If I decide to develop a green building ordinance, does it belong in the local zoning ordinance, or the local building code?
It all depends. As mentioned above, any local modifications to the State Building Code have to follow prescribed procedures established by State law. However, many green building measures found in a variety of green building rating systems are not considered “building standards” as defined in the CA Health and Safety Code. For instance, construction debris diversion and the use of drought-tolerant plants are included in the list of measures found in most of the green building programs, but there is no need to modify the State Building Code because they are not building standards. Measures such as these can be considered for placement into the local zoning ordinance because they can be considered land use issues. On the other hand, modifying the CA Energy Code clearly is a modification of a building standard, which is not a land use concern. There are some requirements that don’t fall into either camp. For instance, establishing areas for recycling within a dwelling unit isn’t a land us
