There is one common characteristic, however. Without fail,
every city I visit is, at this very moment, chasing development away to other
cities because of its onerous development regulations. This, in turn, is stifling
population growth, making the city stagnant, and killing morale. These
regulations include zoning codes, subdivision codes, and the state building
code, i.e. The Arkansas State Fire Code. Actually, the last one is a
state law, but “scolders” hate being burdened with facts.
Those regulations, by the way, are mandated, by ancient law,
to “protect the health, safety, welfare, and morals of the community. Would
that federal laws enjoyed the same strictures.
Anyhow, I decided to do an amateurish and simple study about
this. I formed an operational definition of onerous regulations. Were they complex?
Were they very detailed? Did observance result in delays in approval. Did some
regs drift beyond the “police power” definition of protecting the health,
safety, welfare, and morals of The People? Were some regulations unique to a
particular city? In short, did their regulatory system “jump the fence” at
times?
Then I went to work. I classified a sampling of major cities
against a “ratio” level of measurement. That’s considered the most useful.
For snorts and giggles, I factored in population growth since 1971. That’s the
year that the U.S. Supreme Court, in Swann v. Charlotte-Mecklenburg Board of
Education, upheld busing programs that aimed to speed up the racial
integration of public schools in the United States. That, as most honest urbanists
know, was the single most critical catalyst of population growth among many
cities in America since.
Well, wouldn’t you know, strictness of development regulations
and population growth came out almost perfectly correlated. Now one of the few
things I remember from graduate school was not to confuse correlation with
causation. I can’t argue that strict development regulations caused population
growth. They sure as hell didn’t stop it though. Probably the perils of rapid
and uncontrolled population growth moved cities toward more stringent development
control. I’ll let future generations of urban scholars work on that one.
As with many things currently facing America, to understand why
some cities flourish and some struggle with out-migration, we need to look
elsewhere besides the complexity of municipal codes.
Maybe the mirror?
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