NIMBY Zoning And the Tragedy Of The Commons

Decades ago, ecologist Garrett Hardin wrote about the "tragedy of the commons"- when an action that is rational for one person becomes irrational when widely practiced.  For example, suppose that there are a few dozen cattle ranchers near a pasture open to all.  It makes sense for each rancher to let as many cattle graze as possible on the pasture, so that the ranchers can feed their cattle without buying additional land.  But if every rancher lets as many cattle as possible graze, sooner or later the land will be overgrazed and the cattle may starve.

2 minute read

August 27, 2012, 2:01 PM PDT

By Michael Lewyn @mlewyn


Decades ago, ecologist Garrett Hardin wrote about the "tragedy of the commons"- when an action that is rational for one person becomes irrational when widely practiced. 

For example, suppose that there are a few dozen cattle
ranchers near a pasture open to all.  It
makes sense for each rancher to let as many cattle graze as possible on the
pasture, so that the ranchers can feed their cattle without buying additional
land.  But if every rancher lets as many
cattle as possible graze, sooner or later the land will be overgrazed and the
cattle may starve.

Today's NIMBY ("Not In My Back Yard")-based system of land
use regulation has a similar illogic.   Typically,
an urban landowner who wishes to build additional housing units will need to
request a rezoning, because existing zoning often bars densities higher than
the status quo.   Because no one other than the landowner and
its neighbors care about the rezoning, municipal politicians often approve a
rezoning only if neighbors do not object.

For each individual neighborhood, it may make sense to oppose
such rezonings.  New housing may lead to
additional traffic, and may even lead to decreasing real estate values as the
housing supply expands.   

But what happens if every single neighborhood keeps out new
housing?  Housing prices may explode,
because a reduced supply of any item is likely to raise the price of that item.  San Francisco-size housing prices may be good
for the NIMBYs, but are not so good for the region's overall quality of life.

And if there are not enough housing units in existing
neighborhoods to meet demand, developers will build housing in depopulated
(usually rural) areas where there are few neighbors to object.   Because public transit usually does not serve
the newest suburbs, the residents of these new homes will drive long distances to
work, thus increasing vehicle miles traveled, which increases traffic congestion
and air pollution for everyone (as well as the unforeseeable consequences of
increased greenhouse gas emissions). 

And if jobs move to serve the new suburbs' residents,
eventually residents of existing urban and suburban neighborhoods will be forced to drive to those
jobs to avoid unemployment, suffering from additional transportation costs and perhaps even from the
traffic congestion they sought to avoid when they sought to exclude urban housing.

So even though NIMBY exclusion is good for its practitioners
in the short run, we all suffer in the long run, making NIMBYism a classic
example of the "tragedy of the commons." 




Michael Lewyn

Michael Lewyn is a professor at Touro University, Jacob D. Fuchsberg Law Center, in Long Island. His scholarship can be found at http://works.bepress.com/lewyn.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and "harrowing" close calls are a growing reality.

June 15 - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

June 15 - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

June 15 - The Washington Post