Without zoning: Urban development and land use controls in Houston

Abstract

Houston is the only major city in North America without zoning. The growth of Houston illustrates a traditional free market philosophy in which land use zoning is seen as a violation of private property and personal liberty. This paper explores how the lack of zoning has an impact on land use controls and urban development in Houston. Using a theoretical framework derived from institutional economics and public choice theories for institutional analyses of land development controls, it explores how local land use policies made by both the local government and non-governmental sectors shape urban development in Houston. The study results show that despite the city’s lack of zoning, local land use regulatory policies made by the municipality have significant influence on urban development. Additionally, civic and private organizations such as super neighborhoods and homeowner associations fill the gaps left by the lack of land use zoning. These two aspects contribute to land use controls and urban development of the city. The study finds that land use controls by private contract and by government legislative intervention are not mutually exclusive or immutable; that equity goals are not met in market approaches, and public planning intervention is necessary; and that deed restrictions might be better at facilitating property sales and maintenance than at improving neighborhood welfare and governance.