political jurisdictions.73 As a result, issues that required regional solutions, such as protection of natural resources and housing, among others, went unaddressed. Reilly and Gibbons turned to the Model Land Development Code developed by the American Law Institute for guidance in drafting the administration's bill.74
The central thesis of the Model Code was that if a land use decision affected more than one municipality, the state should exercise jurisdiction over that decision. It suggested that states develop plans for these areas of "critical importance" and assume authority over all regulation for those areas. The ALI estimated that only 10% of a state's land use decisions involved areas of critical importance, leaving 90% of the decisionmaking in the hands of local government.75
Provisions of S. 992
The Nixon bill was similar to Jackson's in that both provided for federal grant programs; however, S. 992 encouraged the states to develop land use control programs only for certain critical
("[B]ecause of their limited geographic scope, [local governments] ... cannot provide anything resembling a land use system. The narrow authority of each permits it to ignore what the decisions of all will do to the natural and human systems regionwide." Id. at 1417, citing Council on Environmental Quality, First Annual Report at 184 (1970).
(American Law Institute, A Model Land Development Code, Tentative Draft No. 3, (April 22, 1971). Reilly had worked in Chicago with Richard Babcock and Fred Bosselman, two attorneys who were instrumental in drafting the ALI's Model Land Development Code. The ALI code, if adopted by state legislatures, would replace the Standard State Zoning Enabling Act and the Standard City Planning Act developed by the Department of Commerce in the 1920s. These acts were adopted by a majority of states and provided the legal basis for municipal land use planning and zoning authority. Whitaker, supra note 69, at 155. Lyday, supra note 33, at 19 - 24.
(Whitaker, supra note 66, at 156.