Expert Tips: Understanding the politics of land use

Our current and future clients often express shock that their land use project is facing overwhelming opposition. The client will usually say something like “but, the project is so well planned and it has amazing features and benefits.” It is at this point that we usually cut them off and tell the client that “no one cares.”

It doesn’t matter if the project is the most environmentally friendly mixed use development, a wind farm that will provide clean energy to thousands of homes or hospital that will provide low cost and high quality care to the community – those that live closest to a proposed land use project will oppose it because they fear that it will negatively change their lives forever. Fear drives their opposition and pushes them to act politically in an effort to block whatever land use project is being proposed.

These nearby residents, often referred to as NIMBY’s (Not In My Back Yard), will organize their neighbors in opposition to the proposal: building a community opposition group; holding neighborhood meetings; mailing, emailing and phone calling decision makers; writing letters to the editor of the local papers; showing up at public hearings and presenting visible and vocal opposition to approval throughout the land use process.

The voices of these angry constituents, who can vote the decision makers out of office, create enormous political pressure on decision makers to reject even the best proposals. This type of political pressure plays a far greater role in the outcome of land use decisions than the promised or actual benefits of the proposed project. Promising more jobs, tax revenue or some nebulous global benefit is not an effective means of overcoming the objections of even a small group of vocal opponents.

Developers should not expect decision makers to fall on their sword to support a politically unpopular project just because it is a “good” idea. Great land use proposals die every day because they lack popular support from the impacted communities.

No one likes to hear this, but the reality of land use politics is that decision makers do not care that your land use project is a quality proposal with lots of features and benefits – they view your project as a stepping stone to or a hindrance of their reelection. The “right” or “appropriate” land use is irrelevant. Being part of solving a global, or any non-local, issue is irrelevant.

In America, most would agree that it would be a good idea to balance the budget, but it will never happen because the pain that would be inflicted on the elected members of Congress at the polls by their constituents would be unbearable. It is much easier to make bad decisions that you are rewarded for than good decisions that cause you to be punished. Your local community is no different – a proposed wind farm might be great for the community and a good idea, but if there is substantial opposition no smart elected official will vote to approve it. The converse is also true – a proposed shopping center might be a terrible use of land, but if it will raise enough tax revenue so that an elected official can avoid voting for a tax increase later, a smart elected official will vote to approve it.

If you are interested in impacting land use decisions, you should forget about global notions of what is good or right and instead focus on the ways to rally political support for your side of the land use battle. The key to winning approval of a land use project, particularly in the face of vocal opponents, is the involvement of average citizens who display visible and vocal community support throughout the entire land use process. Decision makers need to feel pressure from constituents at key points in the land use process. They need to see widespread support in order to have the necessary political cover to approve a controversial project.

Comments or questions regarding an Expert Tip? Contact Leigh Mayo, President & CEO of Land Use Experts.

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