But consider this—the most prominent recent case of a community suspending its zoning laws was the City of New Orleans post Hurricane Katrina. One of the unfortunate consequences of the zoning law suspension was the approval of a debris landfill in the heart of a vibrant Asian community. With no public hearing or oversight and hasty preparation in response to the disaster, some contended that basic safety standards, including clay liners to prevent toxic chemical seepage were overlooked in favor of cost-saving and expedience. And the trouble didn’t end when Mayor Nagin allowed the zoning suspension to expire. The company owning the waste site sued the state Department of Environmental Quality to prevent the site from closing, since it was now a pre-existing condition.
According to Commonwealth Zoning Administrator, Victor Barrett, that unfortunate example could be repeated here in Saipan,
“A consultant recently met with me for a preliminary review—a waste oil processor wants to apply for a permit to operate an incinerator and treatment facility on a parcel of land that they have apparently leased or are about to lease. That land is off Beach Road, next to the Costco and Hollywood Movie Theatre. I advised this consultant that the Saipan Zoning Law does not allow for that kind of industrial use in the Beach Road Tourism District.
This is a current and real example of what could happen if the zoning law is suspended. This waste oil process incinerator could open at this location theoretically the day after the zoning law is suspended. In the end, zoning, at its best, is about protecting property values and residents’ quality of life.”
The importance of a consistent application of zoning law is sadly underscored for the residents of the New Orleans’ Versailles neighborhood who are rebuilding their lives—Mr. Barrett notes, “Today, when they propose creating their community gardens, they have to plan around an unintended mountain of trash.”
