Land use regulations reform is long overdue

“What is the biggest impediment to development?” Hands down the response from people engaged in the development process is “the uncertain impact of government regulation.” The success of any business, new, old, large, or small, often is totally tied to the ability to avoid the entanglements of the regulatory quagmire. One of the most confusing layers of this regulatory maze is land use regulation — the laws that govern real property stating who can do what and where.

The rationale for land use regulation is based upon legitimate concerns about the impact of property development on other parcels and other people. However, land use law has evolved into a complex system that is often subjective and unpredictable and sometimes almost impossible to navigate. The resulting regulatory uncertainty suppresses innovation and leads to severe and unintended economic and social consequences.

There may be no single correct solution to the complex problem of regulatory uncertainty, but many of the problems can be remedied by substantive reforms. Critical policy solutions related to reform must include the removal of the unbridled discretion that currently resides in the land use authority.

The digital revolution has accelerated exponentially our human needs for physical spaces to work, play, eat, study, rest and plug in devices to recharge the batteries. However, not all of those activities are compatible with one another, so someone has to decide who can do what and where.

These are profoundly difficult issues and land use decisions have an enormous impact on economic prosperity, geographic mobility, and the quality of life. The process for making land-use decisions continues to become more complex and generates regulatory uncertainty, which restrains innovation.

Regulatory systems multiply and interact and become less and less clear regarding what approvals are necessary before a given property can be approved for a particular use, or what standards will be applied in making that decision, and with what level of discretion. The uncertainty created can become paralyzing, especially when no one person or agency bears responsibility to ensure that the overall regulatory environment remains sufficiently navigable

and predictable.

It has become exceedingly difficult for people to make rational decisions about business opportunities in an environment of regulatory uncertainty.

Society needs laws that are neutral, fair, and predictable, because uncertainty in the law is paralyzing and prevents people and institutions from growing, developing, and innovating. Subjectivity, expanding requirements for approval, lack of oversight and review, and increased deference to public decisionmakers have

become embedded in land use regulation.

Landowners appear to be subject to obstacles and delays that are unnecessary and unjustifiable. This result has adverse consequences for society at large, and so there is a compelling need for land use regulation reform in existing government authorities.

The reform could include adoption of objective rather than subjective standards, streamlining the permitting process through consolidation, adequate procedures for review, and statutory solutions generated in a collaborative manner by government, the community and the business sector. Proper solutions must enable

people to make wellgrounded decisions at the outset about the best way to use their property.

Closing thought

“The politics of zoning reform may be hard, but our land use regulations are badly in need of rethinking.” — Edward Glaeser, economics professor, Harvard University

Glenn Ebersole is a registered professional engineer and is the Director of Business Development at JL Architects, a West Chester-based architectural firm serving clients locally, regionally and nationally. He can be reached at gebersole@jlarchs.com or 717-575-8572.