Private property and soil loss regulations

Excerpt

SOME people suggest regulation by state and local governments as a remedial solution to the serious national problem of soil erosion on agricultural land. But other people summarily reject regulatory programs, believing that under this nation's philosophy of government, which values private property rights highly, the government should not tell landowners how to manage their land. The American experience in land use regulation leads to one conclusion:

Regulations to control soil erosion, while not without limitations, are neither new nor novel, and they are firmly within the American legal tradition.

An overview of regulatory options

Government at any level, of course, can enact soil loss regulations. The federal government can do so under the constitutional authority of the commerce clause and other means. State governments can use the police power to enact regulations, as can local governments, which are delegated the police power by the states.

Methods used in regulatory programs to achieve soil erosion control objectives include requirements that erosion control plans be prepared and followed, requirements that a permit be obtained before land can be disturbed, and limitations on maximum rates of soil loss.

Regulations may prohibit the use of some land management practices or require …