The success of our cities, the world’s economic engines, increasingly depends on abstruse decisions made by zoning boards and preservation committees. It certainly makes sense to control construction in dense urban spaces, but I would replace the maze of regulations now limiting new construction with three simple rules.
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First, cities should replace the lengthy and uncertain permitting processes now in place with a simple system of fees. If tall buildings create costs by blocking out light or views, then form a reasonable estimate of those costs and charge the builder appropriately. The money from those fees could then be given to the people who are suffering, such as the neighbors who lose light from a new construction project.
I don’t mean to suggest that such a system would be easy to design. There is plenty of room for debate about the costs associated with buildings of different heights. People would certainly disagree about the size of the neighboring areas that should receive compensation. But reasonable rules could be developed that would then be universally applied; for instance, every new building in New York would pay some amount per square foot in compensation costs, in exchange for a speedy permit. Some share of the money could go to the city treasury, and the rest would go to people within a block of the new edifice.
A simple tax system would be far more transparent and targeted than the current regulatory maze. Today, many builders negotiate our system by hiring expensive lawyers and lobbyists and buying political influence. It would be far better for them to just write a check to the rest of us. Allowing more building doesn’t have to be a windfall for developers; sensible, straightforward regulations can make new development good for the neighborhood and the city.
Second, historic preservation should be limited and well defined. Landmarking a masterpiece like the Flatiron Building or the old Penn Station is sensible. Preserving a post-war glazed-brick building is absurd. But where do you draw the line between those two extremes? My own preference is that, in a city like New York, the Landmarks Preservation Commission should have a fixed number of buildings, perhaps 5,000, that it may protect. The commission can change its chosen architectural gems, but it needs to do so slowly. It shouldn’t be able to change its rules overnight to stop construction in some previously unprotected area. If the commission wants to preserve a whole district, then let it spread its 5,000-building mandate across the area. Perhaps 5,000 buildings are too few; but without some sort of limit, any regulatory agency will constantly try to increase its scope. The problem gets thornier in places like Paris, practically all of which is beloved worldwide. In such cases, the key is to find some sizable area, reasonably close to the city center, that can be used for ultra-dense development. Ideally, this space would be near enough to let its residents enjoy walking to the beautiful streets of the older city.
Finally, individual neighborhoods should have more power to protect their special character. Some blocks might want to exclude bars. Others might want to encourage them. Rather than regulate neighborhoods entirely from the top down, let individual neighborhoods enforce their own, limited rules that are adopted only with the approval of a large share of residents. In this way, ordinary citizens, rather than the planners in City Hall, would get a say over what happens around them.
Great cities are not static—they constantly change, and they take the world along with them. When New York and Chicago and Paris experienced great spurts of creativity and growth, they reshaped themselves to provide new structures that could house new talent and new ideas. Cities can’t force change with new buildings—as the Rust Belt’s experience clearly shows. But if change is already happening, new building can speed the process along.
Yet many of the world’s old and new cities have increasingly arrayed rules that prevent construction that would accommodate higher densities. Sometimes these rules have a good justification, such as preserving truly important works of architecture. Sometimes, they are mindless NIMBYism or a misguided attempt at stopping urban growth. In all cases, restricting construction ties cities to their past and limits the possibilities for their future. If cities can’t build up, then they will build out. If building in a city is frozen, then growth will happen somewhere else.
Land-use regulations may seem like urban arcana. But these rules matter because they shape our structures, and our structures shape our societies—often in unexpected ways. Consider that carbon emissions are significantly lower in big cities than in outlying suburbs, and that, as of 2007, life expectancy in New York City was 1.5 years higher than in the nation as a whole. As America struggles to regain its economic footing, we would do well to remember that dense cities are also far more productive than suburbs, and offer better-paying jobs. Globalization and new technologies seem to have only made urban proximity more valuable—young workers gain many of the skills they need in a competitive global marketplace by watching the people around them. Those tall buildings enable the human interactions that are at the heart of economic innovation, and of progress itself.