Land-use Planning - History

History

Land-use planning often leads to land-use regulations, also known as zoning, but they are not one and the same. As a tool for implementing land-use plans, zoning regulates the types of activities that can be accommodated on a given piece of land, the amount of space devoted to those activities and the ways that buildings may be placed and shaped.

The ambiguous nature of the term “planning”, as it relates to land use, is historically tied to the practice of zoning. Zoning in the US came about in the late 19th and early 20th centuries to protect the interests of property owners. The practice was found to be constitutionally sound by the Supreme Court decision of Village of Euclid v. Ambler Realty Co. in 1926. Soon after, the Standard State Zoning Enabling Act gave authority to the states to regulate land use. Even so, the practice remains controversial today.

The “taking clause” of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. One interpretation of the taking clause is that any restriction on the development potential of land through zoning regulation is a “taking”. A deep-rooted anti-zoning sentiment exists in America, that no one has the right to tell another what he can or cannot do with his land. Ironically, although people are often averse to being told how to develop their own land, they tend to expect the government to intervene when a proposed land use is undesirable.

Conventional zoning has not typically regarded the manner in which buildings relate to one another or the public spaces around them, but rather has provided a pragmatic system for mapping jurisdictions according to permitted land use. This system, combined with the interstate highway system, widespread availability of mortgage loans, growth in the automobile industry, and the over-all post-World War II economic expansion, destroyed most of the character that gave distinctiveness to American cities. The urban sprawl that most US cities began to experience in the mid-twentieth century was, in part, created by a flat approach to land-use regulations. Zoning without planning created unnecessarily exclusive zones. Thoughtless mapping of these zones over large areas was a big part of the recipe for suburban sprawl. It was from the deficiencies of this practice that land-use planning developed, to envision the changes that development would cause and mitigate the negative effects of such change.

As America grew and sprawl was rampant, the much-loved America of the older towns, cities, or streetcar suburbs essentially became illegal through zoning. Unparalleled growth and unregulated development changed the look and feel of landscapes and communities. They strained commercial corridors and affected housing prices, causing citizens to fear a decline in the social, economic and environmental attributes that defined their quality of life. Zoning regulations became politically contentious as developers, legislators, and citizens struggled over altering zoning maps in a way that was acceptable to all parties. Land use planning practices evolved as an attempt to overcome these challenges. It engages citizens and policy-makers to plan for development with more intention, foresight, and community focus than had been previously used.