Buried in the current Social Spending bill in Congress is a controversial question considered 50 years ago in Bucks County: Can local governments control their own zoning ordinances?
Since April 2021, the Biden administration has sought to curtail single-home zoning and other local zoning powers. Back in October 1971, Bucks County’s 54 municipalities and the county’s commissioners faced the same question in a lawsuit from the Bucks County Legal Aid Society and the Milton Schapp administration.
The Legal Aid Society claimed the extensive use of single-home zoning in Bucks County promoted discrimination against minorities and against those seeking low-income housing. The Bucks County commissioners did not oppose the lawsuit, leaving the municipalities on their own to fight. The Legal Aid Society’s director, Lorry W. Post, asked that the courts, and not the municipalities, change local zoning rules.
However, the municipalities won in court. In April 1972, Bucks County President Judge Edwin H. Satterthwaite rejected the Society’s demand that the Bucks County planning commission take over local zoning across the county. A year later, the state Commonwealth Court reached the same opinion.
Today, the Biden administration is raising a similar argument, claiming suburbs use zoning rules to block minorities and low-income groups from housing. The White House Council of Economic Advisers wrote in September that “rigid single-family zoning [is] a practice linked with racial segregation, [and] has prevented the construction of multi-family units, which would allow for higher density and an increased supply of housing.”
On Sept. 1, 2021, the White House defined other unacceptable local zoning practices: “minimum lot size requirements, minimum square footage requirements, unnecessary parking requirements, prohibitions on or differing treatment for multi-family homes, accessory dwelling units, and manufactured housing, and limits on the height of buildings.”
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