Jim Dale Director, Environmental Health Jefferson County Public Health

Healthy Environments, Communities and Homes: a perspective of an EH Director that sits on a City Planning Commission Jim Dale Director, Environmental Health Jefferson County Public Health

OverviewA Rambling Look at Many Topics • A topical perspective/model • Big picture challenges & issues • PH, EH and land use planning • History & the law • Police powers & public trust doctrine • Police powers applied • Use Permit on Steroids • The best video on Health Places

A Perspective The Environment Community Home

Global Environmental Challenges**www.battelle.org • Establishing programs to: • clean up legacy problems • restore natural resources, and • achieve human health protection; • Designing strategies: • allowing for future growth • protecting the environment • maintaining biodiversity • safeguarding human health, and • preserving cultural/ social values.

Environmental Issues • Global warming • Climate change • Energy consumption • Solid Waste & Building Materials • Air pollution • Water pollution

Health - the Actual Causes of Death** USA, 2000, by agent by deaths by percent of deaths • Tobacco 435 000 18.1 • Diet/physical inactivity 400 000 16.6 • Alcohol consumption 85 000 3.5 • Microbial agents* 75 000 2 • Toxic agents 55 000 • Motor vehicle crashes 43 000 • Incidents involving firearms 29 000 • Sexual behaviors 20 000 • Illicit use of drugs 17 000 * CDC estimated that about 36,000 people died of flu-related causes each year, on average, during the 1990s in the United States.

Changing Health issues • Mental Health - Seventy-three percent more adults and 50 percent more kids were using prescription medications to treat mental illness in 2006 than in 1996, according to a new study published in the journal Health Affairs • Asthma- has emerged as a major public health problem in the United States over the past 20 years. Currently, nearly 15 million Americans have asthma, including almost 5 million children. The number of asthma cases has more than doubled since 1980.

Ten Great Public Health Achievements -- United States, 1900-1999 • Vaccination • Motor-vehicle safety • Safer workplaces • Control of infectious diseases • Decline in deaths from coronary heart disease and stroke • Safer and healthier foods • Healthier mothers and babies • Family planning • Fluoridation of drinking water • Recognition of tobacco use as a health hazard

Healthy Community Challenges • Climate change • Energy Use and Transportation • Water Quality • Legacy problems • Improving Air Quality • Injuries • Sense of community and social connectedness • Promoting Physical Activity • T.O.D. & Mixed Use • Local Healthy Foods

Issues with Homes • Buildings use 39% of the energy consumed in the USA • IAQ • Colorado is in the Radon Zone 1 • CO, Mold, Lead etc. • Water • Lot size & Lot characteristics • Scrape offs • Sprawl vs. Density

A Rhetorical Question“Is Land Use Planning, Public Health?” Sustainable Development "meets the needs of the present without compromising the ability of future generations to meet their own needs." Fulfilling societies interest in Assuring conditions where people can be healthy

Environmental Health Air Earth Food Water Zoonosis Land Use Planning Health Safety Welfare “Where You Are is Where You Sit”

Learning from History “Looking for the Common Good Or At Least Surviving”

Land Use Public Health Let’s look Back

Land Use Public Health Let’s look Back Help….what should we do?

Enter the Law“Land Use & Health” Roman Law – Justinian English Law – Roots in Roman American Law – Roots in English Evolution of American Law

Evolution of American Law “Land Use & Health” • “Government is instituted no less for the protection of property than of the persons of individuals.” Federalist No.54 (1788) - James Madison • “Property must be secured or liberty cannot exist. The moment the idea is admitted into society that property is not as sacred as the laws of God… anarchy and tyranny commence.” (1790) - John Adams

Evolution of American Law “Land Use & Health” • “Private property is a creature of society, and is subject to the calls of that society whenever its necessities require it, even to the last farthing.” Benjamin Franklin • “Without health there is no happiness. An attention to health, then should take the place of every other object.” Thomas Jefferson

Evolution of American Law “Land Use & Health” • Adams and Madison won out with the Fifth and Fourteenth Amendments “.. nor shall private property be taken for public use, without just compensation.” • “The general rule is that while private property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.” (1922) Justice Oliver Wendell Holmes

Evolution of American Law “Land Use & Health” • Police Powers • the capacity of a state to regulate behaviors and enforce order within its territory, often framed in terms of public welfare, security, health, and safety. • Public Trust Doctrine • the principle that certain resources are preserved for public use, and that the government is required to maintain it for the public's reasonable use.

Examples of American Law “Land Use” “Police Powers” Protect property by separating uses – (San Francisco, New York) Enact zone districts – Euclid, Ohio • Ambler Realty v Euclid, 1927 • Euclidian Zoning

CDC Public Health Law 101

Evolution of American Law “Land Use & Health” • Police Powers • the capacity of a state to regulate behaviors and enforce order within its territory, often framed in terms of public welfare, security, health, and safety. • Public Trust Doctrine • the principle that certain resources are preserved for public use, and that the government is required to maintain it for the public's reasonable use. “Land Use Planning is Public Health”

Land Use Planning is Public Health Sustainable Development "meets the needs of the present without compromising the ability of future generations to meet their own needs." Fulfilling societies interest in Assuring conditions where people can be healthy

Land Use Planning is Public Health • Police Powers Basis • Public Health • Public Safety &Security • Public Welfare

Public Health Public Safety &Security Public Welfare Sense of Community Community Character Social Capital &Significant others Sense of security Sense of Place Eyes on the Street Land Use Planning is Public Health Streets & Streetscapes

Public Health Public Safety &Security Public Welfare Sense of Community Community Character Social Capital &Significant others Sense of security Sense of Place Eyes on the Street Economic Dev. Jobs Land Use Planning is Public Health Streets & Streetscapes Pearl Street

Public Health Public Safety &Security Public Welfare Opportunities Recreation Conversation Enjoy nature and the outdoors People watch Land Use Planning is Public Health Sense of Place “Life, Liberty & the Pursuit of Happiness”

Public Health Public Safety &Security Public Welfare Land Use Planning is Public Health Streets & Streetscapes Ft Collins

Density Mixed use Injury prevention Eyes on the Street Bike Safety Land Use Planning is Public Health Streets & Streetscapes

Pedestrian Safety Emergency access Safe routes to school Walking school bus Traffic movement & calming Land Use Planning is Public Health Streets & Streetscapes

Public Health Public Safety &Security Public Welfare Land Use Planning is Public Health 16th Street Mall

Land Use Planning is Public Health • Brown fields • Dust • Water • Storm • ISDS • Gardens & Landscaping

Land Use Planning is Public Health • Physical Activity • Trails • Sidewalks • VMT • T.O.D.

Energy IAQ Colorado is in the Radon Zone 1 CO, Mold, Lead, etc. Water Lot size Scrape offs Public Health and Homes“Use Permit on Steroids”

Sense of community and social connectedness

The best video on Health Places Dr “Howie” Frumkin http://www.cdc.gov/healthyplaces/ http://www.cdc.gov/healthyplaces/

Jim Dale Director, Environmental Health Jefferson County Public Health