News from HUD User

PD&R UPDATES

30 NOVEMBER, 2023

Symposium articles include:

John Infranca explores the early 20th-century debates over zoning, focusing on Seattle and Boston, where proponents justified zoning regulations by framing them as a valid exercise of government's police power for health, safety, and welfare. The discussions in both cities revealed tensions over neighborhood differentiation and classism as zoning proponents highlighted the comprehensive nature of zoning ordinances and pushed for expert-driven planning. This history provides insights for present-day zoning reform efforts.

Royce Hanson connects present zoning policies to the early history of U.S. zoning, citing a U.S. Supreme Court decision that raised issues like those in contemporary rezoning debates, such as preserving neighborhood character and managing traffic. The article delves into zoning mechanics, identifies obstacles to affordable housing production, and argues that the commercial republic, based on Hamilton’s vision of a partnership between the public and private sectors to generate a virtuous cycle of growth, and the miniature republics, based on Jefferson’s vision of virtuous citizens with a strong attachment to the land democratically governing themselves, have interests that converge to maintain current zoning practices.

Wenfei Xu, Scott Markley, Sara C. Bronin, and Diana Drogaris describe the National Zoning Atlas, a pioneering online repository of standardized zoning data created through data science and legal analysis. The article outlines the atlas's context, methodology, and three potential applications: supporting research (including fair housing research), enhancing planning efforts, and empowering the public through accessible zoning information.

Jenny Schuetz, recognizing the rising political significance of zoning's impact on housing affordability in the U.S., identifies how some state governments are challenging the notion of "local control" to address housing production. The article examines the diverse approaches adopted by five states to explore policy tools and potential benefits, emphasizing the need for tailored, goal-specific statewide policies due to varying market conditions.

Christopher Wielga discusses state action in the context of preemption of local land use regulations. In response to contemporary criticisms, some states are reconsidering and limiting local control. The article reviews preemptions of Accessory Dwelling Unit (ADU) regulations in nine states and suggests the potential for more effective regulatory power in the hands of state agencies.

Edward Pinto and Tobias Peter highlight the historical role of zoning, initiated in 1922 as a tool for segregation, leading to current economic segregation in residential areas. To address the housing supply crisis and promote affordability, the authors recommend implementing by-right light-touch density at the state and local levels, citing the potential for significant housing unit increases while cautioning against adding affordable housing requirements to maintain effectiveness.

Paul Cheshire discusses U.S. zoning in an international context. The U.S. land use system is one of the most locally controlled (rather than nationally controlled) in the world and rule-based (rather than discretionary). The prevalence of local control can empower “not in my backyard” or NIMBY interests resulting in restricted development and higher housing costs. Considering the goals of planning, the author also notes that zoning systems, historically used to protect insiders, may be ill-suited for achieving planning objectives like reducing carbon emissions or promoting mixed communities.