Should Students Be Zoned Out?

Although suburbs with college campuses are often eager to zone out students, this sort of exclusionary zoning has its own negative side effects.

2 minute read

April 26, 2014, 10:08 PM PDT

By Michael Lewyn @mlewyn


Dartmouth Dorms

Art Phaneuf - LostArts / Shutterstock

In Long Island where I teach, colleges and universities are engaged in a dorm-building boompartially to attract out-of-town students, but partially because zoning rules often prevent student-oriented off-campus housing such as apartments and group houses.

The Supreme Court has upheld such zoning ordinances; in a 1974 decision upholding one Long Island suburb's right to exclude group houses, Justice Douglas wrote:

A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs...It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people.

Justice Douglas's decision to use "youth values" as a reason to exclude college students seems a bit bizarre to me. Nevertheless, such restrictive zoning is understandable; I suspect that the middle-aged suburban homeowners believe that college-age students are far too likely to get drunk, drive recklessly, or have noisy parties (or worse still, do all three at the same time). Moreover, high car insurance premiums for college-age drivers suggest that this prejudice is rooted in empirical reality. 

On the other hand, anti-student zoning creates its own problems. If students don't have any place to live near a college, they have to commute to the college. And in the automobile-dependent suburbs of Long Island, this usually means lots of driving. So ironically, a zoning strategy designed to create places where (in Justice Douglas's words) "motor vehicles [are] restricted" in fact may create traffic jams and pollution near universities.

As noted above, on-campus housing may well solve this problem, by allowing students to get to school without driving. This strategy may work well in the long run, especially if students do not bring cars to the dormitories with them. However, a municipality cannot always rely on a university's willingness to build dormitories, since dorm construction requires time and money.


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

Use Code 25for25 at checkout for 25% off an annual plan!

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 4, 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

White and yellow DART light rail train in Dallas, Texas with brick building in background.

DARTSpace Platform Streamlines Dallas TOD Application Process

The Dallas transit agency hopes a shorter permitting timeline will boost transit-oriented development around rail stations.

May 28, 2025 - Mass Transit

Aerial view of large complex of apartment buildings surrounded by fall foliage trees in suburban Dallas, Texas.

Renters Now Outnumber Homeowners in Over 200 US Suburbs

High housing costs in city centers and the new-found flexibility offered by remote work are pushing more renters to suburban areas.

1 hour ago - Point2

Yellow single-seat Japanese electric vehicle drivign down road.

The Tiny, Adorable $7,000 Car Turning Japan Onto EVs

The single seat Mibot charges from a regular plug in about as much time as an iPad, and is about half the price of an average EV.

3 hours ago - PC Magazine

Worker in hard hat stands in front of oil pipeline under construction with yellow heavy equipment.

Supreme Court Ruling in Pipeline Case Guts Federal Environmental Law

The decision limits the scope of a federal law that mandates extensive environmental impact reviews of energy, infrastructure, and transportation projects.

June 5 - NPR

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.

Write for Planetizen