Balancing Rights and Regulations

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Balancing Rights and Regulations

By: John C. Downen
Posted on June 26, 2002 FREE Insights Topics:

Quality of life is an increasingly important factor when firms and families locate. The character of the natural and built environment of a community is important. We have a wonderful natural environment and are above average on the latter.

Ed McMahon of the Conservation Fund recently spoke to a packed (SRO) auditorium at the Museum of the Rockies on "The Dollars and Sense of Preserving Community Character." His points are worth sharing with a wider audience as they concern all of us.

Whether we develop isn't a question; it's inevitable. Where to develop, what type of development, and what it will look like are the important points. The answers to these questions determine the quality of a community.

In "Balancing Nature and Commerce in Gateway Communities," McMahon, Jim Howe, and Luther Propst argue that "preserving what's special about America's communities and landscapes doesn't have to jeopardize local economic well-being. Study after study shows that communities that preserve their character and natural values consistently outperform the economies of those that don't."

Historic preservation creates real value. Well-preserved Main Streets are far more attractive places to shop and linger than are strip malls. They also provide a place for informal socializing among residents and visitors. This helps to build social cohesion and continuity. These are especially important features in towns with an influx of outsiders such as myself. As Sunday's Bozeman Chronicle indicated, we immigrants seek out towns with character and natural amenities.

Even big-box stores and chains need not be eyesores. Locals can mitigate their aesthetic impact. For those that want to locate here, store design is negotiable. Locally appropriate architecture provides a less obtrusive presence and a more inviting shopping destination. For example, the new Barnes & Noble in an old neighborhood in Maryland incorporated the architectural style of the surrounding buildings. It does considerably more business than those in malls with acres of parking.

Green space also makes economic sense. In a survey of homebuyers, their top amenity is trails for walking and cycling. Bozeman's growing "Main Street to the Mountains" network is an excellent example. Likewise, golf course developments are popular precisely for their protected open space. Only about a third of their residents actually play golf. Putting trails in undeveloped open space is much cheaper than building and maintaining a golf course, not to mention their availability to a greater proportion of the population and to wildlife.

The means of achieving preservation is important. Private organizations like the Conservation Trust and our own Gallatin Valley Land Trust buy land to maintain open space for wildlife and for people. They work with ranchers, farmers, and developers to reach mutually beneficial arrangements while respecting property rights, e.g. conservation easements to preserve green spaces and historic sites. Because they actually purchase the land or deal directly with those who own it, these kinds of organizations face the opportunities lost by restricting development. Those who advocate protection via government regulation, in contrast, avoid confronting these losses.

By engaging landowners and developers early on, communities can ensure that new developments are aesthetically and environmentally appropriate. Sometimes all that's needed is to point out the economic value of maintaining historic character and open spaces.

In other cases, the city may need to relax zoning or other restrictions. Regulations can be useful to prevent bad things from happening but are less effective at directing development. They often stifle innovation and prevent sensible solutions. Over time, preferences and "best" practices change. Preservation policies must have the flexibility to respond.

For example, Samuel Staley of the Reason Foundation's Urban Futures Project recommends "performance-based zoning that allows development projects to be approved administratively once they meet certain thresholds for design and/or policy goals." This provides more certainty for developers and streamlines the planning process while still protecting the community's interests.

Private organizations can perform many of these conservation functions. In doing so they respect the rights of property owners and tailor solutions to individual problems -- unlike government-administered rules. When government intervention is called for, it should be as flexible as possible. Bozeman's beautiful surroundings and historic, small-town character are too valuable to be left to politics and chance.

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