Law Commons^™

How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn

Michael E Lewyn

Much has been written about the role of government regulation in facilitating automobile-oriented sprawl. Zoning codes reduce walkability by artificially segregating housing from commerce, forcing businesses and multifamily landlords to surround their buildings with parking, and artificially reducing density. The “smart growth” movement seeks to reverse these policies, both through regulation and through more libertarian, deregulatory policies. The purpose of this paper is to examine to what extent cities have in fact chosen the former path, and to discuss the possible side effects of prescriptive smart growth and green building regulations. In particular, this paper focuses on attempts to make …

Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn

Michael E Lewyn

Many articles have been written about pro-sprawl land use regulation, such as minimum parking requirements. This speech, by contrast, focuses on the frequency of land use regulation designed to increase walkability- in particular, minimum density requirements and maximum parking requirements. I conclude that the first type of regulation is quite rare and usually very lenient. The second type of regulation is more frequent; however, the impact of maximum parking requirements is not yet clear.

No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman

Michael E Lewyn

This article focuses on two aspects of smart growth policy that have thus far received little attention: maximum parking and minimum density requirements. To ascertain the frequency of such regulations, we examine the zoning regulations of twenty-four mid-sized cities, defined as those with populations between 500,000 and one million residents. The article concludes that the first type of regulation is somewhat common, but is usually restricted to certain types of land uses or sections of a city. Minimum density requirements, by contrast, are quite rare and quite lenient. Because these types of regulations have received little scholarly attention and are …

How To Make America Walkable, Michael Lewyn

Michael E Lewyn

Review of Walkable City, by Jeff Speck

2014 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn

Michael E Lewyn

Part of panel discussion on "Why Leave It To The Liberals? Conservative Views on Smart Growth"

Sprawl In Canada And The United States, Michael Lewyn

Michael E Lewyn

The purpose of this Article is to ascertain whether (1) suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) Canadian government policies, and in particular Canadian zoning law and transportation policies, encourage sprawl. The article concludes that Canadian metropolitan areas are in fact somewhat less sprawling than most of their American counterparts, but that in Canada, as in the United States, government land use regulation and government transportation policy do favor sprawl to some extent. For example, in both nations municipal zoning regulations, by limiting density and forcing landowners to build parking lots, …

Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn

Michael E Lewyn

A brief (about 20-minute) speech explaining why government regulation promotes automobile-dependent development.

What Would Coase Do (About Parking Regulation)?, Michael E. Lewyn

Michael E Lewyn

Like many government regulations, municipal minimum parking requirements exist to prevent externalities- most notably the congestion, pollution and greenhouse gas emissions that occur when motorists drive around a city searching for scarce parking. But because such regulations make parking (and thus driving) cheaper and make walking more difficult, such regulations may in fact increase driving, thus increasing congestion, pollution and greenhouse gas emissions.

What Would Coase Do? (About Parking Regulation), Michael E. Lewyn

Michael E Lewyn

American municipalities typically require landowners to provide visitors and guests with ample amounts of parking, in order to prevent externalities such as cruising (drivers wasting gasoline and polluting the air while searching for scarce parking). However, minimum parking requirements may create social harms that outweigh this benefit. By artificially increasing the supply of parking, minimum parking requirements effectively subsidize driving, thus increasing rather than decreasing pollution and congestion.

Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle

Michael E Lewyn

A review of Donald Shoup's book, The High Cost of Free Parking (to be published in William Mitchell Law Review).

You Can Have It All: Less Sprawl And Property Rights Too, Michael E. Lewyn

Michael E Lewyn

The article describes two visions of suburban development, a “smart growth” vision which critiques automobile-dependent suburban sprawl, and a “property rights” vision which emphasizes individual freedom. The article then shows that these visions are to a great extent reconcilable, by discussing a variety of legal reforms which can both reduce suburban sprawl and enhance landowners’ property rights. For example, if zoning laws were reformed to allow landowners to build more compact developments, landowners would obviously have a wider range of options (thus enhancing property rights) and more people could live within walking distance of jobs, shops and public transit (thus …