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 an associate professor at Touro College, Jacob D. Fuchsberg Law Center, in Long Island. His scholarship can be found at http://works.bepress.com/lewyn.

Aerial view of snowy single-family homes in suburban Long Island, New York

New York Governor Advances Housing Plan Amid Stiff Suburban Opposition

Governor Kathy Hochul’s ambitious proposal to create more housing has once again run into a brick wall of opposition in New York’s enormous suburbs, especially on Long Island. This year, however, the wall may have some cracks.

March 20, 2023 - Mark H. McNulty

Empty parking garage at night with yellow lines marking spots and fluorescent lighting

Rethinking the Role of Parking in the American City

In cities big and small, the tide is turning against sprawling parking lots, car-centric development, and minimum parking mandates.

March 16, 2023 - The New York Times

A futuristic version of New York City, with plants growing neatly on top of modern skycrapers.

Friday Eye Candy: 20 AI-Generated Cityscapes

AI-generated images are creating new landscapes and cityscapes, capable of inspiring awe or fear.

March 17, 2023 - Chris Steins via Medium

A group of wetsuit-clad swimmers gathers to talk in shallow water near the shore of the San Francisco Bay.

Proposed Pool Would Make an Olympic-Sized Play Area in the San Francisco Bay

The San Francisco Bay is usually an undesirable place to swim, except for a hearty few. A development proposal seeking assistance at the state level would add a pool to the Bay’s waters to make the idea of going for a swim more appealing.

March 24 - The Mercury News

Chicago elevated train over busy city street surrounded by high-rise buildings

Chicagoland Transit Agencies Call for State Funding as Budget Shortfall Looms

Illinois transit agencies want to see changes to a law requiring them to collect half of their revenue from transit fares, arguing that low ridership and staffing shortages will lead to a massive budget gap without intervention.

March 24 - Crain's Chicago Business

Minneapolis Stone Arch Bridge

Panel: Minneapolis Zoning Updates Should Reflect Mixed-Use Future

A discussion of post-pandemic changes in work and commuting concluded that the city’s overhaul of its zoning code should be less restrictive with land uses.

March 24 - MinnPost

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

HUD’s 2023 Innovative Housing Showcase

HUD's Office of Policy Development and Research

Write for Planetizen

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.