The State of Land Policy in America

Uncategorized

Recently, the Lincoln Institute asked readers to submit their best definitions of land policy. Being late, I offer the following that builds upon their submissions for your consideration:

Land policy is the rules and regulations that govern the use, ownership, and management of urban and rural lands. It involves both rational and emotional decisions about how the federal, state, and local authorities determine land uses, who are allowed to access to it, and what activities are permitted on it. These policies trend with our collective social consciousness between individual property rights and common public good at both national and local levels.

Land policy has both formal and informal outputs. Formal outputs are often plans, regulations, and programs. Informal outputs are often socially accepted patterns that shape our underlying cultural behaviors and social expectations. However, as stated in my previous blog, the federal, state, local land use policies are as misaligned as our current social and cultural malaise.

The study of land policy was founded during the early 20th century’s Progressive Era in response to economically and environmental instability generated by industrialization’s overwhelming amount of poverty and pollution. The rising tide of the new industrial age/era wealth was expected to lift all ships, but apparently only the steel hulled ones stayed afloat. As JP Morgan, Carnegie, and Vanderbilt’s robber baron class drove our lassiez-faire economic policies towards violent race and class warfare during in the Reconstruction Era that led to the reactionary, government led Progressive Era.

Land policies led to the establishment of local zoning controls in the 1930s/40’s. Then in the 50s/60s it was focused on urban renewal, and then environmental conservation in 60s/70s. In the 80s/90s it concentrated on redevelopment and economics. In our 21st century, it is focused on housing and social equity as our economy has again dramatically shifted, from industry to knowledge-based products.

And so here we are again today, wrestling with lassiez-faire Republicans supported by capitalist oligarchs’ whose exploitative practices influence our highest levels of government policies and manipulate our media markets. They form monopolies to raise prices, pay subsistence wages, and exert control over natural and public resources to amass extraordinary wealth. And our current Democratic-led social justice and equity era is echoing the Progressive Era’s renegotiation of social norms in the face of violent white, Christian nationalism… Ugh.

The GOP-led oligarchy system is being confused for authoritarianism. They’re not taking control; they’re abandoning the role of the government owning and managing the public good in trade for individual wealth creation. This is the state of Land Policy today…. the waiving of housing regulations while blocking the reformation of public housing to promote a supplyside, trickle-down response to chronic coastal city housing shortages. The focus on enabling regulatory-free development in transit areas policies without investing in transit supported infrastructure. And in economically static rust belt cities, nonprofits are expected to fill the void and role of both private development and public investments… Gah!

We’re experiencing a new land policy era in real time. North American cities continue to transition towards more human-scale urban development patterns in our post-industrial society, and even more rapidly post-pandemic. And our land policy should be leading cities and neighborhoods towards economic, environmental, and social equilibrium and away from the predominantly individual interests over our collective needs… C’mon.

“Are we there yet?” No… But we’re close.

Economics

I shared this very good 2013 documentary with a potential client in Fresno, California. And he asked after watching it if I thought Fresno was better off today from the ideas and potential presented a decade ago? I know Fresno is better off today than it was 10+ years ago because of its public and private investments highlighted in the movie. And it was a real change to restart the building of urbanism in a decades long suburban culture.

Usually, this is when I self-righteously plow into the value of the New Urbanism and how 30 years ago we restarted and sustained this urban living revolution (with help from the sitcom, Friends). But it’s been 30 years, a full generation. And we should be fully building mixed-use, walkable, transit-supported urbanism at an industrial scale/speed by now, if measure by how long it took for the idea of suburbia to become reality. For example, Corbusier published the City of To-Morrow And Its Planning in 1929 and auto-oriented sprawl was in full bloom by 1959.

Calthorpe, Duany, and Katz all published their groundbreaking books on the New Urbanism in the early 1990s and here we are in 2023. Why aren’t we there yet? We’re most certainly moving in that direction, but too slowly.

That said, every city’s revitalization efforts suffered setbacks from the dramatic changes to how we work and commute due to the Covid shutdown. In California, we’re not building offices, retail is dead, and housing is king, because we’re building so little of it and we’re now working and shopping from home. I think that our Covid reset has to be overcome by all American cities, especially Fresno.

The overall development and construction industry in California appears to be in a static point between the pendulum swings of change, from suburban to urban building. And no major city in California is building enough housing to meet its market demands beyond the few thousand or so built a year on the fringes in master planned communities by the few big home building firms leftover from the 80s.

We have zero national or regional building/construction companies that build urban infill housing types at an industrial scale. We depend on 1,000 small-scale builders in every city to build enough housing to meet market demands, who are all learning and starting from scratch at the same time. Few are trained, prepared, or knows how to build urban infill housing at the scale of 2-3,000 homes annually.  Few city are able to build enough infill housing yet because:

– The Federal Government neither insures/subsidizes its loans/mortgages nor invests in our transit facilities.
– The State neither invests in transit services nor modifies building codes.
– The City neither invests in job training/education nor reforms its entitlement codes (they waive them).

All of these things were being done in the 1950/60’s as the Feds/State/Cities were in alignment to build suburban development at a massive scale. Feds changed its lending practices to subsidize single-family home mortgages. Fed and States built freeways and highways and their interchanges. States and cities built schools and colleges to educate ourselves. Cities created zoning to segregate work from home and enable master planned suburban development. America was a brave, new modern world post WW2. We were flush with cash and power and the world had changed dramatically by the mid-1940s.

Today, we’ve shoveled all of our post WW2 wealth over to the Saudi’s for cheap oil to fuel our autopian suburban landscape. And were breaking ourselves financially to maintain the out-of-date and cheap suburban infrastructure, which is a losing financial scheme. This is all explained much better by Chuck Marohn and Joe Minicozzi.

In short, we’re still not set up for building infill urbanism. And at this moment, California’s new urban infill development shift is being led by the State’s housing requirements and affordable housing incentives forcing city’s to waive their zoning (as opposed to reforming it). The Feds have started changing its policies too. But, these are just two of the six points the feds/state/cities need to be in alignment with in order to build infill housing at an industrial scale.

It’ll take time to get all three aligned, and we’ll get there as we’re well past the suburban experiment… which proved to be the greatest misallocation of resources in the history of civilization (stolen from James Howard Kunstler). Ultimately, when you tug on downtown Fresno you’ll find that it’s connected to the world (stolen from John Muir).