Should Public Clamor Count?

• Position: Brief Article - Editorial

DON ADAMS

Riverton City Planning and Economic Development Director

NO, BUT INFORMED PUBLIC INPUT SHOULD. Land development and growth are hot topics in Utah. especially along the Wasatch Front where the population is expected to climb from 1.3 million in 2000 to 2.2 million by 2030 -- a growth of approximately 70 percent.

Growth has a profound impact on public policy. In turn, public policy has a permeating effect on how businesses can operate and grow. Land development brings with it a host of legal issues, agencies, departments, groups and political entities. Most development teams understand the government documents, general plans and zoning ordinances as known quantities in the development equation. The great unknown is public sentiment. And if taken to the extreme, public input can become public clamor - not to be equated with public comment. Clamor connotes a degree of irrationality or emotion.

Some view public input as a way to dictate policy based upon their individual needs -- and if those needs are not met, they feel they haven't been heard. However, development decisions should be based upon the common good as opposed to individual demands. Public input can be viewed as a way to gather additional relevant information so as to make an informed decision. Emotions may not be deemed relevant if they lack substance or conflict with property owner rights.

Public clamor adversely affects the development process by its negativity. Seldom must voices be raised and characters assassinated to defend a position on land use development. Each side has legally vested rights. The owner has the right to develop while the governing agencies have the right and responsibility to protect the public health, safety and general welfare. The general public has the right to offer timely input. Often, that input comes too late in the development process.

Land use decisions are not made by public vote. If they were, the rights of property ownership would be severely compromised, if not eradicated altogether. One can't expect to stop growth and development. However, one can expect that the project developer and governing agency will attempt to mitigate as many adverse impacts as possible.

NEIL A. LINDBERG

Land use attorney with Lindberg & Company in Draper.

YES IN REGARDS TO LEGISLATIVE MATTERS, NO, IN REGARDS TO I ADMINISTRATIVE MATTERS. The term "public clamor" first appeared in Utah in a 1988 case, Davis County v. Clearfield City, Clearfield denied a...