The House Tackles Land Use

As Doug Koelemay observed in today’s column about the Tofflers’ new book, “Revolutionary Wealth,” different institutions evolve at different rates. If cutting-edge businesses are charging ahead at 100 miles per hour, labor unions are trotting along at 30 m.p.h. and government is trudging behind at 20 m.p.h. (Schools, political institutions and the law are even slower.)

Earlier today, the House of Delegates just mashed the accelerator. Demonstrating its seriousness about devising a comprehensive solution to Virginia’s transportation woes as opposed to papering them over with another round of taxes, House leaders unveiled a three-pronged package intended to bring Virginia land use policies into the 21st century.

These three bills would alter Virginia’s transportation debate beyond recognition. There is simply no way that the Axis of Taxes and the Mainstream Media can continue defining the debate as a simple issue of how much more money is needed and where it’s going to come from. The House is forcing the state Senate to contend with the link between land use and transportation at a more fundamental level than Virginia legislators ever had to before.

House Speaker William J. Howell summed up the philosophy behind the reforms:

Any plan to improve transportation that ignores one of the root causes of clogged roadways – namely, Virginia’s 70-plus-year-old government land use policies – is inherently inadequate, shortsighted and flawed. The Commonwealth can no longer afford to be timid or piecemeal in targeting solutions toward this aspect of the overall challenge. That is why our forward-looking legislation for the first time directly ties land use and transportation. I am firmly behind this initiative to introduce accountability and devolve management as part of a sweeping and much-needed overhaul of Virginia’s approach to land use policy.

The three initiatives include:

  • Urban Transportation Service Districts. HB 5093 would allow local county governments to create “urban transportation service districts” and assume responsibility for maintaining all secondary (i.e., subdivision) roads. The state would give localities road maintenance funds equal to what VDOT would spend anyway, which localities could supplement with impact fees.
  • Urban Development Areas. HB 5094 would require every county to amend its comprehensive plan to incorporate at least one “urban development area” sufficient to satisfy a full decade of projected residential growth. The goal is to require localities to plan for future development, eliminating the “haphazard ‘shotgun’ approach that has resulted in uneven sprawl and subsequent road congestion,” and to strike a better balance between settlement patterns and transportation system capacity.
  • Subdivision streets. HB 5096 would end the practice of taking additional subdivision streets into the state secondary highway system, effective January 1, 2007. Currently, the state code requires VDOT to accept into the Commonwealth’s secondary system any new roads that meet state standards, with the result that Virginia has added approximately 1,500 center-lane miles to its secondary road system over the past 10 years, adding considerably to the state’s roadway maintenance budget. The thinking is to make localities responsible for maintaining the streets in subdivision developments that they approve.

These are refreshing ideas but the devil is in the details. That’s all I’ll say for now. I’ll post again in the future when I’ve had a chance to absorb these ideas and assimilate feedback. To read the Speaker’s press release with full details, click here.


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15 responses to “The House Tackles Land Use”

  1. Anonymous Avatar

    -Do localities currently have the $$$ to maintain their “own” roads and provide the same level of service as VDOT?

    -Instead of having the state pit roads vs. schools, will this simply become a situation where local elected officials must make these decisions? In other words…is the state simply “passing the buck” back to the localities?

    -Is each locality in the commonwealth now going to have to add another $70,000/year job so someone can implement and manage these proposed laws and regulations? Will they also be responsible for paying the road crews, etc.? Will it be up to the locality to purchase/upgrade/fix/house equipment, etc.?

    -What new tools will localities have to deny zoning requests for developments that over-burden an inadequate transportation system? Or, will these new bills somehow make the development community “pay” for the new roads that will be needed as a result of what they plan to build?

    What does the development community think of this? Do they support it?

    IMO, requiring developers to pay for the upgrading of road networks due to the impact that their developments have on public roadways is a good approach.

  2. Toomanytaxes Avatar
    Toomanytaxes

    5:16 At the risk of being viewed as self-promotional, I’ve posted VDOT data on maintenance costs for secondary and local roads and on the increase in those roads on my blog “A Dog with Five Legs” for September 20 & 21. The data show that only a few locations are big producers of additional state and local roads. Moreover, VDOT’s maintenance of secondary roads seems much more efficient than the performance of those local governments that maintain their own streets (cities, towns, Arlington and Henrico Counties).

    BTW, I strongly support your position that we need much more from developers. Property rights in dirt are no more valuable than other property rights.

  3. Anonymous Avatar

    The only land use that has anything to do with transportation is too much land use.

  4. Yep, the Feds are passing the buck to the state and the state is passing the buck to the localities.

    In my view that is as it should be. Let me pay 100% of my taxes to my locality. Then if the state needs money they can deal with my supervisors. If the Feds need money they can deal with my state senators and governor.

    Why should I have to deal with all three? Any business has a hierarchical organization, what the hell happened to government?

  5. The argument against developers seem to be that they cause growth that increases our taxes. (How does this square with the idea that density reduces costs?)

    So be it. Decide what a fair payment should be and then get off their backs. Maybe it is a sliding schedule of payments depending on what the resulting density is: we know that higher densities cost more.

    “Oh, but that won’t “manage” growth”, you say. Well, is it the costs developers cause, or is it that you just don’t want growth?

    “I’m not opposed to growth, just growth that is too fast”, you say.

    OK, fine. Set a schedule of payments for developers depending on time. 100% to build now, 95% to build next year 80% to build three years from now, etc. Then the builders can make their own estimate of when the market and costs will support new growth.

    Reset the costs and schedule every year depending on how much was built last year and how much is in the pipeline. If a builder does not wish to declare, he can take his chances and wait for the next round of bids. The next schedule might be higher or lower depending on infrastructure costs and housing affordability.

    Once committed, a builder could defer or trade his place in line with other builders as required. A free market solution.

    “Well, maybe, but what about those special places where no growth should ever occur?”

    So, you think the people who own those places should be committed to land use purgatory? Or are you saying that those special places are so valuable we can’t let them get away: if so how much are you willing to pay to keep them pristine, pay for their support, or maybe for their place in the development line?

    Make a plan that people can understand and hang their hat on. Don’t keep pulling th rug out from under them.

  6. One of the major costs of new subdivisions is the requirement that streets be built to state code so that they can one day be accepted into the system.

    Eliminating this requirement could be a major boon to developers and homeowners in the type of place that doesn’t need the “best of the best”.

  7. Would 5094 seriously require that growth occur only in the urban development areas?

    That would place thousands in land use purgatory and hundreds in land use heaven.

    That would pull the rug out of the idea that people ought to be able to live where they please, provided they pay the costs. On the other hand, if people are to be allowed to live where they please, provided they pay the costs, then people will have to be allowed to sell to those people, which sort of undoes the intent of 5094.

    Which is it, folks?

  8. Larry Gross Avatar
    Larry Gross

    I think it’s clear what the intent of 5094 is – and the philosophy behind it.

    Folks can live where they please but they don’t have the freedom to decide what to build. i.e. you cannot build a 7 story apartment building in a rural area.

    nor.. dozens, hundreds of other options – only the options that the county allows and that the State has empowered them to decide.

    5094 is telling the local jurisdictions to pay attention to WHERE they designate growth areas in their Comp Plans and is offering incentives to those localities that agree to be more responsible and accountable with respect to transportation and other infrastructure necessary to support new development.

    Note that the bill does NOT say anything at all about an Urban Growth Boundary but actually would allow Nodes of Villiage-type development – as long as the infrastructure and land-use were connected.

    You can be that this bill will NOT be favored by those who believe than Urban Growth Boundaries are the way to “control” growth.

    This could actually be a development community-sponsored bill…

    Who is the patron and who has signed on to it?

  9. Larry Gross Avatar
    Larry Gross

    well… we found out pretty quick about land-use reform…

    NOT in the special session….

    PUNT ……

    Now what will the discussion be about – VDOT reform and money?

  10. Larry Gross Avatar
    Larry Gross

    re: “5:16 At the risk of being viewed as self-promotional, I’ve posted VDOT data on maintenance costs for secondary and local roads and on the increase in those roads on my blog “A Dog with Five Legs” for September 20 & 21.”

    is there a link.. or cany you advise how to nagivate to the 20 and 21st blogs?

    thanks

  11. Toomanytaxes Avatar
    Toomanytaxes

    Larry – Here’s a link. http://toomanytaxes.blogspot.com/

  12. Larry Gross Avatar
    Larry Gross

    TMT – thank you for the link… now I have to read TWO Blogs… 🙂

    re: maintenance costs vs lane miles added.

    Something does not add up.

    VDOT’s total maintenance budget for secondary roads has gone DONE even though the number of lane miles has gone UP?

    or is it the percentage only?

    what are the actual DOLLAR costs for secondary road maintenance from say 2000 to 2006?

    also.. would love to know if there is a URL for this data.

    thanks again.

  13. Toomanytaxes Avatar
    Toomanytaxes

    Larry, the information is taken from a presentation created by the General Assembly staff. It’s is not online in complete form. I have, however, just posted another chart from the materials that shows actual VDOT maintenance expenses.

    http://toomanytaxes.blogspot.com/
    (September 26 Post).

  14. Anonymous Avatar

    I think that this discussion needs to know that one of the sponsor’s of the House speaker’s “package” reluctantly acknowledged that none of the bills would address the current problems only the future. Yes, you have to start somewhere, but what do you do about the hear and now?

  15. Larry Gross Avatar
    Larry Gross

    I’m unable to read the chart.. even when I blow it up…

    but it looks like steady increases across the board … and I think.. relatively equal “rates of increase”….

    I cannot imagine … primary roads maintenance costs be much different than secondary roads…

    I think also that one has to take into account the issue of primary roads verses secondary roads… recognizing that the current system is quite arbitrary in designations… and has not much to do with actual functional characterists.

    The primary road system is an artifact of VDOT’s long-ago attempts to “predict” which roads would eventually evolve into major arteries and which one’s would not.

    Take a cursory look at some 600 series roads in the NoVa area and look at traffic counts and many, many NoVa 600 series roads have traffic 3, 4, 5 , 10 times many state primary roads.

    HOWEVER – there are TWO POTs of money at the state level – one for primary roads and one for secondary – AND devolving VDOT responsibilities to localities without correcting the functional classification problem … has the potential … to screw things up….

    It needs to be made clear what “local roads” means. Think of any typical jurisdiction .. which will have a combination of interstate, primary and secondary roads as well as higher series roads – subdivision roads.

    WHICH ones will the locality get and which ones will VDOT retain and how with the money be divided?

    As the transportation committeee Chairman said: “we’re taking about radical changes here”.

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