As Provoans reconsider their current zoning ordinances, Oremites are doing likewise—and, although the following editorial about zoning (which local newspapers rejected publishing) was written for Orem, it applies to Provo also.

Utah’s sixth-largest city of Orem is currently torn between residents who want to zone for more single-family housing, on one figurative hand, and residents who want to zone for more high-density housing served by heavily-subsidized mass-transit, on the other figurative hand. But, amidst this controversy, one view that’s not being considered yet is abolishing zoning entirely. This is understandable because zoning has become so ubiquitous in these United States that few Americans ever question it anymore—but we should question it for reasons that I’m about to explain as best as I can…

I understand that we each have equal God-given rights, including over our person and property and children, and to either contract or defend. We exercise our rights to both property and contract together in free markets, which foster innovation that raises efficiency, effectiveness, customization, prosperity, abundance, and standards-of-living. And we exercise our rights to both contract and defense together to charter political systems that operate within their limited delegated authority to expertly assist us in defending our rights from others’ aggression, but NOT to reign over us like kings.

One way that politicians too-often violate those rights that they should help us to defend is by dictating our land-use through zoning ordinances, which assign our land to one of many zones and regulate each zone’s buildings’ form-and-function. In dictating development, zoning not only violates our God-given property rights, which is a crime, but it also reduces our politicians’ time spent on actual crimefighting, subverts them from rights-defenders into Soviet-style central economic planners, defies Constitutional due-process-of-law, and counteracts the natural self-optimization of free markets.

Zoning not only de-optimizes economies in general but, to be more specific, it imposes false “order” and/or aesthetics over people’s genuine needs, curbs competition, curtails needed development, reduces housing supplies, raises housing costs, wastes developers’ time on needless paperwork, impedes local entrepreneurship to escape poverty, disfavors new/small businesses, stifles innovation, slows progress, increases car traffic and its air-pollution, lowers overall standards-of-living, excludes “undesirables,” discourages social connectedness, contributes to homelessness, and much more.

Zoning, by rendering housing needlessly expensive, has incentivized Americans to forgo owning land in order to reside in apartments. KGB defector Yuri Bezmenov called such “delandization” the greatest threat to American liberty because Soviet subverters learned long ago that renters were psychologically likelier than landowners to embrace socialism. And this is why socialists have long sought to needlessly urbanize small-town America by zoning its residents into high-density housing alongside public mass-transit, which living-conditions also facilitate political surveillance-and-control.

So, zoning violates God-given rights, defies Constitutional law, de-optimizes economies, and fosters socialism—and, considering these reasons to oppose zoning, why would any non-socialist ever support zoning?

Some claim that zoning prevents unwise land-use and/or criminal nuisances—but this is superfluous because developers are naturally incentivized to act wisely not criminally. Others claim that zoning improves economic efficiency, residents’ health, buildings’ aesthetics, et cetera—but these claims are disproven, and these benefits are provided best via free markets. Yet others claim that zoning preserves existing neighborhood character—but this goal is best achieved by neighborly persuasion, cooperation, and perhaps restrictive covenants, not by abdicating land to corruptible politicians.

A more persuasive argument for zoning is that it keeps property values high—but this is another way to say that zoning keeps housing needlessly expensive. Zoning is partly why heavily-zoned Los Angeles endures insane housing costs (which is driving-out its middle class), while non-zoned Houston enjoys some of America’s most affordable housing. Such freedom allows rare quirks, like either a convenient mini-mart or a lone high-rise amidst a sea of small cottages—but such exceptions exist even in heavily-zoned cities, and these costs of free markets are arguably well worth their benefits.

So, zoning has illusory benefits but substantial detriments. Land-use is best decided neither in voting-booths nor in planning bureaus, but in free markets. De-zoning is especially needed during the 2020s as we Americans endure a “crisis” of skyrocketing housing costs that are driving homebuyers increasingly toward high-density or even homelessness. Un-zoned markets will allow homebuyers to more-easily obtain cheaper better options that will best serve their actual needs/wants, rather than what best serves politicians and perhaps their comrades or cronies. So, let’s please abolish zoning!

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References:

• Reason: “Land Use Without Zoning” (1974 Feb)
• FEE: “Houston Says No to Zoning” (1994 Aug 01)
• Mises Institute: “How Zoning Rules Would Work in a Free Society” (2009 Jun 17)
• Mises Institute: “Zoning Laws Destroy Communities” (2010 Apr 30)
• Deseret News: “Utahns revere the Constitution — except in zoning” (2014 Sep 05)
• FEE: “How Deregulating Real Estate Markets Can Solve America’s Shortage of Affordable Housing” (2021 Apr 10)
• Defending Utah: “A Case for Freedom from Zoning” (2024 Jan 01)