Problems Of Zoning And Land Use Regulation 1968

Prepared for the consideration of the National Commission on Urban Problems.

The conversation about zoning has meandered its way through issues ranging from housing affordability to economic growth to segregation, expanding in the process from a public policy backwater to one of the most discussed policy issues of the day. In his pioneering 1972 study, Land Use Without Zoning, Bernard Siegan first set out what has today emerged as a common-sense perspective: Zoning not only fails to achieve its stated ends of ordering urban growth and separating incompatible uses, but also drives housing costs up and competition down. In no uncertain terms, Siegan concludes, “Zoning has been a failure and should be eliminated!” Drawing on the unique example of Houston—America’s fourth largest city, and its lone dissenter on zoning—Siegan demonstrates how land use will naturally regulate itself in a nonzoned environment. For the most part, Siegan says, markets in Houston manage growth and separate incompatible uses not from the top down, like most zoning regimes, but from the bottom up. This approach yields a result that sets Houston apart from zoned cities: its greater availability of multifamily housing. Indeed, it would seem that the main contribution of zoning is to limit housing production while adding an element of permit chaos to the process. Land Use Without Zoning reports in detail the effects of current exclusionary zoning practices and outlines the benefits that would accrue to cities that forgo municipally imposed zoning laws. Yet the book’s program isn’t merely destructive: beyond a critique of zoning, Siegan sets out a bold new vision for how land-use regulation might work in the United States. Released nearly a half century after the book’s initial publication, this new edition recontextualizes Siegan’s work for our current housing affordability challenges. It includes a new preface by law professor David Schleicher, which explains the book’s role as a foundational text in the law and economics of urban land use and describes how it has informed more recent scholarship. Additionally, it includes a new afterword by urban planner Nolan Gray, which includes new data on Houston’s evolution and land use relative to its peer cities.

Various methods of assessing noise, loudness, and noise annoyance are reviewed and explained; sources, types, and intensities of traffic noise are noted; typical means of abatement and attenuation are described; design criteria for various land uses ranging from low-density to industrial are suggested and compared with the results of previous BBN and British systems for predicting annoyance and complaint; and a design guide for predicting traffic noise, capable of being programmed for batch and on-line computer applications, is presented in form suitable for use as a working tool. A flow diagram describes the interrelationships of elements in the traffic noise prediction methodology, and each element is discussed in detail in the text. The text is presented of a tape recording that takes the listener through a series of traffic situations, with such variables as traffic distance, flow velocity, distance, outdoors and indoors, and presence or absence of absorbers and attenuators.