| ▲ | solidsnack9000 2 hours ago |
| Maybe we would be better off in the US if zoning, permitting, &c was hoisted up to the state level. |
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| ▲ | scottious 2 hours ago | parent | next [-] |
| YES. I think homeowners are too close to the problem to make rational choices. People move to a place and then expect it to never change again. After all, they bought a house there because they liked it as it is now. All that does is create places that are encased in amber and unable to adapt. Homeowners have a disproportionate say. aspiring homeowners don't show up to local city council meetings The top-down approach surely has problems too, I'm not denying that. I just think we need people in charge who can look at the problem holistically and say "hey maybe that inner suburb next to transit shouldn't force you to have a 1/2 acre lot". This is a complicated issue. What if those people in charge decide your town would be better as a highway? I don't know... it's complicated. |
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| ▲ | Tuna-Fish an hour ago | parent | next [-] | | > I think homeowners are too close to the problem to make rational choices. The homeowners are making rational choices. That's the problem. As the most expensive asset a typical homeowner will ever own is their home, it makes rational sense for them to support any policy that supports it's value and oppose any policy that undermines it's value. Building more housing undermines it's value. And this is why the local community absolutely should not have any more say about a new development than a hypothetical someone who would like to live there, but can't, because there is no available housing. | | |
| ▲ | 10111001 an hour ago | parent | next [-] | | > And this is why the local community absolutely should not have any more say about a new development than a hypothetical someone who would like to live there, but can't, because there is no available housing. If you start giving "hypothetical people" a say, you stop having democracy. You can invent as many hypothetical people as you want to force any outcome. And real democracy requires local control. A distant democratically-elected government making centralized decisions may just as well be replaced by a tyrant, given how unresponsive it will be to your concerns. | |
| ▲ | wnoise an hour ago | parent | prev [-] | | They're often terrible at knowing what helps or hurts values though. |
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| ▲ | an hour ago | parent | prev | next [-] | | [deleted] | |
| ▲ | qdotme 2 hours ago | parent | prev | next [-] | | I keep saying that permitting should be - broadly - same as driving. You get handed a nice set of rules, you get tested on them.. and then you can go ahead and build within those rules without asking anyone for permission. If you break the rules - we break your piggy bank to set everything straight. You can buy insurance (which will have its own set of rules) - or not. Maybe in some jurisdictions you need to buy insurance, while in others you get to have a choice.. after clearing it with your financier. Zoning is actually rule-making. Permitting is just bureaucracy. Keep them separate. | | |
| ▲ | wahern an hour ago | parent | next [-] | | This is called as-of-right development or by-right development, which is how things (nominally) work in several states. That is, as long as a project adheres to the zoning and other regulations, approval is as-of-right or a so-called ministerial process. It's not necessarily a black or white approach. In theory as-of-right is supposed to be the rule everywhere as Due Process guarantees mean government can't act capriciously. And there's actually pre-existing SCOTUS precedent regarding how zoning plans are supposed to be applied, and how community input processes aren't supposed to allow mobs to subvert the rule of law with a de facto but informal veto power. In practice, non-as-of-right municipalities and states basically have zoning rules and approval processes that are fuzzy and ambiguous, effectively granting regulators significant interpretive leeway and discretion. Federal and often state courts are extremely reticent to jump into the fray and defend the rule of law. In fact, there's SCOTUS procedural jurisprudence designed to make it difficult to "make a federal case" out of zoning disputes. NIMBY battles are just too politically fraught and courts are afraid of falling into the bottomless tar pits of adjudicating public grievance, which is what politicians are supposed to be for. California is especially bad for multiple reasons. First is CEQA, which allows literally anyone in the state to erect legal hurdles to any project (modulo some very recent carve outs). Second is home-rule principles enshrined in the state constitution, which makes it difficult for Sacramento to force municipalities to behave a certain way or even abide many mandatory state regulations--the state often has to rely on indirect means, such as contingent funding, to cajole cities. Third is California Supreme Court procedural principles that demand state courts entertain law suits in a way that allows interlopers to drag out court cases, e.g. CEQA cases, for long periods of time. | | |
| ▲ | qdotme 14 minutes ago | parent [-] | | I’m aware of this - what I’m curious about is whether we can go a step further and skip the “as by right” process. This is similar to the difference between “shall issue” and “constitutional carry” states. In the former you still have to deal with the system to exercise your right, and the system has to have staff to deal with you. In the latter you’re approved - without anyone being on a taxpayers dole and having an incentive to keep themselves employed by enacting more laws and keeping the system inefficient. |
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| ▲ | thereisnospork an hour ago | parent | prev [-] | | Imo this should be the biggest political issue. By-right zoning and permitting accross the board. So much graft, corruption, waste, and stagnation from discretionary approval/denials. Don't want factories zoned next to elementary schools? Perfectly reasonable rule, but then you don't get to pass a variance for the mayor's nephew's cousin's factory. And vice versa. |
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| ▲ | ToucanLoucan 2 hours ago | parent | prev [-] | | > What if those people in charge decide your town would be better as a highway? They did. Google Robert Moses for details. Ultimately I think this particular problem is a diseased outgrowth from the cancer that is "homes as an investment vehicle." Is it so much that people don't want change or is more that they (correctly) identify a house and the land it sits upon as the only thing in their life that appreciates in value, consistently? It represents stability, a future to be handed down to one's children, that sort of thing. It seems to be having houses function this way is just causing too many social ills to ignore. It's why private equity is holding tons of houses, during a housing crisis, and refusing to sell. It's a cornerstone of the 2008 financial crash. It's why few in my entire damned generation can HAVE a home, not to invest in but to simply live in. IMO a house can be a need for life, or it can be an investment. It can't be both at the same time. | | |
| ▲ | 10111001 an hour ago | parent [-] | | > Ultimately I think this particular problem is a diseased outgrowth from the cancer that is "homes as an investment vehicle." Is it so much that people don't want change or is more that they (correctly) identify a house and the land it sits upon as the only thing in their life that appreciates in value, consistently? It represents stability, a future to be handed down to one's children, that sort of thing. There's no one cause. Even if homes weren't "an investment vehicle," I don't think it would change much. Few people in a neighborhood of single family homes would want a 20-story apartment tower getting built next door. |
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| ▲ | SOLAR_FIELDS an hour ago | parent | prev | next [-] |
| Isn't that fundamentally what California did to solve the problem? They provided a route that a local municipality could not override to build housing, as long as the state level rules were followed. |
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| ▲ | CobrastanJorji an hour ago | parent | prev | next [-] |
| I dunno, it seems like decisions about what to build in a given spot should be made as locally as possible. If I want to build a house in Sonoma, the voters in LA should not get a say. Major projects like power plants or dams should be made at a state or even national level, but rules for which house goes where, less so. And if your town's rules are overly burdensome and stupid, that's an issue for your town's government to solve. |
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| ▲ | mixdup 2 hours ago | parent | prev | next [-] |
| Fun fact, that's basically the case in large swaths of the country. Many states do not have home rule, which means counties can't set zoning rules. So in mostly rural areas of these states, it's wide open unless the state has decided to set rules or to be benevolent enough to grant the county the right to set zoning rules |
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| ▲ | cortesoft 2 hours ago | parent | prev | next [-] |
| Many states operate that way, and many other states have rules that limit what the local governments can do. |
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| ▲ | guelo 2 hours ago | parent | prev | next [-] |
| That has been the recent trend in California with several laws restricting local development power. |
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| ▲ | bethekidyouwant an hour ago | parent | prev | next [-] |
| This is all backlash from the eminent domain seizures of the 70s when they built those stupid highways through the middle of everyone city |
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| ▲ | intrasight 2 hours ago | parent | prev [-] |
| No, that would be terrible and much worse, obviously, compared to walking down the street to my local borough building and getting a permit. In the vast majority of the country, that would be very silly suggestion. |