Upzoning and value capture: How U.S. local governments use land use regulation power to create and capture value from real estate developments

The public sector can harness its authority to control land uses to secure valuable public benefits from real estate developments. This paper investigates how five major U.S. cities—Boston, Chicago, New York, San Francisco, and Seattle—are using their land use regulation powers to create and capture value for the public benefit. An analysis of the zoning and entitlement processes of the 20 largest real estate development projects in each city reveals that value has been captured from all 100 projects. Furthermore, these cities implicitly differentiated value capture into two distinct components: value creation and value capture. Among the 100 projects, cities created value for 90 projects by allowing greater density and height—a practice often referred to as “upzoning.” Distinguishing such upzoning incidences from traditional land use exaction tools is important because the added value gives local governments greater legitimacy in asking for public benefits. The experience of the five cities further revealed that value capture strategies can be customized to adapt to unique regulatory, political, and cultural contexts. Lastly, despite the fact that the majority of the upzoned projects increased density and height through project-specific negotiations, none of the cities had clear standards or evaluation frameworks for determining: how much value was created, what can be asked for in return, and who should benefit from the value captured. Cross-national scholarship on value capture can be leveraged to address these important questions.     

Comparing states with and without growth management analysis based on indicators with policy implications comment

In a recent volume of this journal, Nelson (Land Use Policy 16 (1999) 121) defines and computes several statewide indicators designed to evaluate the effectiveness of growth management efforts in Oregon and Florida. Two indicators are intended to measure how well states have contained urban sprawl and preserved farmland. They are computed using US Census of Population and US Census of Agriculture data. In this comment, I highlight potential problems associated with using these data to evaluate urban sprawl and farmland preservation, and recompute Nelson's indicators using alternative land use data. Differences and similarities between my indicators and those computed by Nelson are discussed.     

Developing an appropriate land use methodology to promote spatially just,formal retail areas in developing countries: The case of the City of Cape Town,South Africa

South African scholars have increasingly recognized that the prevailing management system for land use is one not relevant to the current spatial needs of the country's settlements. These include, in particular, the need to create sustainable, spatially just and resilient settlements and to develop land in a manner that promotes efficient urban development. The debate in the South African literature on land use management has, with a few notable exceptions, yet to venture into the specific mechanics of how to fix this system, ways the system can be used to create a spatially just urban form, or its applicability in formal retail areas.This paper addresses these questions within the context of formal retail areas and the zoning category that these are typically found in, namely that of the General Business zone. This paper initially investigates the current exclusionary nature of formal retail areas in the context of South Africa and within Cape Town and how this is linked to the more macro patterns of spatial exclusion within Cape Town. It is argued that within the context of Cape Town there is a need to focus on both commercial, particularly formal retail, as well as residential, areas with regard to the project of creating a more spatially just city. It is subsequently demonstrated, firstly, how zoning scheme provisions could be used as a mechanism to address these patterns of exclusion in formal retail areas, specifically exploring provisions that would encourage inclusion of informal and microenterprises within shopping malls. Secondly, it is demonstrated how provisions can be included that create a safer and more inviting environment for public transport users and poorer employees and consumers, in formal retail areas.The contribution of this paper is to initiate a long overdue conversation regarding the relationship between land use management and social justice within a developing world context, and in formal retail areas, and aims to set out ways in which land use management can be made more relevant; both for South African cities and cities in other developing countries.     

Urban spill over vs. local urban sprawl: Entangling land-use regulations in the urban growth of China's megacities

Rather than a bad case of urban sprawl, the physical expansion of China's megacities may be viewed as a combination of ‘urban spill over’ and ‘local urban sprawl’. This paper reviews land use regulations in their institutional context and argues that conflicts in land use regulation are related to ideologies of land ownership and embedded in different planning doctrines. These hypotheses are investigated with special reference to Guangzhou, the capital of Guangdong Province in southern China. The evidence suggests that entangled land use regulations for “urban” and “rural” land have imposed serious constraints on urban growth, while the contradictions of different policies and regulations in the use of rural lands for urban construction have led to intensive and unhealthy competition among stakeholders. As a result, not only have the costs of land conversion from rural to urban uses increased, but the spatial development of Guangzhou has been distorted. The implications of these failures for future policy are discussed with emphasis on the reform of the land use regulation system.     

Local regulatory responses during a regional housing shortage: An analysis of rezonings in Silicon Valley

Scholars have partially blamed high housing prices in many metropolitan areas on residential density restrictions. Santa Clara County is the geographic heart of California’s Silicon Valley and is one of the most expensive counties in the U.S. for renters and homebuyers. This research answers two questions about how municipalities change their zoning. First, how common are rezonings? Second, what are the determinants of density-increasing “upzonings” and density-decreasing “downzonings”? This is the first study to analyze rezonings across neighboring municipalities and expands our limited explanations of rezonings. The three largest cities in Santa Clara County are analyzed using a parcel dataset with zoning at two time periods: 2006–2016 for San José and Sunnyvale, and 2012–2016 for the city of Santa Clara. Multinomial logistic regression models are used to compare the relative risk of a parcel being upzoned or downzoned compared with no zoning change. Little land was upzoned in the three cities. San José increased allowable residential densities on 0.6% of its parcel land area on average per year, while Santa Clara averaged 0.3% and Sunnyvale averaged 0.1% per year. Downzoning was less common and tended to involve small reductions in allowable density. San José decreased allowable residential densities on 0.5% of its land area per year, and Santa Clara and Sunnyvale engaged in almost no downzoning. The main findings are: (1) regulatory changes were more likely in San José, the central city, than in the neighboring smaller municipalities; (2) there was little upzoning or downzoning, regardless of a neighborhood’s homeownership rate; and (3) rezonings tended to be small-scale and initiated by property owners rather than through large-scale municipal actions.     

Stakeholder perceptions and governance challenges in urban protected area management: The case of the Las Piñas – Parañaque Critical Habitat and Ecotourism Area,Philippines

The conservation and management of protected areas in urban settings has become increasingly challenging with dynamics over land use change in adjacent urban areas being highly relevant to, but at times conflicting with, the protected area. This study seeks to better understand the implications of land use change processes to urban protected area management through the case study of the Las Piñas – Parañaque Critical Habitat and Ecotourism Area (LPPCHEA) in Metro Manila, Philippines. Factors and processes influencing land use change and protected area management and the impact of stakeholders’ perceptions on protected area were analyzed. The urban protected area in itself has limited influence on its surrounding urban areas, as land use change in these areas is shaped more by social, economic and policy/institutional factors occurring within the context of urban-regional development. The study also found that land use conflict is evident in an urban protected area due to the competing ecosystem services derived by various stakeholders. This discord is deepened by the lack of coordination between land use planning and protected area management. Integrating protected area management with land use planning through legally binding instruments, specific timeframes and clear internal procedures can help resolve land use conflict for an urban protected area at the strategic or policy level.     

Rural development and the role of game farming in the Eastern Cape,South Africa

The analysis of game farming is set in the Eastern Cape, South Africa. Game farming reorders the use, meaning and value of land and animal species. However, what it means for rural development processes in the immediate region and beyond is not well accounted for. We perceive game farming as an assemblage that brings together new actors, new forms of land use and new discourses. We argue that although game farming has generated new opportunities and new forms of added value to the available resources (e.g. eco-tourism, trophy hunting, game-meat production), situated in the history and contemporary context of the Eastern Cape, it is a contested, and from a development point of view, problematic land-use practice. We argue that game farming constrains land and agrarian reforms: the distribution of land and income remains skewed; ‘poaching’ occurs and game farms do not, or only minimally, generate new and badly needed employment opportunities. The game farm has emerged as an exclusive, globally well-connected space. The nature of the relationships this space maintains with the surrounding communities is, however, such that the overall contribution to rural development in South Africa is questionable.     

Planning for social inclusion: The impact of socioeconomic inequities on the informal development of farmland in suburban Beijing

Informal development on farmland is not only a major problem facing thousands of people, but also a major challenge to land use planning. In the rapidly growing literature on informal land development in China, most authors claim that ambiguous property rights and the dual land tenure system are the primary factors involved. As a result, existing state-led land use planning responses to informal development are solely focused on strengthening the legal regulation of land development. This paper challenges this approach, on the basis of the theory of urban informality. By examining many illegal gated communities in suburban Beijing, the paper argues that the informal development of farmland on the urban fringe is the result of local grassroots groups spontaneously responding to socioeconomic inequities in the context of transition to a market economy. These inequities mainly concern distributive inequity, procedural inequity and contextual inequity in relation to land use. It appears that the ongoing market-oriented initiatives of the state government could worsen informal land development unless these socioeconomic inequalities at the local level are tackled. The growing civil society is another change to the state's control of informal land development in China's cities. A new land use planning system which has more concern for social inclusion rather than focusing on centralized control is imperative in China.     

Impacts of land use and amenities on public transport use,urban planning and design

Various land-use configurations are known to have wide-ranging effects on the dynamics of and within other city components including the transportation system. In this work, we particularly focus on the complex relationship between land-use and transport offering an innovative approach to the problem by using land-use features at two differing levels of granularity (the more general land-use sector types and the more granular amenity structures) to evaluate their impact on public transit ridership in both time and space. To quantify the interdependencies, we explored three machine learning models and demonstrate that the decision tree model performs best in terms of overall performance—good predictive accuracy, generality, computational efficiency, and “interpretability”. Results also reveal that amenity-related features are better predictors than the more general ones, which suggests that high-resolution geo-information can provide more insights into the dependence of transit ridership on land-use. We then demonstrate how the developed framework can be applied to urban planning for transit-oriented development by exploring practicable scenarios based on Singapore's urban plan toward 2030, which includes the development of “regional centers” (RCs) across the city-state. Results show an initial increase in transit ridership as the amount of amenities is increased. This trend, on the other hand, eventually reverses (particularly during peak hours) with continued strategic increase in amenities; a tipping point at 55% increase is identified where ridership begins to decline and at 110%, the predicted ridership begins to fall below current levels. Our in-silico experiments support one of the medium-term land-use transport goals of stakeholders—to alleviate future strains in the transportation system of Singapore through the development of RCs. The model put forward can serve as a good foundation in building decision-support tools that can assist planners in better strategizing and planning land-use configurations, in particular the amenity resource distribution, to influence and shape public transportation demand.     

A comparison of land unit delineation techniques for land evaluation in the Western Cape,South Africa

Land evaluation, an integral part of land use planning, has been established as one of the preferred methods to support sustainable land use management. In essence, land evaluation aims to compare and match each potential land use with the properties of individual parcels of land, also called land units. A land unit is an area that is, according to predetermined properties, different from the surrounding land and can be assumed to have homogeneous land properties (e.g. climate, soils, cover). Land components (also called landform elements, terrain units or land surface segments) are often used as land units, mainly because their boundaries frequently coincide with transitions in environmental conditions. Although land components have traditionally been delineated by studying topographical maps, interpreting aerial photographs and making field measurements, such manual mapping techniques are very time-consuming and subjective. Land component maps can be generated more objectively and faster by using computer algorithms. This paper compares the maps produced by three algorithms, namely the automated land component mapper (ALCoM), the iterative self-organizing data analysis technique algorithm (ISODATA) and multi-resolution image segmentation (MRS), to determine which technique produces the most homogenous and morphologically representative land components for an area in the Western Cape province of South Africa. The results revealed that the three methods produced significantly different land component maps. While ISODATA's units were relatively homogenous, their boundaries rarely followed morphological discontinuities. ALCoM performed better in delineating land components along terrain discontinuities, but produced relatively heterogeneous land components. Overall, MRS performed consistently well and was significantly more sensitive to morphological discontinuities than the other two methods tested. Land use managers should, however, use MRS with care as more research is needed to determine what effect its different input parameters have on land unit boundaries.     

How has Oregon's land use planning system affected property values?

Oregon's landmark land use planning system has been criticized for imposing large negative effects on landowners’ property values, although evidence to support these claims has been lacking. This paper examines longitudinal data for undeveloped parcels since before adoption of the planning system. The sample includes parcels under different land use regulations, and it compares Oregon to Washington. The results indicate generally that property values have increased at similar rates both inside and outside urban growth boundaries, and across parcels zoned for different uses and across state lines. The results are consistent both with theory and with other studies indicating land use regulations can have positive, neutral or negative effects.     

Critical analysis of the official Greek urban planning indicators of private uses

The aim of the article is to review the official Greek target indicators, i.e. those standards that are included in the current planning legislation (Official Government Gazette 285/D/5.3, 2004), and are used for the planning of private uses, such as manufacturing, wholesale trade, retail trade, offices, and housing. The article elaborates on the general typology of urban indicators and, more specifically, it addresses the methodology for the calculation of target indicators. Part of this methodology is utilized for the evaluation of the official target indicators that are currently in force. This evaluation is mainly based on the comparison of target indicators with the respective state indicators of years 2004, 2008, and 2012, and is carried out for each category of private urban uses separately. The article concludes on the inappropriateness of the values legislated as target indicators, and stresses the need for their immediate revision.     

Land tenure security and its implications for investments to urban agriculture in Soweto,South Africa

Land tenure regime is considered one of the most crucial assets determining viability of urban agriculture, especially in terms of investments. Many authors have built on traditional agricultural theory that only land ownership and (formal) secure land tenure can incite investments into farming, thus stressing the need of secure land tenure for more prosperous urban agriculture. However, these statements are often built on weak or nonexistent empirical evidence. This research aims to contribute to the discussion on land tenure for urban agriculture by mixed-method exploration of the above-mentioned theory. Additionally, we propose a farming investment index which measures the level of investments by using non-monetary information obtained from respondents. The results of our study show that land tenure security for urban farmers is often seen as a rather narrow concept, focusing only on legal tenure security but omitting its other dimensions such as perceived and de facto tenure security. Nevertheless, all three dimensions of tenure security positively influence investments to urban agriculture.     

广东省土地利用规划四级联动信息化管理体系构建

本文通过分析广东土地利用规划数据库的现状特点以及土地规划管理的信息化现状,提出构建广东省土地利用规划省市县乡四级联动的信息化管理体系的设想,并总结了体系构建的现有基础和预期效益。     

保护资源和保障发展双重目标下土地利用规划实现研究

土地利用规划是一项多目标规划,又是信息不完全的灰色系统。编制规划具有许多不确定性。在保护资源和保障发展双目标约束下,土地利用规划实现必须解决规划理念、规划目标、规划基础、规划思路、规划方法和用地配置等方面的难点,在科学的规划理念引领下,规划目标指导规划思路,规划思路制约规划方法,规划基础直接影响规划的科学性和可行性。     

Effects of land urbanization and land finance on carbon emissions: A panel data analysis for Chinese provinces

The rapid urbanization in China comes with several economic, social, and environmental issues, most of which are related to land use. This study contributes to research on the land–growth–environment nexus by investigating the effect of land urbanization and land finance on carbon emissions in China from 2004 to 2013 using the Stochastic Impacts by Regression on Population, Affluence, and Technology (STIRPAT) model. Results show that land finance and land urbanization significantly affect carbon emissions. The rate of land urbanization contributes to the reduction of carbon emissions; however, it has less impact compared with other determinants. The effect of land finance and land urbanization on carbon emissions indicates that a local government’s willingness to lease land for revenue aggravates carbon emissions. Economic growth and industrial structure also influence carbon emissions. Furthermore, the land requisition system and rural land conversion market should be enhanced through the guidance provided by the 13th Five-Year Plan (2016–2020) to promote the diversification of land transfer, fully consider regional differences, and establish a distinct policy focus that can contribute to emission reduction and land use.     

浅析土地发展权与土地利用规划

我国正处于工业化和城市化的加速时期，土地需求急剧增加。为了进一步控制土地利用，国家采取一系列的有力措施，但在土地管理中存在土地配置效率低下、大量农用地非法转为建设用地等的问题。在市场经济条件下，土地的经济价值日益显化，农民围绕土地权益而发生大量纷争，为了解决其中的一些尖锐矛盾，我国应积极地创设土地发展权制度，显化土地发展极，建立基于国有土地发展权的土地利用规划思路。     

SEA making inroads in land-use planning in Brazil: The case of the Extreme South of Bahia with forestry and biofuels

In Brazil, incorporating the environmental dimension to the planning process is a challenging process. Planning has historically been carried without considering environmental protection concerns. The country's large development projects have engendered a discussion on the feasibility of these works given the conflicts with environmental policies. The strategic environmental assessment (SEA) is a tool that has the potential to integrate the sectoral, territorial and environmental perspectives to promote sustainable development, as shown by international experience. Its use has not yet been regulated in Brazil, only been voluntary initiatives, both public and private, have been implemented. This paper presents the structure and results of the SEA of the plans to expand silviculture of eucalyptus and biofuels in the Extreme South Region of Bahia state, in the Brazilian Northeast, in a context of sectoral planning dissociated from government guidelines for land use policy and environmental protection. It portrays a practical case of methodological proposal for the use of socio-environmental criteria to establish limits for land occupation by monocultures, for each of the municipalities of the study region, according to their specific climate, soil, relief and environmental preservation characteristics. Various alternatives were identified to ensure areas with greater productivity for small family farming and areas with potential for preservation. SEA helped to a better understanding of the effects of the expansion of the planting areas in each alternative, which was essential to help all stakeholders visualize the consequences of their strategies. Consequently, as results the SEA outlined a series of guidelines and restrictions for the various levels of government and the production sector. For instance, SEA suggested for Federal, State and Municipality governments that areas with better soil and climate conditions could be reserved for public policies to incentive the diversification of the uses of the territory, such as food production. SEA also suggests the adoption of incentive programs to establish multiple-use forests. The SEA recommended that the state government integrate its program for strengthening family agriculture with land-use planning criteria, based on cooperative systems The methodology employed has evidences to be replicable in other regions of Brazil and in developing countries.     

Land use policy in China: Introduction

This themed issue of Land Use Policy builds mainly on papers presented at an international conference on ‘Land Use Issues and Policy in China under Rapid Rural and Urban Transformation’, convened by the Chinese Academy of Sciences in Beijing, China, in October 2012. The conference set out to share and promote new scientific findings from a range of disciplines that advance research on land use policy in China. The contributions to this themed issue provide conceptual–theoretical and empirical takes on the topic, around four main areas of interest to both researchers and policymakers: nation-wide land use issues, the Sloping Land Conversion Program, land engineering and land use, and land use transitions. Various land use issues have been associated with rapid urban–rural transformations in China, giving rise to formulation of new policies directly affecting land use. However, these have contributed to new land use problems due to the nature of the policies and the difficulties in policy implementation constrained by the special ‘dual-track’ structure of urban–rural development in China. In view of this, this themed edition makes a compelling call for more systematic research into the making and implementation of China's land use policy. It also emphasizes the challenges for further research on land use policy in China.     

The direct use value of municipal commonage goods and services to urban households in the Eastern Cape, South Africa

To redress past racial discrepancies in ownership and tenure, the ANC government of South Africa initiated programmes to make land accessible to the previously disadvantaged. A key component of the national land reform programme was the provision of commonage lands to urban municipalities for use by the urban poor. However, there has been no assessment of the contribution that urban commonage makes to previously disadvantaged households. This study assessed the economic benefits of the commonage programme to local households, through an in-depth survey of 90 households across three small towns in the Eastern Cape of South Africa. We examined the marketed and non-marketed consumptive direct-use values of land-based livelihoods on commonage, calculated via the ‘own reported values’ approach. The results indicate that a proportion of South Africa's urban population rely to some degree on municipal commonage for part of their livelihoods. Commonage contributions to total livelihood incomes ranged between 14 and 20%. If the contributions from commonage were excluded, the incomes of over 10% of households in each study town would drop below the poverty line. Overall, the value of harvests from commonage was worth over R1 000 (US$ 142) per hectare per year and over R4.7 million (US$ 0.68 million) per commonage per year. However, the extent and nature of use and reliance was not uniform among households, so that we developed a typology of commonage users, with four types being identified. However, rapidly growing urban populations and high levels of poverty potentially threaten the sustainability of commonage resource use. Yet the national land reform programme focuses largely on the transfer of land to municipalities and not on sustainable management. Municipalities, in turn, invest relatively little in commonage management, and the little they do is focussed on livestock production. Non-timber forest products are not considered at all, even though this study shows that they are a vital resource for the urban poor, notably for energy and construction materials.