Which Calls for More Regulation, Sprawl or Smart Growth?

How do you get more development like this -- with more regulation or less?
How do you get more development like this — with more regulation or less?

by James A. Bacon

One of the more potent criticisms of the Smart Growth movement is that smart growthers implement policies that restrict development, create housing shortages and make housing unaffordable for the poor and working class. The critics present ample evidence that metro regions with the tightest restrictions on development and re-development have higher housing prices overall than regions with fewer restrictions.

But there is more than one way to achieve Smart Growth, at least in theory. One way is is libertarian in inspiration: rolling back the suburban-inspired zoning codes that segregate land uses, cap density restrictions and impose minimum parking requirements on property owners. Undoing the massive government intrusion in local land use would go a long way to reversing the so-called “suburban sprawl” that is the antithesis of Smart Growth without imposing restrictions on new development. A different approach to Smart Growth is more activist: encouraging mixed use development and re-development, seeking more density and curtailing parking in order to push people out of cars.

Suburban zoning codes and regulations are almost universal across America in places developed since World War II, and even in some traditional urban cities. To what extent have activist city governments offset suburban mandates with Smart Growth and environmental mandates? Michael Lewyn and Kristoffer Jackson set to find out. You can read their conclusions in “How Often Do Cities Mandate Smart Growth or Green Building?” in a paper published by the Mercatus Center.

Lewyn and Jackson examined the zoning regulations of 24 medium-sized cities across the United States with a focus on parking, density and “green building.”

Parking. They found that Smart Growth regulations are not nearly as ubiquitous as sprawl-inducing regulations. Fifteen of the 24 cities had restricted parking supply, but only three had restricted the supply citywide for all land uses. The others limited their restrictions to certain parts of the city or to particular land uses.

Density. While restrictions on maximum density are almost universal across the United States, mandates for minimum density are rare, and when they exist, they are largely irrelevant. For example, San Jose, Calif., imposes a minimum density of one house per acre. But the demand for housing is strong and prices are so high that no one is asking to build at lower densities. Indeed, most cities continue to limit density and mixed-use development — the antithesis of the Smart Growth vision.

Green building. Cities have been willing to experiment with “green building” regulations designed to increase energy efficiency. Only four of the 24 cities surveyed compel developers to meet green building standards. Six others give builders incentives to adopt green building standards, while another eight impose the requirements only upon city-owned buildings.

“Government regulation designed to force smarter, more environmentally friendly growth may face a difficult tradeoff,” the authors write. “If regulations are only slightly more restrictive than what an unregulated market might produce, they may not do very much good. But if regulations are significantly more restrictive, they may encourage development to shift to less environmentally sensitive municipalities.”

Writing in the Market Urbanism blog, Emily Washington provides a useful gloss on the Lewyn-Jackson paper.

Lewyn and Jackson’s study shows that rather than embracing the deregulatory tenets of Smart Growth, regulators in some cities have layered Smart Growth rules on top of their traditional zoning rules, creating a complicated web of regulations. … This paper demonstrates that today Smart Growth policies are unusual relative to traditional zoning rules that restrict density. However, Smart Growth is in some cases complicating the policy landscape rather than providing more freedom for developers to respond to consumer demand.

Bacon’s bottom line:

The only thing I would add to Lewyn, Jackson and Washington is that it would be useful to study transportation policy. The Smart Growth movement is also enamored with walkability, bicycles, mass transit and complete streets. The pursuit of these policies is not seen as much in city zoning codes as in their capital investment programs. This is the area, it seems to me, where the Smart Growth movement has made its greatest mark.


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3 responses to “Which Calls for More Regulation, Sprawl or Smart Growth?”

  1. […] Which Calls for More Regulation, Sprawl or Smart Growth? Bacon’s Rebellion — October 30, 2014 One of the more potent criticisms of the Smart Growth movement is that smart growthers implement policies that restrict development. But there is more than one way to achieve Smart Growth, at least in theory. One way is is libertarian in inspiration: rolling back the suburban-inspired zoning codes that segregate land uses, cap density restrictions and impose minimum parking requirements on property owners. […]

  2. TooManyTaxes Avatar
    TooManyTaxes

    Today, Fairfax County requires each use to park itself. It also requires landowners in TOD areas to reduce trips, which, in turn, can and does reduce parking spots. Having reviewed many rezoning applications, I’ve found landlords want to get parking right. They don’t want to spend more money than necessary on parking, especially when the parking is in a structure or underground. But they also know that, if a project or building is under-parked, their purchasers, tenants or customers won’t he happy and may just move to a competitor’s building when their lease is up. Neither will neighbors be happy when their streets, etc. are full of parked cars from the under-parked building. Just setting a lower parking requirement doesn’t fix things. Each use must park itself.

    Density. Density is neither good nor bad in and of itself. Heavy density makes sense right on top of rail transit stations, coupled with mixed use, good sidewalks and attractive amenities. Added density needs to be accompanied by strict TDM policies with teeth. Density can reduce, but also increase, the costs of public facilities. Urban living presents another choice for people. Choice is good, but density is not a be-all, end-all. Existing neighborhoods should not find their basic character changed without agreement from that neighborhood.

    Green building requirements are bullshit. The market is demanding energy efficiency. That alone will affect construction of buildings. The more I see, the more LEED certification looks like a racket. I once flew cross country with the construction chief for a major Fortune 500 company. He said one could obtain LEED certification for any building if one were willing to pay $100,000 in fees and costs. He saw it as a fad (almost a fraud), but agreed the market is demanding and driving energy efficiency. If that’s the case, why do we need green standards? Won’t standard storm water and sanitary sewer regs be sufficient?

    Transportation. Sidewalks, bike paths/lanes and connectivity are good. A grid of streets is important. That’s a major reason the RB Corridor has been successful. We need mass transit, but it should be used to move people efficiently and not give a land speculator a windfall. And growth of any kind, dense or sprawled will increase traffic congestion and require more lane miles. Tysons proves this. And Tysons is the most studied land use case in the world. People from all over the planet are watching it and seeking information from the Tysons Partnership and Fairfax County.

  3. I’m still skeptical that – every city in America restricts the things that Smart Growth needs to attain success.

    I also point out and agree that say the free market is not going to offer “affordable” housing..

    we have ratings and ranks for all kinds of things but I do not think I’ve ever seen a ranking for the BEST, least restrictive zoning policies metro areas – along with a chart showing an increase in affordable housing.

    such a study or chart would go a long way to curing my skepticism.. that this is a monolithic problem with no good counter examples…

    let me tell you that in exurban Stafford – we build townhouses and garden apartments right next to I-95 and you know why? Because people who work at service occupations in NoVa need a place to live that they can afford and it’s not only not found in NoVa – it’s not found in much of exurbia unless “workforce” housing is built – and when it is built next to I-95 – we know why it’s located there and not further out where the “affordable” subdivisions are found (these would be 300-500K homes that cannot be found for that price in NoVa.

    and the ultimate irony for NoVa is that most workers in NoVa either work for the govt or they work for govt contractors… and NoVa is one of the richest metro areas in the US.

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