H BFMT Flashcards
(1) Which of the following statements “BEST” summarizes the concept embodied in “Dillon’s Rule”?
(A) local governments are devoid of authority absent an express delegation of power from the state
(B) state governments are devoid of authority absent an express delegation of power from the
federal government
(C) local governments have broad powers to protect the environment
(D) local governments have broad powers to regulate the subdivision of land
The correct answer is (A)
In 1872, Judge Dillon ruled that local governments were treated as subordinate instruments of the state
and were authorized to perform only those functions permitted by state legislation.
(2) What is the “BEST” way to describe eminent domain?
A) a seizure of private property in accordance with a comprehensive plan
B) a seizure of private property not in accordance with a comprehensive plan
C) a seizure of private property for public purposes
D) a seizure of private property for private purposes
The correct answer is C)
Eminent domain procedures require payment of fair compensation for the damages to the property
owner.
(3) Which of the following provides the “BEST” description of the National Environmental Policy Act
of 1969?
A) Required both the private and public sectors to conform to certain environmental standards
B) Required the public sector to enforce penalties on the private sector for violations of the Act
C) Required state and local governments to conform to certain environmental standards
D) Established the Environmental Protection Agency and granted broad regulatory powers to enforce
the Act
The correct answer is A)
In addition to the requirement that both sectors conform to specific environmental standards, the Act
also brought the federal court system into the review process for violations of NEPA standards.
(4) The largest interest an owner can have in real property is “BEST” referred to as which of the
following?
A) fee simple estate
B) restricted estate
C) equity estate
D) easement estate
The correct answer is A)
A fee simple estate gives the owner the right to dispose of the interest in the land or pass it on to his
heirs. Fee simple estates can be taxed and/or taken by eminent domain by the government.
(5) The Town of Hilton recently completed a comprehensive mapping program of the Town’s wetland
resources. Which of the following management techniques are “BEST” suited for insuring that golf
courses constructed near wetlands will not denigrate the resource?
A) subdivision drainage standards
B) health regulations governing pesticide application
C) special permit/performance standard requirements
D) downzoning
The correct answer is C)
Special permits can be a valuable tool to judge the impact or performance of certain land uses on
natural resources such as wetlands. The permit is issued under certain conditions, i.e., the golf course
limits its application of fertilizers and pesticides to areas outside the wetland boundaries as well as
outside of appropriate buffer areas to the wetland.
(6) The City of Lancaster recently completed a comprehensive inventory of the vegetative resources
within its corporate boundaries. The inventory uncovered the presence of three rare and endangered
plant species, according to the state office of natural resources. Which of the following techniques
would be “BEST” suited for protecting these species from encroaching development?
A) overlay zoning district
B) prohibition of various uses and structures
C) subdivision road construction standards
D) downzoning
The correct answer is A)
Of the four choices, the most appropriate technique for protecting the rare and endangered species is
the adoption of an overlay zoning district. The district would overlay the Town’s existing zoning map
and regulate specific areas for the protection of the plant species. The overlay approach is more
refined, and thus more appropriate than simply prohibiting specific uses in the zoning ordinance without
benefit of an overlay map.
(7) The City of Rangely is experiencing rapid development within the zones of contribution to their
public supply wells. Which of the following management techniques is “LEAST” suited for offering an
alternative to locate septic systems outside the zones of contribution?
A) transfer of development rights
B) cluster development
C) planned unit development
D) building permit moratorium
The correct answer is D)
Moratoriums do not offer development alternatives, but rather place restrictions on the timing and
location of future development.
(8) The City of Westchester is experiencing rapid division of its undeveloped parcels. As planning
director, you have been asked to determine the “MOST” appropriate technique for reducing the
number of lots that are built upon within any 12-month period. You will most likely recommend
which of the following techniques?
A) transfer of development rights
B) cluster development
C) subdivision phasing
D) building permit moratorium
The correct answer is C)
Subdivision phasing allows Westchester to limit the number of lots within a subdivision that are built
upon in any specified period of time. This is a useful technique within specific areas of a community in
that it allows the city time to prepare for the impacts/needs of future growth.
(9) The City of Lee is experiencing rapid development within the watershed of the City’s drinking
water supply. Which of the following management techniques is “MOST” effective for protecting
water quality?
A) purchase of development rights by the City within the watershed
B) requiring new development to be clustered outside of the watershed
C) imposition of a building permit cap
D) twelve month moratorium on new residential development
The correct answer is A)
While all four techniques offer some degree of watershed protection, the most effective is the
acquisition of development rights within the watershed.
(10) The City of Marysville is experiencing rapid development within the zones of contribution to their
public supply wells. Which of the following management techniques are “BEST” suited for reducing
the number of lots that are built upon within any 12-month period?
A) transfer of development rights
B) cluster development
C) subdivision phasing
D) building permit moratorium
The correct answer is C)
Subdivision phasing allows a community to limit the number of lots within a subdivision that are built
upon in any specified period of time. This is a useful technique within zones of contribution, for
example, to allow the community time to implement other management measures such as development
of a monitoring plan, contingency plan or acquisition of land.
(11) The City of Fernley is experiencing rapid development within the zones of contribution to their
public supply wells. Which of the following management techniques are “BEST” suited for offering
development options outside the zones of contribution?
A) transfer of development rights
B) cluster development
C) subdivision phasing
D) building permit moratorium
The correct answer is A)
Transfer of development rights allows land owners to transfer their development rights to land owned
within one part of the community to another location. It is a useful, although cumbersome, technique
to lure development away from sensitive resource areas.
(12) The Town of Warm Springs is experiencing rapid development within the zones of contribution to
their public supply wells. Which of the following management techniques are “BEST” suited for
limiting the overall construction of dwellings within the zones of contribution?
A) transfer of development rights
B) cluster development
C) subdivision phasing
D) building permit moratorium
The correct answer is D)
A moratorium on the issuance of building permits is a useful, short term technique to allow the
community time to adopt or implement other management techniques to protect water quality.
(13) Which of the following “BEST” describes a harbor management plan?
A) identifies issues associated with the harbor area and waterways
B) suggests goals, objectives and policies
C) provides an inventory of coastal and water resources of the community
D) all of the above
The correct answer is D)
Ideally, a harbor management plan addresses all major issues pertaining to land-side and water-side
uses, the relationship among them and options for land and water management for the future.
(14) How do you “BEST” define a private sewage treatment facility (PSTF)?
A) a wastewater treatment facility owned by a private entity processing between 10,000 and
250,000 gallons of sanitary waste
B) a wastewater treatment facililty owned by a private entity processing between 250,000 and
1,000,000 gallons of sanitary waste
C) a wastewater treatment facility owned by a private entity designed to remove a percentage of
solids from the waste flow and provide anaerobic treatment of the wastewater
D) a wastewater treatment facility owned by a private entity designed to remove biochemical
oxygen demand (BOD) by approximately 30%
The correct answer is A)
A PSTF is a small scale sewage treatment facility currently being used for residential subdivision and
smaller commercial and industrial developments. PSTFs use a combination of a bio-mechanical
treatment unit and, in most circumstances, subsurface discharge
(15) A New England town believes it may be losing tax revenues due to old and possibly inaccurate lot
size information. With a limited budget, what is the “BEST” alternative available to the town to
recalculate their lot sizes relatively quickly and inexpensively?
A) deed research combined with a lot-by-lot survey producing a new base tax map
B) regeneration of the base tax map through deed research and GIS
C) recalculation of lot sizes from existing tax maps
D) none of the above
The correct answer is B)
Many firms will perform deed research, and, combined with an aerial photography fly-over, redraw tax
maps. While this undertaking is not inexpensive, it can be done in a reasonable amount of time and the
cost of the project should be recouped in a few years through increased tax revenues, depending on the
level of error in the original tax maps. A lot-by-lot survey, arguably the most accurate method to
recalculate lot sizes, would be very time consuming and expensive. Recalculation of lot sizes, the least
expensive of the three methods, may catch original errors in calculations but will not catch the
dimension errors that may be inherent in the existing tax maps
(16) An image is not aligning properly with your other data themes or layers. This is “MOST” likely
due to:
A) the image file is not compatible with your data files
B) your GIS software does not support that image file type
C) the image file has not been registered correctly or is not registered
D) vector data cannot be displayed with raster or image data
The correct answer is C)
There is a very good possibility that the image file has not been registered in the same projection and/or
coordinate system as your other data files. GIS places datalayers where they belong on the earth’s
surface. In this manner, data that belongs in Wisconsin appears in Wisconsin and data that belongs in
Massachusetts appears in Massachusetts. If an image has not been registered correctly or is in a
different coordinate system, it will not appear with the rest of your data. Instead, it will be positioned
on a different part of the globe
(17) The City of Westchester is experiencing rapid division of its undeveloped parcels. As planning
director, you have been asked to draft revisions to the comprehensive plan that would lay the
foundation for slowing the city’s growth. The Mayor has asked you to determine the most appropriate
technique for reducing the number of lots that can be built upon within any 12 month period. You
would “MOST LIKELY” recommend the following growth management technique:
A) Transfer of development rights
B) Cluster development
C) Subdivision phasing
D) Building permit moratorium
The correct answer is C)
Subdivision phasing allows Westchester to limit the number of lots within a subdivision that are built
upon in any specified period of time. This is a useful technique within specific areas of a community in
that it allows the city time to prepare for the impacts/needs of future growth. Note that subdivision
phasing regulations do not necessarily limit the total number of lots built upon city-wide. Rather, this
technique focuses on particular regions or areas of the City where growth control is desired. For
example, if development within certain roadway corridors is exceeding the goals of the comprehensive
plan, subdivision phasing may be an appropriate technique for slowing growth patterns along those
corridors.
Suggested reading: “Growth Management Principles and Practices”, A. Nelson and J. Duncan, APA
Planners Press, 1995.
(18) As planning director, you have been asked to prepare a detailed analysis of the groundwater
resources in your community. What would be the “BEST” source for this report?
A) US Environmental Protection Agency
B) US Geological Survey
C) National Marine Fisheries
D) Bureau of Land Management
The correct answer is B)
The US Geological Survey is an excellent source of information regarding geology, hydrology and
hydrogeology for your community.
(19) The Town of Smithtown recently completed a delineation of the wellhead protection areas (zones
of contribution) for their six public water supply wells. Which of the following management
techniques are “BEST” suited for translating the zone of contribution delineation onto the Smithtown
zoning map?
A) overlay zoning district
B) prohibition of various uses and structures
C) special permit requirements
D) downzoning
The correct answer is A)
An overlay zoning district “maps” the delineated area onto the zoning map. It is often considered the
most important step linking the scientific delineation to the management of the resource.
(20) The Town of Smithtown recently completed a delineation of the wellhead protection areas (zones
of contribution) for their six public water supply wells. Which of the following management
techniques are “BEST” suited for reducing, but not eliminating, residential development in the R-40
zoning district?
A) building permit moratorium
B) prohibition of various uses and structures
C) special permit requirements
D) downzoning
The correct answer is D)
Downzoning, or raising the minimum lot size requirements has limited effectiveness in protecting water
quality, but can be successful in reducing overall density within a specific district.
(21) The Town of Smithtown recently completed a delineation of the wellhead protection areas (zones
of contribution) for their six public water supply wells. Which of the following management
techniques is “BEST” suited for insuring that golf courses will not contaminate public water supplies?
A) overlay zoning district
B) prohibition of various uses and structures
C) special permit requirements
D) downzoning
The correct answer is C)
Special permits can be a valuable tool to judge the impact of certain land uses on water quality. The
permit issued under certain conditions, i.e., the golf course, limits its application of fertilizers and
pesticides to areas outside the zone of contribution to public supply wells.
(22) The Town of Smithtown recently completed a delineation of the wellhead protection areas (zones
of contribution) for their six public water supply wells. The City Council recently heard a rumor that a
large regional landfill was about to be proposed in town by a large waste management company.
Which of the following management techniques is “BEST” suited for insuring that the landfill will not
be allowed within the wellhead protection areas?
A) building permit moratoria
B) prohibition of various uses and structures
C) special permit requirements
D) downzoning
The correct answer is B)
An appropriate regulatory tool to ensure that the landfill will not be sited within the designated zones of
contribution is to prohibit landfills and associated uses.
(23) The City of Portsmouth is experiencing rapid development within the zones of contribution to
their public supply wells. Which of the following management techniques are “BEST” suited for
offering a subdivision design alternative to locate septic systems outside the zones of contribution?
A) transfer of development rights
B) cluster development
C) subdivision phasing
D) building permit moratorium
The correct answer is B)
A cluster development provides an alternative to the standard grid-style subdivision. It provides
tremendous flexibility for both the developer and municipality, and often allows for greater creativity
and environmental sensitivity in the division of large land parcels.
(24) The protection of a wet meadow is “BEST” accomplished by which of the following regulatory
techniques?
A) Health ordinance
B) Subdivision regulation
C) Wetlands regulation
D) Zoning ordinance
The correct answer is C)
A wet meadow is a wetland and best protected by a wetlands protection regulation. Some communities
have attempted to use zoning ordinances to protect wetlands, but have found in many cases, that
zoning is too inflexible to protect a resource such as wetlands that have variable habitats and
boundaries
(25) Wetzel, R.G. 1983. Limnology, (2nd ed.). Saunders College Publishing. Philadelphia, PA. is a
reference “BEST” described by which of the following?
A) most useful for groundwater/drinking water protection study
B) most useful for surface water protection study
C) most useful for coastal water protection study
D) not useful for any of the above
The correct answer is B)
While this book would be helpful for an analysis of coastal waters, it is most useful for preparing a study
of a surface water system.
(26) Hesketh, E.S. 1986 The efficiency of nitrogen use by Kentucky bluegrass turf as influenced by
nitrogen rate, fertilizer ratio and nitrification inhibitors. M.S. Thesis, Univ. of Rhode Island, Kingston,
RI. is a reference “BEST” described by which of the following?
A) most useful for groundwater/drinking water protection study
B) most useful for surface water protection study
C) most useful for coastal water protection study
D) not useful for any of the above
The correct answer is B)
While this book may be helpful for an analysis of coastal waters, it is most useful for preparing a study of
a surface water system.
(27) Guswa, J.H., and D.R. LeBlanc. 1981. Digital models of ground-water flow in the Cape Cod aquifer
system, Massachusetts. USGS, Water Resource Investigations Open File Report 80-67, 1981, is a
reference “BEST” described by which of the following?
A) most useful for groundwater/drinking water protection study
B) most useful for surface water protection study
C) most useful for coastal water protection study
D) not useful for any of the above
The correct answer is A)
This report would be useful for a groundwater/drinking water protection study.
(28) Cooke, D.G., and R.E. Carlson. 1989. Reservoir management for water quality and THM precursor
control published by the American Water Works Association is a reference “BEST” described by which
of the following?
A) most useful for groundwater/drinking water protection study
B) most useful for surface water protection study
C) most useful for coastal water protection study
D) not useful for any of the above
The correct answer is “A”
(29) Bennett, G.D., M.J. Mundorff, and S.A. Hussain. 1968. Electric-analog studies of brine coning
beneath fresh-water wells in the Punjab Region, West Pakistan: U.S. Geological Survey Water-Supply
Paper 1608-J., 31p is a reference “BEST” described by which of the following?
A) most useful for groundwater/drinking water protection study
B) most useful for surface water protection study
C) most useful for coastal protection study
D) not useful for any of the above
The correct answer is A)
Salt water intrusion is a concern with groundwater systems used for drinking water purposes. This
report would be useful for a groundwater protection study.
(30) Dobratz, W.R., et al. 1986. Protection and management of Spokane’s sole source aquifer.
AWWAU, 78, 9 is a reference “BEST” described by which of the following?
A) most useful for groundwater/drinking water protection study
B) most useful for surface water protection study
C) most useful for coastal protection study
D) not useful for any of the above
The correct answer is A)
An aquifer is a geologic unit capable of yielding usable amounts of drinking water. This report would be
helpful for a groundwater protection study.
(31) The Town of Elko recently completed a delineation of the surface watershed to their drinking
water reservoir. Which of the following regulatory techniques are “BEST” suited for translating
delineation onto the town’s zoning map?
A) overlay zoning district
B) transfer of development rights
C) special permit requirements
D) variance
The correct answer is A)
An overlay zoning district connects a delineated area to the official map. It is often considered the most
important step toward linking the delineation of the watershed to the management of the reservoir.
(32) The Town of Vienna recently completed a delineation of the wellhead protection areas (zones of
contribution) for their two public water supply wells. Which of the following management techniques
is the “MOST EFFECTIVE” for reducing further residential development in the wellhead protection
areas?
A) overlay zoning district
B) prohibition of various uses and structures
C) acquisition by Vienna of development rights in the wellhead protection areas
D) downzoning
The correct answer is C)
Acquisition of land within the wellhead protection areas is the most effective strategy for reducing the
ultimate development of the delineated area.
(33) Which of the following “BEST” defines the public trust doctrine?
A) the doctrine that holds that certain natural resources are held in trust for the benefit of all the
people
B) the doctrine that holds that the public has the right of access between mean low and high tides
C) the doctrine that holds that government may take the land for the public benefit
D) the doctrine that holds that the government may not take land for the public benefit
The correct answer is A)
The public trust doctrine is an ancient concept, dating back to Roman law. The doctrine holds that
certain land is so unique that it should be held in trust by the government for the use and benefit of the
public.
(34) How do you “BEST” define a watershed?
A) area that contributes recharge to a public supply well
B) area that contributes surface recharge to a surface water body
C) both A) and B)
D) neither A) nor B)
The correct answer is B)
A watershed is the land area that contributes surface recharge to a surface water body
(35) Which of the following statements “BEST” summarizes the concept embodied in “Dillon’s Rule”?
A) Local governments are devoid of authority absent an express delegation of power from the state
B) State governments are devoid of authority absent an express delegation of power from the
federal government
C) Local governments have broad powers to protect the environment
D) Local governments have broad powers to regulate the subdivision of land
The correct answer is A)
In 1872, Judge Dillon ruled that local governments were treated as subordinate instruments of the state
and were authorized to perform only those functions permitted by state legislation. The effect of
“Dillon’s Rule”, combined with limitations placed upon local governments via the Supremacy Clause of
federal and state constitutions, has been to allow local governments only those powers which the state
specifically ascribes to the local government. Contrast the constraints placed by Dillon’s Rule with the
concept of “Home Rule”. Home Rule states allow their local governments to adopt any regulations
provided that the regulation is: 1) not in conflict with a state or federal law and/or 2) is not preempted
by state or federal law. Local governments in Home Rule states have, therefore, far more leeway and
local options to develop regulations and ordinances for the protection of public health, safety, and
welfare. The majority of the United States are considered Home Rule jurisdictions.
Suggested reading: “Land Use Regulation,” Salsich, P. and Tryniecki, T., American Bar Association, 1998
(36) What term “BEST” describes permeable deposits directly overlying a sand and gravel aquifer?
A) a watershed
B) a confined aquifer
C) a tertiary recharge area
D) a primary recharge area
The correct answer is D)
Primary recharge areas are typically those areas that provide recharge to an aquifer with little or no
attenuation of contaminants. Depending on the depth to the water table and the overlying geologic
characteristics, travel time from the land’s surface to the aquifer can be rapid (e.g. travel time in feet per
day).
(37) How would you “BEST” classify the use of special or conditional use permits to protect natural
resources?
A) zoning variance
B) health regulation
C) taking
D) performance standard
The correct answer is D)
Performance requirements or standards typically employ special or conditional use permits to regulate
development based upon its performance or impact upon natural resources. Because, in theory, the
permit is granted only if the development “performs” according to certain criteria, regulatory agencies
can ensure that the development will be in harmony with the regulation’s goal of protecting the natural
resource system.
(38) How would you “BEST” describe a floodplain?
A) An area that experiences surface flooding during storms
B) The land area that provides surface recharge to surface water systems
C) An area that contains an abundance of wetland plants
D) The land area that buffers wetlands during coastal storms
The correct answer is A)
There are three general types of floodplains. The most common are coastal areas and those bordering
streams that flood during the 100-year statistical storm. The less common areas are isolated
depressions that flood at least once a year to an average depth typically of six inches and to a volume of
one-quarter acre-foot (10,890 cubic feet).
(39) If a surface waterbody exhibits excess algae or plant growth, what is the “LIKELY” nonpoint
source of pollution?
A) sediment from agriculture
B) urban runoff
C) runoff from silviculture
D) nutrients from agriculture or septic systems
The correct answer is D)
Excess algae or plant growth, often called eutrophication, is usually the result of nutrients entering the
water body from agriculture, septic systems and lawn fertilizers.
(40) Best management practices (BMPs) typically refer to land management for what use?
A) agricultural uses
B) residential uses
C) urban development
D) all of the above
The correct answer is D)
BMPs focus on controlling pollutants where they originate–for example, in agricultural fields or
residential subdivisions.
(41) “It is of course implicit that a use restriction on real property may constitute a ‘taking’ if not
reasonably necessary to the effectuation of a substantial public purpose.” This sentence is “BEST”
summarized by which of the following?
A) a taking will be found to have occurred if the community prohibits the use of real property to its
highest and best use
B) a taking will be found to have occurred if the community places a use restriction on real property
C) a taking will be found to have occurred if the community places a use restriction on real property not
rationally connected to the community’s planning goals or programs or other public benefit
D) none of the above
The correct answer is C)
A taking will be found to have occurred if the community places a use restriction on real property not
rationally connected to the community’s planning goals or programs or other reason rationally
connected to the protection of the health, safety or welfare of the community and its inhabitants.
(42) The City of Portsmouth is experiencing rapid development within the zones of contribution to
their public supply wells. Which of the following management techniques is “BEST” suited for offering
a subdivision design alternative to locate septic systems outside the zones of contribution?
A) Transfer of development rights
B) Cluster development
C) Subdivision phasing
D) Building permit moratorium
The correct answer is B)
A cluster development provides an alternative to the standard grid-style subdivision. It provides
tremendous flexibility for both the developer and the municipality, and often allows for greater
creativity and environmental sensitivity in the division of large land parcels. By definition, a cluster
configuration places the development on a smaller portion of the locus than under a traditional “grid”
development scheme. This placement, because it is developing the same number of units on a smaller
portion of the parcel, requires that units be situated on smaller lots than would otherwise be allowed in
a “grid” development. In exchange for developing on smaller lots, the petitioner is required to set aside,
typically into perpetuity, land within the development as open space. A key ingredient in successful
cluster regulations has been the requirement that the open space have “value” and not simply be land
that could not be developed. Moreover, the location, extent, and upkeep of the open space is of
paramount importance in designing and implementing an effective cluster ordinance.
Suggested reading: “Rural by Design: Maintaining Small Town Character”, R. Arendt, American Planning
Association, 1994, “The Cluster Subdivision”, American Planning Association, PAS #356, 1980, and
“Saving American Farmland: What Works”, American Farmland Trust, 1997.
(43) The largest interest an owner can have in real property is “BEST” referred to as:
A) Fee simple estate
B) Restricted estate
C) Equity estate
D) Easement estate
The correct answer is A)
A fee simple estate gives the owner the right to dispose of the interest in the land or pass it on to his
heirs. Fee simple estates can be taxed and/or taken by eminent domain by the government. In theory
(and law), a fee simple estate continues throughout time indefinitely; the chain of ownership will
continue, unbroken, forever. A fee simple estate is distinguished from a defeasible estate in that a
defeasible estate does not continue in it’s chain of ownership forever, but rather, due to an event or
simply the passage of time, is transferred to parties other than the current holder’s descendants or
devisees.
Suggested reading: “Property”, J. Dukeminier and J. Krier, Little, Brown, and Co., 1998.
(44) Which is the tax with the “LEAST” amount of overlap between government entities?
A) property tax
B) sales tax
C) income tax
D) corporation taxes
The correct answer is A)
The property tax is almost exclusively a local government tax, while sales, income, and corporation taxes
overlap between the federal, state, and local levels of government.
(45) Which of the following source(s) of information would be “LEAST” helpful in identifying potential
groundwater contamination sources in a small town?
A) aerial photographs
B) assessor’s plats
C) zoning map
D) subdivision regulations
The correct answer is D)
Aerial photographs, assessor’s plats and the community zoning map all provide clues to potential
groundwater contaminants. The subdivision regulations would not be helpful in determining past or
present sites of contamination.
(46) As planning director, you have been asked to obtain information regarding the type of soils
existing in your community. Which of the following agencies are you “LEAST LIKELY” to contact for
this information?
A) Soil Conservation Service
B) US Geological Survey
C) US Department of the Interior
D) US Department of Commerce
The correct answer is D)
The Department of Commerce would be useful in providing information on climate and wildlife
resources, but would be least helpful in your investigations on soil types in your community.
(47) Which of the following would be “LEAST LIKELY” to be affected by rising sea level?
A) Inland communities located more than 20 miles from the ocean, since the effects of sea level rise will
affect only coastal communities within 20 miles of the ocean
B) Coastal communities whose drinking water supply is derived from groundwater sources
C) Communities located in Iowa and Kansas
D) Coastal flood zones as mapped by the Federal Emergency Management Agency (FEMA)
The correct answer is C)
Communities in Iowa and Kansas are not likely to be affected physically by sea level rise. Answer A) is
incorrect because there are coastal estuaries which extend far inland, more than 20 miles from the open
ocean (e.g., Chesapeake system), which could be drowned by rising sea level. Drinking water supplies
from groundwater sources in coastal areas could potentially be threatened by increasing salt water
intrusion as sea level rises. Coastal flood zone maps would change as sea level rises.
(48) Of the following acts involving environmental issues, which one requires the “LEAST” active role
by local government?
A) the National Environmental Policy Act
B) the Safe Drinking Water Act
C) the Community Right to Know Act
D) the Resource Recovery and Conservation Act
The correct answer is A)
The National Environmental Policy Act was designed to require environmental impact studies for certain
federal actions. Local (and state) government role is limited to review and comment
(49) Which case “FIRST” established the concept of “public welfare”?
A) Village of Euclid v. Ambler Realty Co.
B) Golden v. Planning Board of Ramapo
C) Southern Burlington County NAACP v. Township of Mount Laurel
D) Nectow v. City of Cambridge
The correct answer is A)
The United States Supreme Court upheld the City of Euclid’s zoning regulations as a legitimate exercise
of the police power, asserted for public welfare. The court’s decision established local zoning as a legally
defensible land use regulation and formed the basis for local court decisions on land use controls for
several years
(50) Which concept did Fred French Investing Co. v. City of New York introduce for the “FIRST” time?
A) planned unit development
B) transfer of development rights
C) eminent domain
D) open space zoning
The correct answer is B)
The French case is best known for the ruling that transfer of development rights, while a legitimate
planning tool, would be inappropriate to compensate the landowner for a taking by the City of New
York.
(51) Your client has asked you to investigate the risks involved in the acquisition of a large rental
housing project. She is concerned with the overall after-tax value of the acquisition. As her advisor,
you are likely to recommend, as one of the “FIRST” steps, that she:
A) Prepare an income statement for the project
B) Prepare a cash flow statement for the project
C) Analyze the pre-existing rental contracts to project cash flow
D) A) and B)
The correct answer is D)
With the preparation of both an income statement and a cash flow statement (commonly called a “set
up”), the prospective real estate purchaser can accurately measure the value (and risks) of the
acquisition. The key distinction between the two statements is that the income statement projects
either net or gross income over a period of time, while the cash flow statement projects the timing of
incoming payments. The importance of the later, of course, is that even with a positive income
statement, poor cash flow can prove fatal to any business.
Suggested reading: “The Financial Analysis of Governments”, R. Berne and R. Schram, Prentice Hall,
1986.
(52) What is the “MOST COMMONLY” used standard to determine the payment for condemned
property?
A) its highest and best use
B) the restoration standard
C) its replacement value
D) its investment return potential
The correct answer is A)
The majority of governments involved in condemnation payments employ the highest and best use
standard; the highest and best use to which the property can be adapted.
(53) The concept that a hardship must be unique to the particular property and not to the owner or
the general public is “MOST LIKELY” to be included in the discussion of which of the following?
A) special permit
B) rezoning
C) variance
D) eminent domain proceeding
The correct answer is C)
“Hardship” is the key indicator of a variance.
(54) Which of the following techniques would be “MOST EFFECTIVE” for a community to employ as it
seeks to protect its reservoir from contamination?
A) raise the current minimum lot size in the watershed from 1 to 3 acres per dwelling
B) prohibit expansion of the existing landfill
C) prohibit additional industrial and commercial development in the watershed
D) purchase 25% of the undeveloped land in the watershed for passive conservation
The correct answer is D)
Acquiring land in the watershed for conservation purposes is the most effective technique for protecting
the water supply. Answers A) through C) are effective, but still allow existing land uses to continue,
posing a constant threat to water quality.
(55) In reviewing a groundwater model, what is the “MOST IMPORTANT” aspect to check to validate if
the model is sufficiently designed to adequately portray the true system?
A) Accuracy of the model output when compared to the observed field data
B) Precision of the model output
C) Size of the model cells or elements
D) Number of calibration runs conducted
The correct answer is A)
Groundwater models should be calibrated against observed conditions and field data. Typically, model
calibration involves testing the model against more than one set of known conditions to ensure that the
model can adequately portray more than one set of conditions. Size of model cells and number of
modeling runs are also important, but to a lesser degree. Model precision refers to the repeatability of
the results, not the correctness of the results.
(56) A coastal community is concerned that their current level of development may be affecting water
quality. As the town is located on an estuary, a nitrogen loading analysis of the estuary is performed
based on its surrounding watershed. The town is located in this watershed. The community wishes to
use GIS to perform the analysis, as there is no funding for a comprehensive sampling program. Which
of the following datasets will be “MOST HELPFUL” to the town?
A) land use
B) water quality data gathered at scattered points within the watershed at various times
C) aerial photographs
D) topographic maps
The correct answer is A)
Nitrogen loading analyses are based on land use data as varying land uses contribute varying amounts of
nitrogen. For example, you would expect more nitrogen from a fertilized golf course than you would
from forests. There are publications that can help you to determine the nitrogen loading rates from
various land uses. Scattered water quality data may help to confirm portions of a nitrogen loading
analysis but cannot be used as a basis for the analysis. Aerial photographs may be used to help in
determining land use. Topographic maps will be helpful in delineating the watershed areas that may
contribute nitrogen to the water body of interest.
(57) An image is not aligning properly with your other data themes or layers. This is “MOST LIKELY”
due to:
A) the image file is not compatible with your data files
B) your GIS software does not support that image file type
C) the image file has not been registered correctly or is not registered
D) vector data cannot be displayed with raster or image data
The correct answer is C)
There is a very good possibility that the image file has not been registered in the same projection and/or
coordinate system as your other data files. GIS places datalayers where they belong on the earth’s
surface. In this manner, data that belongs in Wisconsin appears in Wisconsin and data that belongs in
Massachusetts appears in Massachusetts. If an image has not been registered correctly or is in a
different coordinate system, it will not appear with the rest of your data. Instead, it will be positioned
on a different part of the globe.
(58) Which map is “MOST USEFUL” in determining development patterns of a city?
A) Surficial Geology Quadrangles
B) National Wetlands Inventory
C) City Assessor Plats
D) Geographic Information Systems (GIS)
The correct answer is C)
While GIS information would be of help in determining development patterns, the city assessor’s plats
may provide a more accurate picture of development patterns.
(59) In an urban community, which of the following agencies is “MOST LIKELY” to actively pursue an
adaptive re-use program?
A) Planning Commission
B) Code Enforcement Office
C) Housing Authority
D) Board of Health
The correct answer is C)
The Housing Authority is likely to establish and pursue an adaptive re-use program as a means of
creating additional housing. Adaptive re-use programs have included the re-development of old housing
stock as well as the creative re-use of industrial structures for rental and ownership housing.
(60) The City of Westchester is experiencing rapid division of its undeveloped parcels. As planning
director, you have been asked to draft revisions to the comprehensive plan that would lay the
foundation for slowing the city’s growth. The Mayor has asked you to determine the “MOST
APPROPRIATE” technique for reducing the number of lots that can be built upon within any 12 month
period. You would most likely recommend the following growth management technique:
A) Transfer of development rights
B) Cluster development
C) Subdivision phasing
D) Building permit moratorium
The correct answer is C)
Subdivision phasing allows Westchester to limit the number of lots within a subdivision that are built
upon in any specified period of time. This is a useful technique within specific areas of a community in
that it allows the city time to prepare for the impacts/needs of future growth. Note that subdivision
phasing regulations do not necessarily limit the total number of lots built upon city-wide. Rather, this
technique focuses on particular regions or areas of the City where growth control is desired. For
example, if development within certain roadway corridors is exceeding the goals of the comprehensive
plan, subdivision phasing may be an appropriate technique for slowing growth patterns along those
corridors.
(61) What is the “MOST EFFECTIVE” regulatory technique for protecting a town’s groundwater supply?
A) Downzone all residential districts in the town from 1/2 acre minimum lot size to 2 acres per dwelling
B) Revise the subdivision regulations to limit dead-end roads to 600 feet
C) Adopt an overlay zoning ordinance prohibiting non-residential uses within aquifer recharge areas
D) Adopt an impact fee ordinance to collect funds from developers
The correct answer is C)
Adopting an overlay district to protect the aquifer recharge areas is a proven regulatory technique for
protecting groundwater quality.
(62) Which of the following is the “MOST APPROPRIATE” way to regulate the development of a new
landfill?
A) variance
B) special permit
C) cluster zoning
D) rezoning
The correct answer is B)
Special permits are appropriate instruments for siting uses a community considers essential, but may
require special attention due to environmental threats.
(63) Which of the following is the “MOST APPROPRIATE” way to regulate the expansion of a
nonconforming structure?
A) variance
B) special permit
C) cluster zoning
D) rezoning
The correct answer is B)
A special permit application is the appropriate instrument to determine the impacts of expansions of
pre-existing, nonconforming uses and structures to a neighborhood.
(64) Which of the following is the “MOST APPROPRIATE way to regulate the expansion of a
commercial use into a residential neighborhood?
A) variance
B) special permit
C) cluster zoning
D) rezoning
The correct answer is D)
A rezoning of a portion of the residential property to accommodate the commercial use would be the
most appropriate approach to the expansion.
(65) Which of the following is the “MOST APPROPRIATE” instrument for waiving the frontage
requirements for a lot located on an isolated hillside?
A) variance
B) special permit
C) cluster zoning
D) rezoning
The correct answer is A)
A variance would be appropriate in this case, provided the hillside represented a severe topographic
hardship, precluding the strict application of the ordinance.
(66) The “MOST COMMON” source of nonpoint pollution is:
A) agriculture
B) silviculture
C) mining
D) construction and urban runoff
The correct answer is A)
Two-thirds of the country’s rivers are adversely affected by agricultural nonpoint-source pollution,
generally stemming from crop production and animal husbandry.
(67) Which of the following boards is “MOST LIKELY” to conduct a site plan review of an industrial
park development?
A) Planning Commission
B) Zoning Board of Appeals
C) Fire Department
D) Code Enforcement Office
The correct answer is A)
The site plan review process varies from community to community, but of the boards noted above, the
Planning Commission is the most likely board to conduct or, at least, coordinate the industrial park’s site
plan review. It is possible, however, that all of the agencies noted above are involved, to some degree,
in the site plan review.