Category Archives: Land use & development

Suggestions to Ease Virginia’s Housing Crisis without Additional State Money

Courtesy californiahumandevelopment.org

by James C. Sherlock

The Richmond Times-Dispatch, on cue, wrote in an editorial the other day that more state money was needed to fund local housing.

Maybe.

But that is not the first place to look.

The governor wants to condition development aid to local communities on their reforming land-use policies to permit more construction.

I have a few ideas along that line.

Proffers, also known as conditional zoning, are a recognition that real estate developments have impacts on other properties and on services provided by the local jurisdiction. Fair enough.

The money for roads, sewers and schools has to come from somewhere. Proffers make the developers and their customers pay for a share of capital improvements deemed necessary by city/county planners.

Wielded unpredictably, and sometimes unethically, they are also part of the problem. See the excellent article Politics and Proffers by Matt Ahern for the games played with proffers and their cost to the housing economy.

Then there is low-cost housing.

The Commonwealth by law permits but does not require localities to waive fees for low-cost housing. That law, originally and curiously restricted to only non-profit developers, was updated in 2019 to permit the same waivers to for-profit builders.

Send state housing funds only to jurisdictions that do so. Require in law a limit to the costs of proffers for low-cost housing.

Finally, tax Virginia’s astonishingly profitable non-profit hospitals to help them with their mission of caring for the disadvantaged — in this case in low-cost housing. Continue reading

The “Missing Middle”: Is it an Answer to the Affordable Housing Problem?

Older houses in the Lyon Park neighborhood in Arlington. When these houses come on the market, they will likely be replaced with a much larger house like the one below.  Whether other types of housing should be allowed is being hotly contested in Arlington.  Photo credits: top: Advon Group; bottom: DC Metro Neighborhoods

by Dick Hall-Sizemore

Three years ago, in one of his periodic pleas for more flexibility in zoning laws to enable more affordable housing, Jim Bacon discussed “missing middle” housing and noted that Arlington County was beginning to consider how to address that idea. Arlington released its study late last year and the concept and recommendations have been a major source of controversy this year.

I ran across the term “missing middle” and the controversy in Arlington recently in an article in the Washington Monthly. The author, Gabby Birenbaum, is a native of Arlington. She describes her childhood growing up in the Lyon Park neighborhood in the early 2000’s with great fondness. “I absolutely loved the place.” It was a place “that everything I could desire was a walk or a short bike ride away.” She then describes significant changes in the last few years in which “growth has gone completely gangbusters.” The result has been, as the title of the article laments, “I can’t afford to live where I grew up.” Continue reading

Revive the Riverfront Plan from Its Coma

The James River in downtown Richmond

by Jon Baliles

The James River is often (rightfully) cited as the region’s crown jewel. It is the one thing just about everyone can agree on, rally behind, enjoy in their free time, and show off to out-of-town friends. If you recall the Richmond Riverfront Plan that was developed by the City at considerable expense in 2012, the first page notes:

The Plan identifies opportunities for new and expanded connections and open spaces, incorporating a broad range of landscape experiences and programmatic opportunities; it also highlights preferred private development sites that will both gain from and contribute to the long-term stewardship of the Riverfront. The Riverfront Plan establishes the James River as a shared amenity for Richmond’s broader community, a dynamic year-round attraction for the surrounding counties and region, as well as an international destination. Strengthening and re-forging physical connections and continuities with the river will significantly enhance adjacent neighborhoods, reverberating benefits well beyond the project boundary.

Some of the goals/projects of the plan were small and attainable, others large and complex, which would take planning and patience to achieve. But goals they were, and they are still worth pursuing. Ahhh, those big and grand plans that would do so much to make our river and riverfront more awesome by the year.

So, what happened to the Riverfront Plan? Continue reading

Salvation for the Mountain Valley Pipeline?

MVP route map. Click for larger view. Source: MVP

by Steve Haner

And now, from our “I’ll believe it when I see it” department, comes the expectation that passage of President Joe Biden’s new corporate tax hike and green energy incentives package will be followed by a smooth path to completion for the Mountain Valley Pipeline (MVP) for natural gas.

The topic is everywhere today because Senator Joe Manchin, D-W.Va., included it as a deal point on a summary of what he sees as agreed outcomes from his decision to support the package. But the massive bill does not (and could not) include blanket approval of the pipeline among its provisions. Continue reading

The Public Housing and Education Debate – Who, Exactly, are the Racists?

Norfolk public housing immediately adjacent to old Virginian-Pilot building

by James C. Sherlock

There is agreement on both sides of the political divide in Virginia and the rest of the country that public housing projects were and are hellholes.

I have written that the bipartisan response, vouchers, run into lack of supply virtually everywhere.

Cue the debate about causes and solutions.

Let’s take a look at the evidence. Continue reading

Solar Development Continues to Erode VA Farmland

by Barbara Hollingsworth

First published by the Thomas Jefferson Institute for Public Policy.

Virginia lost about 2,000 acres of productive farmland per week in 2021, according to data released in February by the U.S. Department of Agriculture. There are many reasons why farmers sell off their land, including development pressures, lack of interest by younger members of farming families, and the difficulties of turning a profit in the face of ever-changing market and weather conditions.

But there is now a new threat to Virginia’s agricultural base, which has a $70 billion economic impact on the commonwealth annually, according to the Virginia Farm Bureau. Continue reading

Bill to Bury Fauquier Powerline Comes to You

Various proposed power line routes from Warrenton’s Blackwell Road substation. Dominion illustration. Click to expand.

by Steve Haner

One of the key skills in politics is to make your constituents happy with money provided from those far, far away. It is happening again as Fauquier County’s leaders want the General Assembly to force all Dominion Energy Virginia’s ratepayers to pay to bury a 230-kv power line out of sight from their voters.  Continue reading

$93 Million for Virginia Trails

A newly opened hiking/mountain biking trail outside of Missoula, Montana, in land protected by conservation easements.

The Bacon Family has just returned from a nine-day hiking trip to Montana. We were not surprised that the trails at Glacier National Park, with its rivers and lakes and snow-capped peaks, were world-class spectacular. But we were pleasantly surprised by the quality of the trails around Missoula, where we enjoyed two days of walking around the city’s highly walkable downtown and hiking the hills all around. Virginia has nothing resembling the Glacier National Park, a natural wonder that simply cannot be replicated (unless you have a few hundred-million years to work on it), but we do have college towns set in the mountains like Missoula (home to University of Montana). Blacksburg, Lexington and Harrisonburg come to mind.

What Missoula has done — setting aside land with conservation easements, and investing in hiking trails — can be replicated. Indeed, Virginia’s new budget contains $93 million for multi-use trails, eight times the previous year’s General Fund commitment of $10 million, according to the Virginia Bicycling Federation. Continue reading

The Defense Production Act as a Political Tool to Boost Solar Farms

Courtesy Dominion Energy

by James C. Sherlock

We have had multiple discussions, good ones, on the issues surrounding solar farms in Virginia.

Jim Bacon wrote an excellent column about it in February of 2021 titled “The Political Economy of Solar Farms.” It was good then and prescient as of yesterday.

He wrote another one two days earlier.  From that piece:

With the enactment of the (Virginia Clean Economy Act) VCEA, Freitas wrote in the press release, Virginia is experiencing extensive land leasing and acquisition by solar developers. More than 180 solar projects accounting for 140 million solar panels are in various stages of approval or construction. Full implementation of the ACT would consume 490 square miles of Virginia’s forests and farmland, an area twenty times the size of Manhattan.

Thanks to President Biden’s new political/industrial policy, those solar farms just got cheaper. And Chinese solar stocks just got more expensive.

Both of which were made to happen because the President removed the tariffs on Chinese solar panels. Readers rationally can be for that action or against it. But the left has settled on the Defense Production Act as a favored service animal.

So, the President, in addition to removing the tariffs, invoked that act as a national emergency response to mandate additional domestic production of solar panels.

Let’s try to pin down the nature of the emergency and the unintended consequences. Continue reading

Unaffordable? A Proposed Town Center Doesn’t Have to Answer the Questions It Raises.

Land across from Harrisonburg High School is the site of a proposed 1,000 unit housing development. Photo credit: Daily News-Record

by Joe Fitzgerald

On the website for a proposed 1,000-unit housing development in Harrisonburg is a description of the players in the project. Included is a history of sorts of the Harrisonburg Redevelopment and Housing Authority:

“[A] local election was held on November 8, 1955 and a majority of those voting in the election approved the need for a Redevelopment and Housing Authority to be activated in the City.”

The next sentence says HRHA helps people with their rent today. You’d almost think nothing had happened in the ensuing 67 years.

Sure, there was the time HRHA destroyed the city’s Black business section to build a Safeway and a Rose’s. And the time the authority partnered with the city and county to raze a couple of city blocks downtown to build a jail. There was the theatre that had to be bailed out by the city and the community center renovation that had to be bailed out by the city. (Full disclosure, I voted for the first bailout when I was on City Council and knew the second would have to happen when I voted for the renovation.)

It’s not that HRHA has a checkered history. It just happens to be the agency the city has often used for projects that are off the city’s books, until they’re not. Continue reading

How the City of Richmond Kneecaps Itself

Andreas Addison. Photo credit: Jonathan Spiers, Richmond BizSense

by James A. Bacon

Andreas Addison may be a city councilman in Richmond, but it doesn’t look like he’s getting any special treatment from city hall. With plans to open a gymnasium, he is renovating an old brick building in Scott’s Addition, a neighborhood that is transitioning from light industrial and warehousing into a hipster haven. 

He signed a lease early last year and applied for permits to remodel the space, reports Richmond BizSense. Five months later, he thought he was on track to get his building permit and start work. Then he got a call from City Hall.

The city rejected his permit because an access ramp he’d planned to install on the building’s exterior encroached upon the 10-foot-wide sidewalk. Addison would have to move the ramp inside the building. The change cost him $40,000 and eliminated space for a juice bar he’d intended to install. “The phone call came at month five and (the ramp) was on page two of the plans,” he told BizSense. “Why did it take four months to get to that point?” Continue reading

What Virginia Can Do to Temper Inflation


by James A. Bacon

Governor Glenn Youngkin has proposed using $437 million in unanticipated transportation revenues, much of it generated by the wholesale tax on gasoline, to give Virginians a three-month break on the 26-cent retail gasoline tax.

During his campaign, Youngkin ran on a platform of addressing Virginia’s high cost of living and reversing the erosion of middle-class living standards. A vacation on the gasoline tax is certainly consistent with that theme. And with inflation running at nearly 8% over the past 12 months, Virginians need help wherever they can find it. They will find no succor from Democrats, whose list of unmet societal “needs” is endless. They are delighted to spend every dime in tax revenue on one of their favored causes — which, alas, rarely includes helping financially strapped middle-class taxpayers.

While Youngkin has identified a winning issue, he needs to think bigger and more systematically. It’s fine to dial back the gasoline tax for a time, remove the sales tax on groceries, and try to repeal the Regional Greenhouse Gas Initiative (RGGI) carbon tax, but there is so much more that he can do.

Forty-one percent of the cost of living, as calculated by the Bureau of Labor Statistics, is housing, 17% transportation, 7% medical care, and almost 7% education. Each of these categories is, to some degree, influenced by state-level budgetary and regulatory policy. Continue reading

Remembering Til Hazel

Photo credit: Virginia Law Foundation

by Ken Reid

Northern Virginia is the object of admiration and contempt, in Republican circles, and even among some liberals in economically stagnant Maryland and Washington, D.C.

In the last few years, Loudoun County, where I had a political career as a Republican, has gone “blue” as has Prince William and much of Fairfax counties.
Some conservatives lament the influx of liberals and also immigrants, notably from Asia and Latin America, though of late, Latinos seem to be voting more Republican.

But the counties and cities that make up “Northern Virginia” – Fairfax, Loudoun, Prince William, Arlington and cities Alexandria, Fairfax, Manassas, etc. – are one of the most prosperous regions in the U.S. It is nearly recession-proof due to the largesse of the federal government, particularly defense and homeland security dollars (which we Republicans support, no?)

The success of NoVa is also due to business leaders who in the 1950s and 60s saw the area, particularly Fairfax County, as a potential economic engine. One of those was John Tilghman Hazel, known as “Til,” a Harvard-educated attorney and developer, who passed away March 15 at his farm in Fauquier County at the age of 91. Continue reading

A Malicious Prosecution

by Carol J. Bova

During the Bob McDonnell administration, the Commonwealth of Virginia preserved 232,000 acres through conservation easements or donations, falling short of the governor’s 400,000-acre goal because of the tight economy. Seizing on the deficit in his 2013 gubernatorial campaign, Terry McAuliffe promised that he would “preserve at least 400,000 acres of open space.” He repeated the number in his first speech to the General Assembly after taking office in 2014.

By 2015, it became obvious McAuliffe could not meet his goal. Scrambling to save face, he announced in April 2015 the launch of “Virginia Treasures,” a strategy for conserving land and expanding access to public outdoor recreation. The goal was to identify, conserve, and protect at least 1,000 “treasures” by the end of his term.

It soon became apparent to many residents of Mathews County that their property and their homes fell within the pale, blue-coded areas of the map where McAuliffe hoped to find his Virginia Treasures. And so began a seven-year nightmare for the Eubank family as the local government tried to bully them, in what they saw as a grotesque abuse of bureaucratic power, to diminish the value of their private land so that it could be acquired for a public access site. Continue reading

Development and Sea-Level Rise in the Tarheel State

by James A. Bacon

People love living on the water. They just can’t get enough of it. If they can’t afford to live on the waterfront, they will pay a premium just to live near it. Signs of the human proclivity for water views are evident all around Beaufort, N.C. (pronounced Bow-fort, not Bew-fort), a waterfront town of 4,000 to 5,000. The heart of Beaufort is a charming hamlet dating back to the 1700s. The walkable small-town core with restaurants, boutiques, marinas and quaint historical buildings is the nucleus from which development radiates in all directions.

Coastal North Carolina in these parts, just south of the Outer Banks, is as low-lying and vulnerable to flooding and hurricanes as Tidewater Virginia. I know nothing of what preparations the Tarheel state might be taking in anticipation of the kind of extreme weather events that Jim Sherlock has described in recent posts. I will simply observe that whatever restrictions exist, they don’t seem to be slowing the pace of development on the state’s barrier islands and along its sounds, channels and estuaries. Continue reading