarce public resources. The advisory committee shall consider alternative approaches to enforcement, including the authorization of citizen suits.

The enforcement system must be adequately funded.

The enforcement system should ensure that penalties for non-compliance match the level and likelihood of environmental damage.

The enforcement system should ensure that enforcement actions can be implemented in time to prevent environmental damage.

Advisory Committee Membership Interests

Review and Appeals Advisory Committee
Cities Counties Tribes	Legal Community Neighborhoods Environmental	Business Attorney General City Attorneys	Public Interest State Agencies Agriculture

	The objective of the review process should be to combine review of all related governmental decisions into a single proceeding.
	The review process should be designed to encourage all parties to present relevant information during the decision making process, not during the review proceedings.
	The review process should be designed to provide an appropriate level of consistency between jurisdictions.
	The review process should be designed to ensure that state and local government actions carry out state policy as reflected in state law.
	The subcommittee should consider at least the following options for a review procedure:

	Combine two or more of the existing quasi-judicial boards into a single board.
	Create a special land use appeals court to replace some or all of the existing quasi-judicial boards.
	Eliminate quasi-judicial boards, but provide additional resources to the judiciary to assist in resolving land use and environmental disputes.

	The objective of enforcement system should be to ensure that the laws and permit requirements are enforced equally on all permit holders.
	The enforcement system should provide for technical assistance.
	The enforcement system should be designed so that it is simple to administer. State agencies and local governments should coordinate enforcement efforts so that permit holders are not unnecessarily burdened with multiple inspections and to make more efficient use of scarce public resources. The advisory committee shall consider alternative approaches to enforcement, including the authorization of citizen suits.
	The enforcement system must be adequately funded.
	The enforcement system should ensure that penalties for non-compliance match the level and likelihood of environmental damage.
	The enforcement system should ensure that enforcement actions can be implemented in time to prevent environmental damage.