LARE Section 1 Flashcards
Easement
a right to cross or otherwise use someone else’s land for a specified purpose.
Land Use Plan
Land-use planning is the process of regulating the use of land in an effort to promote more desirable social and environmental outcomes as well as a more efficient use of resources. In doing so, the governmental unit can plan for the needs of the community while safeguarding natural resources.
Land Use Types
seven types: residential area, institutional area, industrial area, road greenbelt, roadside, park, and forest.
Zoning
Zoning refers to municipal or local laws or regulations that dictate how real property can and cannot be used in certain geographic areas.
Zoning laws are almost always enacted and enforced by local, and not statewide or nationwide, authorities. City governments, town governments, village governments and the like are merely functions of the state government. They derive all of their authority from the states in which they reside.
Public Right of Way
As a general rule, a city or county right-of-way is an easement for public travel. The right-of-way easement generally extends beyond the improved roadway and includes sidewalks, if any, and parking strips (the area between the sidewalk and the paved street or road).
Lien
a right to keep possession of property belonging to another person until a debt owed by that person is discharged
Restrictive Covenant
a covenant imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved.
CLARB
The Council of Landscape Architectural Registration Boards (CLARB) works to protect the public’s health, safety and welfare by establishing and promoting professional licensure standards. United States and Canada.
Reciprocity
Interstate Licensure Reciprocity
In some instances, reciprocity agreements are in place to make it easier for someone who already holds a license in one state to obtain a license in another state. However, the degree to which such reciprocity exists can vary widely depending on the profession and the states involved.
ASLA
The American Society of Landscape Architects is a professional association for landscape architects in the United States. The ASLA’s mission is to advance landscape architecture through advocacy, communication, education, and fellowship.
deed of trust or trust deed
legal instrument which is used to create a security interest in real property wherein legal title in real property is transferred to a trustee, which holds it as security for a loan between a borrower and lender.
quitclaim deed
a legal instrument that is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee.
conveyance survey/conveyancing
What is a conveyance survey?
You might hear the word “conveyancing” being used when buying a house. It’s just a fancy word for the legal transfer of property from one person to the next. Typically, conveyancing involves: Acting as an intermediary between you, the mortgage lender and the seller. Looking over any contracts that pass between you.
survey of record
Record of survey - monumentation
Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily
disturbed, to assure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey.
Sunset Law Review
Periodic reviews of state agencies that exercise the state’s regulatory authority over occupations. Agencies are terminated by specific dates unless their life is extended by legislative action
Practice Acts
Prohibits an unqualified individual from calling themselves an LA and from practicing the profession
Title Acts
No unqualified individual may call themselves a LA
And individual may still preform the work of a landscape architect but not identify themselves as a landscape architect
coastal zone management
State level function
National Pollutant Discharge Elimination Act of 1972
Clean Water Act
“Clean Water Act” became the Act’s common name with amendments in 1972. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained:
EPA’s National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Deals
Safe Drinking Water Act of 1974
protect public health by regulating the nation’s public drinking water supply. Standards for drinking water to protect against both naturally-occurring and man-made contaminants that may be found in drinking water.
Marine Protection, Research & Sanctuaries Act of 1972
Ocean Dumping Act
one of several key environmental laws passed by the US Congress in 1972. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research.
Federal Water Pollution Act of 1972
As amended in 1972, the law became commonly known as the Clean Water Act (CWA). The 1972 amendments: Established the basic structure for regulating pollutant discharges into the waters of the United States. Gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry.
Resource Conservation & Recovery Act
federal law in the United States governing the disposal of solid waste and hazardous waste.
floor area ratio
Floor area ratio (FAR) is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area).
growth management
a set of techniques used by the government to ensure that as the population grows that there are services available to meet their demands.
Growth management means specific regulatory policies aimed at influencing how growth occurs, mainly within a locality. These affect density, availability of land, mixtures of uses, and timing of development.
This is done at the state level usually, which follows national rules, locally regulated.
area of state critical concern
environmental regulations at the state or local level that focus on a particular unique region or location
codes, covenants & restrictions
Covenants, Conditions & Restrictions, commonly called CC&Rs, are a set of rules established by a developer or homeowners association that govern residences in a particular neighborhood or condominium.
CC&Rs may put restrictions on parking, paint colors, noise-levels and pets, for example.
native growth protection easement
An easement granted for the protection of native vegetation within a sensitive area or its associated buffer.
The easement should be recorded on the appropriate documents of title and filed with the county records division.
buffer zone
A buffer zone is a neutral zonal area that lies between two or more bodies of land
Common types are certain restrictive easement zones and green belts. Can protect the environment, shield residential and commercial zones from industrial accidents or natural disasters
setback
the distance by which a building or part of a building is set back from the property line.
private access easement
Private access easement means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses.
right of way
the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another
record and dedicate of property
recorded land use is with the county clerks office, any changes made must be recorded.
Wetland Regulation
The Army Corp of Engineers & Fish and Wildlife Service; both are large US Agencies having programs, publishing’s and regulations dedicated to wetlands.
Administrative Agency Action
scenario where two state govern over LA complaints have been filed against, one practice act state, one title act,
Administrative practice
professional assistance needed to respond to state board that has taken action to refuse renewal of an LAs license
Malfeasance
an erroneous professional action taken by a public official
clustering
and development design tool that provides a means of both preserving open space and allowing development to be directed away from natural and agricultural resources considered important for protection by the municipality.
transfer of development rights
Transfer of Development Rights is a zoning technique that conserves land by redirecting development that would otherwise occur on the land (the sending area) to a receiving area suitable for denser development. The technique operates so that owners in the sending area can be compensated for their redirected development rights.
capital improvement
A capital improvement is any addition or alteration to real property that meets all three of the following conditions:
It substantially adds to the value of the real property, or appreciably prolongs the useful life of the real property.
It becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself.
It is intended to become a permanent installation.
breach of ethics
inflating cost estimates of bid documents when the firms fee is based on a percentage of construction cost
