It's not how complicated or divisive New Urbanist-based land use regulations are that's driving the legal profession nuts. It's the opposite. There just aren't many New Urbanist rulings in the casebook, explains Jonathan Zasloff.
Zasloff explores the possible reasons why "[a] quick check in the Westlaw 'ALLCASES' database yields only one result for the phrase 'Form-Based Code' and none of the results for 'transect' has anything to do with the New Urbanist land use concept."
It's not that there hasn't been enough proliferation of New Urbanist-based regulations to to generate cases, he argues, but that "New Urbanism squeezes a lot out of the uncertainty and over-regulation out of the Euclidean system, but cannot get rid of it. Euclidean zoning might be necessary to handle these uncertainities [sic]."
"In other words," he concludes, "while New Urbanism coding can serve as a replacement for a lot of Euclideanism, it cannot eliminate it entirely — not because we are addicted to Euclidean forms, and not because we are dumb, but because lots of the world is uncertain, and cities will have to grapple with that. Conditional use permits and variances aren’t about the flawed ideology of early-20th century planners, but about the world’s inevitable uncertainty. If this is right, then land use casebooks will still emphasize Euclidean zoning, because that’s where the disputes are and necessarily will be."
FULL STORY: Has New Urbanism Killed Land Use Law?
San Diego Satellite Town Asks: Smart Growth or Trojan Horse?
San Diego County's "most walkable city" is being challenged to identify the real smart growth: what it has or what is being proposed. At issue: a plan amendment for a high density project near transit. But is the project real?
Judge Overturns Township’s Ban on Cemeteries
Brooks Township in Michigan ran afoul of the state constitution when it instituted a blanket cemetery ban with the intent to block a green cemetery.
Seattle Downtown Plan Expands Permitted Uses
The Downtown Activation Plan shifts from Euclidean to form-based zoning to encourage more commercial development.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
USGS Water Science Centers Targeted for Closure
If their work is suspended, states could lose a valuable resource for monitoring, understanding, and managing water resources.
Congress Moves to End Reconnecting Communities and Related Grants
The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.
Poor Conditions in Mobile Home Parks Put Residents at Risk
Failing infrastructure, poor water and air quality, and predatory owners endanger the health of manufactured home residents, many of whom are elderly and low-income.
How Complete Streets Stands to Lose in the FY26 ‘Skinny Budget’
The President’s proposed budget could cut key resources for active transportation, public transit, and road safety programs.
Dairy Queen and Rural Third Places
Dozens of Dairy Queen restaurants across Texas are closing, taking a critical community space with them.
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.
City of Moorpark
City of Tustin
Tyler Technologies
City of Astoria
Transportation Research & Education Center (TREC) at Portland State University
Chaddick Institute at DePaul University
Regional Transportation Commission of Southern Nevada
Toledo-Lucas County Plan Commissions