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The Political Economy of Downzoning

Adesoji O. Adelaja and Paul D. Gottlieb


“Substantial downzoning” is defined as the exercise of police power to significantly reduce the
legally permitted density on undeveloped land in a community. This contentious practice is
typically challenged by those who perceive the action to limit their market opportunities (e.g.,
farmers and developers), their sympathizers, and others who prefer the status quo. Supporters
tend to be those who perceive positive benefits (e.g., environmentalists, conservationists, and
homeowners) and those who see it as a supplement to other preservation techniques, based on
concerns over such things as growing public costs of land acquisition, limited effectiveness of
existing alternatives, or the perceived urgency to act to manage growth.
Given the complexity of the issue and the lack of previous research, this paper develops a
conceptual model of the public choice to “substantially downzone” and presents specific hy-
potheses to be empirically tested, using New Jersey as a case study. The probability of imple-
menting substantial downzoning is found to increase with (i) the amount of open space that
remains to be protected, (ii) declining farm population, (iii) recent growth in non-farm popula-
tion, (iv) recent growth in land values, and (v) the presence of alternative growth management
tools. Results also suggest its use as a substitute for other preservation tools when the financial
and/or political ability of communities to afford other approaches is limited. Hence, the likeli-
hood of substantial downzoning may increase over time if alternatives become more difficult
to implement.

Key Words: substantial downzoning, takings, land use, growth management, open space, po-
litical economy

The post-war period in the United States has gen- age unfettered growth at the urban-rural fringe
erally been characterized by population growth in and combat what is popularly known as “urban
rural and suburban communities, coupled with sprawl” (Burchell et al. 1998, Daniels 1999, p. 44).
declines in nearby central cities (Orfield 1997). Various growth management tools have emerged,
The consequences of this trend include the loss of including purchase of development rights (PDR)
open space and farmland, higher property taxes on agricultural or open land, transfer of develop-
due to added infrastructure and service costs, ment rights, infrastructure concurrency require-
concerns about traffic congestion, and fears about ments, development impact fees, clustering re-
declining school quality. Concerns about these quirements, urban growth boundaries, and combi-
consequences have led to greater desire to man- nations thereof (see Adelaja and Schilling 1998,
_________________________________________ Kelly 1993, SmartGrowth Network 2002).
Adesoji “Soji” Adelaja is the John A. Hannah Distinguished Professor As a growth management or preservation tool,
in Land Policy and Director of the Land Policy Institute at Michigan
State University, in East Lansing, Michigan. He holds joint appoint-
communities have always used their police power
ments in the Department of Agricultural, Food and Resource Eco- to reduce the legal density allowed on undevel-
nomics, the Department of Geography, and the Department of Com- oped land (increasing minimum residential lot
munity, Agricultural and Recreational Resource Studies (CARRS) at
Michigan State University. Paul Gottlieb is Associate Professor in the sizes) through zoning and rezoning. This move
Department of Agricultural, Food and Resource Economics, School of “down” the hierarchy of land uses toward those
Biological and Environmental Sciences, at Rutgers, the State Univer-
sity of New Jersey, in New Brunswick, New Jersey.
that are less intensive (see Alonso 1964) is typi-
Useful comments and assistance from Dr. Yohannes G. Hailu are ap- cally referred to as “downzoning.” Downzoning
preciated. is not always controversial. However, “substantial
This research was supported by a grant from the W.K. Kellogg Foun-
dation and by funds from the Michigan Agricultural Experiment Sta-
downzoning,” which occurs when the degree of
tion, Michigan State University Extension, the New Jersey Agricultural downzoning is substantial, is highly controversial.
Experiment Station, and Rutgers Cooperative Extension. The growing incidence of substantial downzoning
This paper is dedicated to the memory of Bruce Gardner (1941–
2008), our long-term friend and mentor, leading agricultural eco- in many highly urbanized U.S. states, especially
nomist, pioneer, and leader in this area of inquiry. New Jersey, has created significant concern among
Agricultural and Resource Economics Review 38/2 (October 2009) 181–199
Copyright 2009 Northeastern Agricultural and Resource Economics Association
182 October 2009 Agricultural and Resource Economics Review

farmers and other major owners of undeveloped However, it is typically the case that opponents
land (Etgen et al. 2003, Samuels 2004). They are almost exclusively farmers, while proponents
often argue that substantial downzoning amounts are almost exclusively non-farmers. The criti-
to “takings,” is motivated largely by anti-growth cisms by farmers of substantial downzoning at the
and preservation sentiments, and is implemented urban fringe often centers on its constituting the
as an unfair substitute for market-based options wipeout of farmers’ wealth (“takings”), to the
such as PDR. Because it is perceived to effec- benefit of other residents. Given the controversy
tively reallocate property rights, “substantial down- surrounding substantial downzoning, the limited
zoning” elicits strong proponents and opponents literature on the subject, and its potential effects
in communities where it is being considered or on the relative wealth and welfare of various in-
implemented (Fischel 1985). terest groups, it is important to clarify the politi-
Opponents of substantial downzoning typically cal economy of the issue. Of particular impor-
include a subset of farmers and other owners of a tance are (i) how various interest groups align
substantial parcel of land who believe that the with respect to substantial downzoning, (ii) what
policy will lower the market value of their land. their motivations are, and (iii) the complementar-
The concerns of these opponents appear to be ity of the action to other growth management
tools. Understanding these can help to improve
validated by Vaillancourt and Monty (1985), who
the ability to predict when, where, and how sub-
showed that exclusive agricultural zoning resulted
stantial downzoning would occur, and the ability
in a 15–30 percent reduction in agricultural land
to forecast land consumption and landscape
values, and by Foley (2004), who showed an in-
change. Studies are beginning to recognize that a
verse relationship between minimum lot size and
community’s choice of zoning restrictiveness
price per acre of undeveloped land. Opponents should be treated endogenously in land use analy-
also often include sympathizers who do not see sis (Chressanthis 1986, Pogodzinski and Sass
substantial downzoning as contributing to long- 1994, Wallace 1988, White 1988, Rolleston 1987).
term open space preservation because it results in This study would add to the literature and provide
land use patterns that are not sustainable. Oppo- a framework for endogenizing zoning in land use
nents have also tended to include those who do modeling.
not own developable land in the community, but This paper develops a conceptual public choice
who worry about the lack of affordable housing model designed to explain how proponents and
or limited development opportunities. Their con- opponents influence the elected leadership to im-
cerns appear to be validated by Glaeser and Gy- plement substantial downzoning at the urban
ourko (2003), who argue that zoning and other fringe. It hypothesizes that such downzoning will
land use controls play the dominant role in mak- tend to be implemented when (i) development
ing housing expensive (see also Katz and Rosen pressure is strong, (ii) land values are high and
1977, Pollakowski and Wachter 1977). rising, and (iii) there remains significant open
Proponents of substantial downzoning, how- space to protect; but when (iv) it has become dif-
ever, typically include local residents who believe ficult to preserve using alternative mechanisms.
that it could potentially provide financial, envi- Therefore, substantial downzoning is made nec-
ronmental, amenity, and/or fiscal benefits to them essary by the urgency of encroaching develop-
and/or the community (Fischel 1985, Rudel 1989, ment and the rising cost of acquiring land or de-
Richardson 2003). For example, homeowners velopment rights through market-oriented ap-
may expect increased property values as a result proaches. These hypotheses are tested using New
of the above-mentioned benefits. Gottlieb and Jersey as a case study. For example, the effects of
Adelaja (2004) estimate an average increase in the number and proportion of farmers who vote in
residential property values of 5.8 percent in com- a community on the probability of substantial
munities where substantial downzoning has oc- downzoning imposed by non-farmers is examined
curred. This suggests that non-farmers do realize (Fischel 1985, Furuseth 1985a, Rudel 1989). Also
pecuniary gains from downzoning, while farmers examined is the notion that non-farmers support
may experience losses. downzoning when they are concerned about open
The line between proponents and opponents of space or other fiscal issues related to unfettered
substantial downzoning is not that easy to draw. growth.
Adelaja and Gottlieb The Political Economy of Downzoning 183

New Jersey provides an excellent case study of farmland preservation. Where preservation is a
political issues emerging at the urban-rural fringe, goal of substantial downzoning, these motivations
including the phenomenon of “substantial down- would apply.
zoning.” In the survey of New Jersey municipali- With respect to initiation, although Furuseth
ties conducted in 2003 as part of this study, some (1985a, 1985b) finds that farmers often initiate
86 of the 266 surveyed communities reported rural preservation policies, including downzoning
significant increase in substantial downzoning (see also Daniels 1999), anecdotal evidence sug-
since 1994 (a sharp increase over the pre-1994 gests that most contentious cases of substantial
period). The entire state is contained within fed- downzoning are initiated by non-farmers (preser-
erally defined metropolitan areas, which means vationists, the anti-growth movement, and others
that virtually all agricultural areas are urban-in- interested in conservation). Obviously, farmers
fluenced. While development pressure and land are more likely to initiate preservation when it
values in New Jersey have been unusually high would be in their financial interest. This does not
(Plantinga, Lubowski, and Stavins 2002), the find- appear to be the case in highly urbanized areas
ings from this analysis may be applicable to other where land values are high and substantial down-
parts of the Northeast and the country that are zoning has been contentious because of its ex-
experiencing growth at the edge of large con- traordinary pecuniary impacts.
tiguous areas of development, and where political With respect to how the public aligns around
traditions leave land use regulation largely in the issues such as substantial downzoning, the litera-
hands of local governments. Furthermore, for ture suggests that various interest groups will
these and other parts of the United States where either support or oppose farmland preservation
suburban development is not as extensive as in based on their views about a complex set of so-
New Jersey, the New Jersey case study provides a cioeconomic, environmental, political, and other
glimpse into future land use pressures and possi- factors that vary according to the local context
ble political/policy reactions. (Dye 1996, Hahn 1990, Rudel 1989, Knaap and
Nelson 1992, Kline and Alig 1999, Kline 2006,
Kotchen and Powers 2006). For example, Kline
Conceptual Framework
(2006) suggests that such socioeconomic trends
as population growth, rising incomes, develop-
A distinction must be made between the motiva- ment, and increasing open space scarcity motivate
tions for “substantial downzoning” and the action preservation. Kotchen and Powers (2006) also
itself. These motivations, their determinants, and suggest the importance of existing open space
various other social, economic, environmental, patterns and funding sources slated to pay for pre-
and landscape factors, are expected causes of the servation in motivating preservation. The con-
action itself and of other choices available to a texts found to produce differing motives and out-
community. Obviously, in urban fringe areas where comes in preservation include differences due to
the market value of farmland is significantly (i) urban fringe versus more outlying locations
enhanced by development potential and specula- (Henneberry and Barrows 1990), (ii) type of com-
tion, it is understandable that substantial down- modity or agricultural operation (Adelaja and
zoning would be viewed as a “takings” by owners Friedman 1999, Daniels 1999), (iii) degree of re-
of affected property, while easement purchase liance on land-based speculative returns vis-à-vis
and other market-oriented preservation methods farm income (Adelaja 2004, Barton 1998), and
might not be. This implies that communities view (iv) characteristics and preferences of non-farm
substantial downzoning as an alternative to other resident-voters (Adelaja and Friedman 1999,
preservation tools. Frieden 1979). Given the potential complementar-
In developing a conceptual framework to ex- ity or substitutability of preservation tools and
plain substantial downzoning, it is appropriate to substantial downzoning, for analytical purposes
start with those motivations for preservation, con- these factors are considered to be relevant causes
servation, and growth management that have been and motivations for substantial downzoning.
explored in the literature. The literature, which Extreme urban fringe environments, where land
was pioneered by Gardner (1977), provides an in- values are extremely high and where development
ventory of possible motivations and tools for values constitute the bulk of farmland market
184 October 2009 Agricultural and Resource Economics Review

values, create a political economy context where pressed strong support for it. The literature on
contentious downzoning would more likely occur local growth and anti-growth politics supports
and one where commercial farmers would be this notion by suggesting that communities with a
united against substantial downzoning. These are, high proportion of educated professionals whose
in essence, places that have experienced the pres- livelihood does not depend on local growth or the
sures of urbanization longer and more signifi- exercise of development options would support
cantly and that have therefore evolved more in a anti-growth strategies such as downzoning. That
temporal sense under such pressures. Because of tends to be the case at the urban fringe. The lit-
the correlation between land values, undeveloped erature also suggests that support for anti-growth
land, and time, these places would also tend to strategies is directly related to high socioeco-
have the least amount of open space remaining. nomic status and its attendant environmental con-
Although urbanization creates opportunities for sciousness, and to the strong anti-growth senti-
greater profitability for some farmers, Lopez, ment that follows rapid landscape change in
Adelaja, and Andrews (1988) indicated that the places where wealthy and politically influential
net effect is negative at the level of the overall people reside (Logan and Molotch 1987, Bates
local farm economy. According to Lopez, Ade- and Santerre 1994, Ihlanfeldt 2004, Pogodzinski
laja, and Andrews (1988) and Adelaja, Miller, and Sass 1994). Fischel (1985) posits that such
and Taslim (1998), over time (or as the amount of homeowners have interests in zoning restrictive-
open space remaining falls) urbanization is ex- ness that are diametrically opposed to those of
pected to have a negative impact on current farm farmers, large landowners, and developers. For
profitability, but increases the importance of ex- these reasons, the interests of farmers and non-
pected returns to land so farmers may come to farm homeowners are assumed to be diametri-
rely more on land appreciation for their long-term cally opposed at the extreme urban fringe.
welfare. If large-lot zoning prohibits a set of The incidence of substantial downzoning and
development options, it could reduce the price of its use as a strategy for growth management
farmland, especially in a place such as New Jer- seems to be concentrated at extreme urban fringe
sey where, Plantinga, Lubowski, and Stavins environments. For example, this has been an issue
(2002) report, over 80 percent of farmland values of significant angst among farmers in New Jersey,
are attributable to development potential (see also Maryland, and other highly densely populated
Muth 1971, Wisand and Muth 1972, White 1988, states. In evaluating the motivations for such
and Fischel 1985). It is therefore understandable downzoning, it makes sense to draw on observa-
that farmers would fear the erosion of the value of tions from an environment where substantial down-
their most important economic asset. Although zoning has occurred, alongside environments
the existence of a negative land value effect from where there is no downzoning. Our interest in this
downzoning remains controversial (see, e.g., paper is contentious downzoning. In explaining it,
Henneberry and Barrows 1990, Etgen et al. 2003, it is important to account for the long list of fac-
Samuels 2004, Spalatro and Provencher 2001), it tors that the literature suggests may explain pres-
is sufficient, for present purposes, to note that ervation and downzoning. It is also important to
metropolitan farmers believe that significant down- account for factors that are unique to the conten-
zoning hurts them and seek to avoid the effect of tious urban fringe environment. It also makes
such restrictions on the value of their assets. The sense to integrate these factors into a coherent
growing number of state-level Farm Bureaus framework for conceptual purposes. Therefore, in
adopting resolutions opposing downzoning pro- this paper, the time frame (also a proxy for the
vides evidence that these beliefs are widely depletion of open space) is used in developing a
shared. simplified conceptual framework for examining
The extreme urban fringe environment is also the motivations for substantial downzoning. Fur-
one where non-farm homeowners, conservation- ther below, the framework is expanded via a
ists, and the anti-growth movement would typi- theoretical model of substantial downzoning.
cally unite in favor of substantial downzoning. The temporal framework in Figure 1 helps ex-
For example, non-farm homeowners in those plain the relationship between motivations and
New Jersey communities where such downzoning action (Adelaja 2004). The horizontal axis is ei-
has been contentious have overwhelmingly ex- ther time or the extent to which open space has
Adelaja and Gottlieb The Political Economy of Downzoning 185

Return Speculative Return


Rate [%] [ Ψs ]

Return from
Agriculture [ψα]

Value [$] Easement Value [va]

Preservation Funds
[ra]

T* X*
Time or the Degree of Depletion of Open Space

Figure 1. Preservation of Agricultural Land with Increasing Urbanization

been depleted (both obviously are positively cor- Muth 1972). The shape of the speculative return
related). The long-term adverse effect of the ur- curve (ψS) in the upper panel derives from that of
ban environment on current farm profitability is the easement value curve (va).
depicted by ψa, while the positive effect on unre- Given the perceived negative effects of urbani-
alized “speculative” profits is depicted by ψS. The zation (on open space, air/water recharge, rural
tipping point, where the primary motivation for scenery, property values, and other public and
farming ultimately shifts from reliance on farm private goods), the community may want to pre-
returns to reliance on speculative returns, is de- serve the status quo. To do so at a point like X *,
picted by T * in the lower panel. To the right of it will need to have sufficient political and finan-
T *, farmers rely more on the development value cial resources commensurate with va. However,
of their land, which becomes a key justification since open space and its benefits are public goods,
for remaining in farming. The market value of the public resources available to preserve land (ra)
land (vm) is the sum of the agricultural use value are expected to lag behind the growth of ease-
(vf) and the additional value of the land due to ment values. This “value gap” concept reflects the
development (va). The latter is typically referred notion that va – ra—which is also the proportion
to as the “easement” value, for preservation pur- of open space desired but which cannot be pre-
poses. Given the non-renewable nature of open served using market mechanisms—will become
space and the inelastic demand for land in the larger over time (or as open space is depleted)
development process, va should increase at an in- because preservation is a public good.
creasing rate over time or with the depletion of The “value gap” makes sense in the context of
open space (see Muth 1971, and Wisand and rapidly urbanizing areas where growth in ease-
186 October 2009 Agricultural and Resource Economics Review

ment value typically exceeds growth in what local the perceived optimal zoning level to adequately
taxpayers are willing to spend. One reason is that manage growth and (ii) the current density on un-
residential property value increases do not neces- developed land in the community gets sufficiently
sarily translate into a proportionate increase in large, while alternatives to downzoning do not
property tax revenues available for preservation appear as feasible. The conceptual framework is
since the latter is based on assessed values, which expanded further by developing a theoretical po-
are less flexible than appraised values. Also, litical economy model of substantial downzoning,
property tax rates do not adjust systematically. which operationalizes the diametrically opposed
Furthermore, affluent or not, local voters tend to interests of farmers and non-farm homeowners
base the amount of local services they are willing based on the influence of different interest groups
to buy on their incomes—not on their property on political or regulatory outcomes (see Peltzman
values. Based on the concept depicted in Figure 1976, Hahn 1990, and Campos 1987).
1, it is hypothesized that the larger the value gap,
the greater the desire of the public to supplement A Theoretical Model of “Substantial
existing tools such as local open space taxes with Downzoning”
a drastic regulatory strategy like substantial down-
zoning. Please note that Figure 1 makes implicit Two competing interest groups are assumed: (i)
assumptions about the shapes of the speculative the farm community, who along with nonresident
and agricultural returns and assumes that the developers may be hurt by substantial downzon-
value of development rights is related to the value ing, and (ii) homeowners, other conservationists,
of land in development (speculative returns). and anti-growth advocates who comprise the ma-
Clearly, environments described by the zone to jority of non-farm residents who vote. The oppos-
the right of X * in Figure 1 would create the at- ing interests of these groups must be balanced by
mosphere of intense political conflict that usually the government (Fischel 1985).
accompanies substantial downzoning proposals. Let φ be a zoning adjustment parameter that
High and rising land values will worsen the gap reflects the gap between (i) the desired zoning
between the market price of desired development density (φ+ ), defined as the optimal weighted-
easements and the ability of the local community average minimum lot size on undeveloped land
to raise preservation funds through taxes, thereby that is perceived by policymakers to achieve the
increasing the likelihood of substantial down- community’s growth management and preserva-
zoning. Unfortunately, the gap between perceived tion goals, and (ii) current zoning (φ* ), defined as
optimal zoning and current zoning is unobserv- current weighted-average minimum lot size on
able or unmeasurable in real life, but is reflected the undeveloped land in the community. That is,
in the politician’s decision to pursue substantial φ = φ+ – φ*. Note that φ+ is greater than φ* in an
downzoning. increasingly urbanizing area due to the view by
Based on the above, it is hypothesized that at a local officials that larger lot sizes will slow down
single point in time, at the urban fringe, differ- growth. Define α = 0 when φ = 0 and the decision
ences would exist in the motivation and propen- maker perceives that there is no need to substan-
sity to engage in substantial downzoning that are tially downzone. Further define α = 1 when φ is
driven by variations in development pressure, sufficiently large enough to warrant substantial
land values, fiscal stress, remaining undeveloped downzoning (the decision maker perceives that
open space, farm profitability, relative farm/non- the value of φ+ – φ* justifies taking the political
farm political clout, and other factors. It is also risk to significantly downzone). Although these
hypothesized that a community has the choice of extremes are chosen to illustrate the dichotomy
whether to purchase open space, as in PDR or between significant downzoning and the status
transfer of development rights (TDR) programs, quo, they clearly demonstrate the nature and com-
or to “take” it, as with substantial downzoning, plexity of the choice faced by the political deci-
depending on the feasibilities of these alterna- sion maker.
tives. It is further hypothesized that proponents of The farmer-landowner community believes that
substantial downzoning push for this option when α = 0, desires a low level of α, and wants the
va (see Figure 1) is high and (i) the gap between politician to share his or her belief. To the farmer-
Adelaja and Gottlieb The Political Economy of Downzoning 187

landowner, a relatively large value of α is a threat for the politician if α = 0; and g is the probability
that could lead to a “takings,” which will reduce that the average non-farm household will vote for
his or her development potential and future capi- the politician if α = 1. Thus, c and g are vote
tal gains on land. On the other hand, homeowners probabilities based on “all other” factors, which is
and other proponents believe that α = 1 and want what remains if the politician eliminates lot size
the politicians to take their side. This is especially as an issue by selecting either group’s optimal
so in the absence of the willingness or ability to choice (α = 0 for farmers, α = 1 for non-farmers).
meet the farmer in the marketplace (through PDR, With c and g as intercepts in the vote probabil-
for example). Subject to a set of conditions and ity functions, contextual and preference factors x
preference factors, homeowners will lobby the and z enter as arguments to non-negative slope
governing body for α = 1, while farmer-landown- functions d (x) and h (z) that reduce each house-
ers will lobby for α = 0. The political decision hold’s utility as a result of choices of α that are
maker must endogenously consider the optimal less than optimal for each household type. In the
level of α, the level that maximizes his or her own context of a strictly theoretical model, one may
utility (0 or 1). The utility-maximizing behavior assume that d (x) and h (z) are scaled so that the
of this decision maker is expressed below. resulting probabilities П can never be negative.
Equations (2) and (3) define the members of
Elected Officials’ Choice of α groups F and N such that Π αf < 0 and Π αn > 0 .
Following Fischel (1985), we assume diminishing
The government, which comprises elected repre- marginal utility for additional increments of zon-
sentatives of the people, both farm and non-farm, ing restrictiveness/lack of restrictiveness. This is
behaves rationally in the sense that it decides only the reason for the positive exponent γ in equa-
on such measures as it believes would raise its tions (2) and (3). It can be shown, consistent with
electoral prospects (see Hahn 1990). The utility this assumption, that Π αα f
< 0 and Π αα
n
< 0 . For
function of the government may thus be regarded any element x in vector x that increases the inten-
the same as the expected total vote function: sity of farmers’ existing zoning preferences with
(1) u G = V = F Π f (x, α) + N Π n (z, α) , α fixed, Π xf < 0 . The essential amplification role
played by any element of x means that Π αf x < 0.
where F is the voting population of farm house- A reasonable behavioral assumption about dimin-
holds, N is the voting population of non-farm ishing marginal effects within function g (x)
households, f and n are superscripts for farmers suggests that Π xxf > 0 . The partial derivatives for
and non-farmers, П i is the probability that the non-farm households may be found by analogy:
average i th group household will vote for the Π nz > 0 , Π nzz < 0 , and Π αn z > 0 .
government, i = f, n, x is a vector of preference Returning to equation (1), the first-order condi-
factors or other local conditions that affect П f tion for maximizing total votes is
(conditional on α), and z is a vector of preference
and other factors that affect П n, conditional on α. dV ∂Π f ∂Π n
Equation (1) suggests that a stakeholder’s support (4) =F +N =0.
dα ∂α ∂α
for a candidate will depend on that candidate’s
implementation of policies favorable to his or her In order for equation (4) to define a maximum,
interest. the second-order condition must hold:
The following household vote probability func-
tions capture voting preferences related to zoning d 2V
(5) = F Π αα
f
+ N Π αα
n
.
restrictiveness as well as other factors: d α2

(2) Π f ( x, α ) = c − d ( x ) α γ Given the assumptions, this expression is nega-


tive such that the condition in equation (4) unam-
(3) Π n (x, α) = g − h(z )(1 − α) γ , biguously defines a maximum. Although the choice
variable is restricted to the range 0 to 1, there can
where γ > 1; c, g, d (x), h (z) > 0; c is the prob- be no corner solution to the vote-maximization
ability that the average farm household will vote problem as long as the community contains at
188 October 2009 Agricultural and Resource Economics Review

least one farmer and one non-farmer—thus justi- the most part, farmland. When farmers do exist,
fying our use of the first-order condition in equa- the logic above suggests that even solutions that
tion (4). This is proven next. meet the first-order condition can be extremely
The condition in equation (5) shows that the close to the constraints on α—an “almost” corner
expected vote function is strictly concave. To solution. Given our sample of communities that
demonstrate that the optimum will occur away mostly contain farmers, using a Lagrangean to
from the constraints in the domain, at a place account for these four cases would complicate the
where condition (4) holds, it is therefore suffi- model without adding explanatory value. In sam-
cient to show that the expected vote function has ples where one or the other interest group is com-
a positive slope in the immediate vicinity of α = 0 pletely missing, the possibility of a corner solu-
and a negative slope in the immediate vicinity of tion must obviously be taken more seriously.
α =1. Let ε be an infinitesimally small increment. The optimal level of α (α*) selected by elected
Then, for the left-hand side of the restricted do- officials to maximize votes can be defined as a
main, this condition is equivalent to saying that function of the exogenous variables. To accom-
V (α = 0) < V (α = ε). For the right-hand side of plish this, totally differentiate equation (4):
the restricted domain, it is equivalent to saying
that V (α = 1– ε) > V (α = 1). k

Now, consider first the right-hand-side con- (8) dVα = Π αf dF + φd α + F (∑ Π αf xi dxi )


i =1
straint, which is probably the more important one m
in the context of non-farm majorities. The condi- + N (∑ Π αn zi dz i ) + Π αn dN ,
tion for a negative slope in the vicinity of α =1 i =1

may be expressed using the full specification of V


in equation (1) and substituting the vote prob- where φ = F Π αα
f
+ N Π αα
n
< 0 and k and m are the
abilities in equations (2) and (3): number of exogenous variables in x and z respec-
tively. Examining changes in one variable at a
(6) F [c − d (1 − ε) γ ] + N ( g − hε γ ) > F (c − d ) + Ng . time, one obtains from equation (8) the following:

The arguments to functions d and h are omitted dα * Πf


(9) = − α < 0,
for legibility. This inequality simplifies to dF φ

εγ dα * Πn
(7) Fd / Nh > . (10) = − α > 0,
1 − (1 − ε) γ dN φ

Because F Π αx i f
dα *
(11) =− < 0,
dx i
φ
εγ
lim =0
ε→ 0 1 − (1 − ε) γ
dα * N Π αz i n

(12) =− > 0.
and Fd /Nh is always positive when there is at dz i
φ
least one farmer, and cannot be infinitesimally
small, there will always be a value of ε for which The signs on equations (9) and (10) confirm the
the inequality holds. A similar proof, not shown basic political intuition that the higher the ratio of
here, exists for α in the vicinity of 0. homeowners to farmers in the community, the
If there are no farmers, then Fd /Nh = 0 and a greater the likelihood of substantial downzoning.
corner solution will occur, reflecting the intuition Furthermore, an increase in any exogenous vari-
that there is no political downside to adopting the able xi reduces the vote-maximizing level of α*
non-farmers’ zoning program. The complete ab- chosen by the politician, while an increase in any
sence of farmers is unlikely in communities ac- exogenous variable zi increases the vote-maxi-
tively considering substantial downzoning, which mizing level of α*. Note that vectors x and z
makes sense only for land that is developable: for could conceivably share a common element, in
Adelaja and Gottlieb The Political Economy of Downzoning 189

which case the total effect of that factor on α* mum lot size on agricultural land varies widely by
will be the sum of the expressions in (11) and community. At one extreme are communities that
(12), with the sign of the combined expression already maintain low minimum lot size restric-
determined by the number of farmers and non- tions. At the other extreme are communities that
farmers, and by the nature of functions d (x) and maintain large minimum lot size restrictions.
h (z). What might be considered a significant enough
Minimum average lot size of undeveloped land downzoning for a community depends on the cur-
in a community at a single point in time is diffi- rent minimum lot size. Therefore, a decision had
cult to observe and requires detailed map work to be arbitrarily made about the level of down-
and the examination of ordinances for particular zoning that was significant enough to be consi-
zones. Because the process of urbanization in dered a major change in municipal policy.
New Jersey’s communities is uni-directional, the The authors sought the input of a number of
typical rezoning case is one in which farmers are farmers and planners actively involved in contro-
slowly replaced by non-farmers, with the result versial downzoning incidents regarding the level
that the pre-existing zoning regime, which satis- of downzoning that was significant enough to
fied equation (1), is no longer optimal from the constitute substantial downzoning. Given the varia-
politician’s point of view. Thus any empirical tions in minimum lot size prior to zoning change,
study of substantial downzoning is actually a this standardization allowed the construction of
study of the politics of re-equilibrating zoning the substantial downzoning variable.
regulations so that they accord with equation (1), An increase in minimum lot size of at least 50
effectively “catching up” to the community’s percent, at least 1 acre, and extending over at
changed demography and political preferences. least 1 percent or more of a municipality’s land
When land prices rise rapidly, the “value gap area was considered to be significant enough to
hypothesis” helps explain the choice of down- constitute “substantial” downzoning. While this
zoning over less controversial growth manage- combination appears somewhat arbitrary, anec-
ment tools. Elements of the x and z vectors are dotally it mirrors the communities that experi-
anticipated by the two opposing groups and help enced significant angst among various interest
explain the levels of enthusiasm (or anger) groups involved in the downzoning process. To
captured in the vote probability functions (2) and obtain primary municipal-level data on the sub-
(3). The outcome variable is substantial down- stantial downzoning variable and other causal
zoning (yes or no), a variable which can be col- factors, the authors conducted the New Jersey
lected at the municipal level if one can determine Municipal Zoning Survey (NJMZS) in the spring
the difference between downzoning that is typical of 2004. It was administered to the 278 municipal
for a community and substantial downzoning, governments in the state that reported the pres-
which is more controversial. ence of agricultural activity and that were located
outside of fully urbanized areas. Appropriate rep-
Data and Estimation resentatives of the 278 municipalities (mostly
zoning and planning officials) were surveyed by
The zoning adjustment parameter, α, was treated telephone, 266 of whom provided full responses
above as a continuous variable. However, in real to our survey questions (a response rate of 96 per-
life, α is observable only as a binary choice vari- cent). Respondents were asked whether they had
able. In the case of New Jersey, communities rou- passed a downzoning ordinance that significantly
tinely adjusted their zoning over time. However, increased minimum lot sizes in the undeveloped
these zoning adjustments became quite substan- portion of the community at any time since 1995.
tial and controversial after 1995 when a favorable (The year 1995 was the time frame that experts
New Jersey Supreme Court ruling in Kirby v. have indicated they began to notice a sharp up-
Bedminster appeared to make municipalities bolder swing in the practice of downzoning.) None dis-
in their use of the downzoning tool. Communities agreed with the definition of “substantial down-
typically change their zoning as part of a master zoning” conveyed to them.
plan update, which involves more than mere Survey respondents, who were generally zon-
tinkering. Also, in New Jersey the typical mini- ing administrators, answered yes or no to the sub-
190 October 2009 Agricultural and Resource Economics Review

stantial downzoning question based on the defi- community or the inverse of the strength of the
nition we provided. When the answer was yes, anti-growth movement. This may explain why in
they provided the date of the substantial down- many communities, substantial downzoning es-
zoning and the lot sizes before and after, when sentially degenerates into a conflict between farm-
such information was available. Most communi- ers, who typically own the vast majority of farm-
ties that identified themselves as experiencing land in their community, and the non-farm public,
substantial downzoning exceeded the tripartite which will typically be led by environmentalists
thresholds easily. The overwhelming majority of and other anti-growth activists.
communities had actually downzoned to levels This simplifying assumption implies that farm-
above 20 acres. ers are essentially the opposition and their
Information was also obtained about minimum strength is inverse to that of the proponents.
residential lot sizes before and after any signifi- Therefore, farmers as a percentage of all occupa-
cant downzoning. When municipalities provided tions in a community in 1990 (%FARMERS) was
this information, it was often in the form of mul- used as a proxy for the voter head count variable.
tiple lot sizes for different zoning classifications. The fact that the places where substantial down-
Therefore, the decision to downzone was evalu- zoning occurred tended to be those places where
ated via a dichotomous variable: yes = 1 and no = the farm population was minimal or where it had
0. Independent variables had to be constructed significantly declined, lends credence to our choice
from data available from a number of sources, of %FARMERS. %FARMERS is expected to have a
based on guidance provided by our theoretical negative impact on the probability of substantial
framework and some past studies. The proxies downzoning, other things equal. %NON-FARMERS
used for the independent variables are shown in is not included, of course, because of its perfect
Table 1, along with the mean values for each. collinearity with %FARMERS. Equations (9) and
Given the absence of data directly reflecting (10) suggest that %FARMERS should be used as
the strength of the “anti-growth” lobby (a clear an interaction term with various contextual or
unobservable), the best available proxy (relative preference factors. However, experiments with
strength) was used. Following Gottlieb and Ade- such interaction terms did not produce significant
laja (2004), who showed that non-farmers benefit results and were not included in the results
from substantial downzoning through enhanced section.
property values (amenity benefits argument), a Farmers’ preference variables (x) include aver-
simplifying assumption was made that non-farm- age farm size (FARMSIZE) and percentage change
ers will lobby for substantial downzoning. Given in the value of vacant land (∆VACANTVAL). It is
the cross-sectional nature of the data, one would hypothesized that the larger the farm size, the
expect a continuum from a high relative strength higher the cost of downzoning to the farm public
of the non-farm community to a high relative and the higher the degree of opposition by
strength of the farm community. So, the anti- farmers. With respect to ∆VACANTVAL, which is
growth movement is simply defined to include all defined as change in the value of all undeveloped
non-farm residents. This is consistent with Ade- land other than farmland and associated wood-
laja and Friedman’s (1999) work on the right-to- lands, this variable should reflect greater cost of
farm issue, which proxied the political strength of downzoning to the farmer. In other words, the
the farm community by the farmers’ share of the value of undeveloped land reflects the develop-
total population. Like the anti-growth movement, ment value of farmland, which when compared
the rest of the non-farm community is assumed to with the agricultural value reflects the easement
have a vested interest in substantial downzoning. value. Therefore, it is hypothesized that the prob-
We acknowledge the fact that non-farmers may ability of the farmer voting against substantial
be neutral and may not lobby for downzoning. downzoning would increase with ∆VACANTVAL,
However, there is no reason to believe that the leading to a reduced likelihood that substantial
percentage of the non-farm public that is neutral downzoning would pass.
will systematically vary across jurisdiction. There- A number of intensity of preference variables
fore, the relative size of the farm community was (z) are specified for non-farmers. Given the stated
chosen as a proxy for the strength of the farm inequality in equation (10), per-capita income
Table 1. Means and Descriptions of Independent Variables
Subst. Downzoning = 0 Subst. Downzoning = 1
Predicted Effect
Variable Acronym [see equations (7)–(9)] N Mean N Mean
VOTER HEAD-COUNT VARIABLES
Adelaja and Gottlieb

Farmers as % of all occupations in 1990 (F) %FARMER dα*/dF < 0 180 1.83 86 2.21
Non-farmers as % of all occupations in 1990 (N) [= 100% minus previous var]
VARIABLES IN THE X VECTOR (FARMER PREFERENCE INTENSITY)
Stake in land value effects
Average farm size in 1992 FARMSIZE dα*/dx < 0 180 302.17 86 302.17
Percentage change in average valuation of vacant land, 1980–1990 ∆VACANTVAL dα*/dx < 0 180 200.79 86 270.05
VARIABLES IN THE Z VECTOR (HOMEOWNER PREFERENCE INTENSITY)
Growth, urgency, environmental resources to protect
Open land as % total buildable acreage 1995 OPENSPACE dα*/dz > 0 180 46.98 86 68.52
(Open land %)^2 OPENSPACE2 dα*/dz < 0 180 3049.15 86 5039.08
Woods and wetlands as % of undeveloped land in 1995 WETWOOD dα*/dz > 0 180 72.55 86 64.46
Percentage change in county population, 1990–1997 ∆POP dα*/dz > 0 180 5.95 86 8.02
Percentage of open, developable land in 1986 that had been developed by 1995 %DEVELOPED dα*/dz > 0 180 13.40 86 7.90
Percentage change in per parcel valuation of vacant land, 1980–1990 ∆VACANTVAL dα*/dz > 0 180 200.79 86 270.05
Percentage change in per parcel valuation of residential land, 1980–1990 ∆RESIDVAL dα*/dz > 0 180 176.47 86 176.38
Preferences of the non-farm majority INCOME dα*/dz > 0 180 19788.81 86 21902.12
Per capita personal income in 1989 OWNEROC dα*/dz > 0 180 77.44 86 82.23
Percent residents who were owner-occupiers in 1990 DEMOCRAT dα*/dz > 0 180 29.09 86 17.80
Percentage of municipal governing body Democrat in 1994 TAX dα*/dz > 0 180 2.24 86 2.08
Equalized property tax rate in 1995 WCOLLAR dα*/dz > 0 180 0.29 86 0.31
Managers and professionals as fraction of residents with occupations in 1990 DEBT dα*/dz > 0 180 43.54 86 40.04
Per-capita public debt in 1990 SENIOR dα*/dz > 0 180 12.78 86 10.82
Percentage of residents over 65 years of age in 1990 INCOME dα*/dz > 0 180 19788.81 86 21902.12
EXISTENCE OF OTHER PRESERVATION PROGRAMS OWNEROC dα*/dz > 0 180 77.44 86 82.23
Right to farm law (0 = none, 1 = weak, 2 = strong) RTFTYPE [ > 0] 180 0.30 86 0.69
Acres of farmland preserved or pending, 1994 PRESACRES [ > 0] 180 66.77 86 192.37
Open space tax (0 = none, 1 = some) OPENTAX [ > 0] 180 0.47 86 0.78
Sources: Occupational counts, housing tenure, age, and income are from the U.S. Decennial Census. Farm size and PDR acres are from reports of the New Jersey Department of Agriculture.
Right-to-farm data are from Adelaja and Friedman (1999). Data for 1986 and 1995 land cover are from the New Jersey Office of Smartgrowth. Data on municipal budgets, land value, and
political parties are from New Jersey Legislative district data books and from the New Jersey Department of Community Affairs. Open space tax data is from Schilling, Marxen, and Onyango
(2004).
The Political Economy of Downzoning 191
192 October 2009 Agricultural and Resource Economics Review

(INCOME) is expected to have a positive impact to protect and therefore limited interest in sub-
on the probability of substantial downzoning, re- stantial downzoning. Furthermore, communities
flecting the notion that preservation of rural char- with more open space may have more anti-growth
acter and other environmental amenities is a lux- advocates that lobby for substantial downzoning,
ury good (Baldassare 1981). as such people are likely to reside in areas with
The proportion of residents who hold white more open space. Therefore, a positive coefficient
collar (managerial and professional) jobs (WCOL- is anticipated for open space as a proportion of
LAR) is expected to increase the probability of the community’s total land area in 1995 (OPEN-
substantial downzoning because of the political SPACE). A squared term for this variable (OPEN-
skills required to mobilize an anti-growth coali- SPACE2) is included to account for the following
tion (Logan 1976, Protash and Baldassare 1983). possibilities: (i) when there is a great deal of open
This variable has the same predicted sign as space, it is not viewed as being at risk and so the
median household income, and is understandably decision might be to do nothing; (ii) when there is
correlated with it. Finally, the higher the percent- very little open space left, preserving it may be
age of voters who are owner-occupiers (OWNER- regarded as a lost cause; and (iii) between these
OC), the larger the number of non-farmers with a two extremes, homeowners are more likely to
housing asset they wish to protect using the decide to take action.
substantial downzoning tool. The hypothesized ∆VACANTVAL is included as a farmers’ prefer-
sign on this variable is positive. ence variable to reflect the conflict between farm-
The percentage of the governing body that ers and non-farmers. It was hypothesized that
belongs to the Democratic Party (DEMOCRAT) is increased ∆VACANTVAL leads to greater opposi-
hypothesized to increase with the probability of tion to substantial downzoning by farmers. How-
substantial downzoning, suggesting that Demo- ever, increased ∆VACANTVAL could reflect higher
crats will be less hampered than Republicans by a potential benefit from substantial downzoning to
property rights ideology, will value the environ- the non-farm public, and therefore greater advo-
ment more heavily than concerns about regulatory cacy by non-farmers for substantial downzoning.
“takings,” and are more likely to support the non- The net effect of this struggle itself reflects rela-
farm majority. Therefore, DEMOCRAT is classi- tive political clout. If it is negative, then farmers
fied under the z vector. The use of this variable are either more sensitive to or are better moti-
assumes considerable stability in party control, vated by this variable.
since the substantial downzoning could have oc- The variables ∆POP, %DEVELOPED, ∆VACANT-
curred any time between 1995 and 2004. VAL, and ∆RESIDVAL all represent different as-
Variables related to municipal fiscal stress pects of growth pressure and urgency. ∆POP,
could affect the selection of substantial down- which measures population growth in the county
zoning over other tools. Such variables selected in which the municipality sits, captures whether
include the equalized tax rate in 1995 (TAX) and or not communities substantially downzone in
per capita debt burden in 1990 (DEBT). Both response to population growth outside their own
variables should therefore be positively related to borders. ∆VACANTVAL has been previously dis-
the choice of substantial downzoning. Senior citi- cussed. ∆RESIDVAL, which is the average price of
zens are expected to be more conservative when residential parcels, should have an effect similar
it comes to fiscal matters, so the proportion of to that of ∆VACANTVAL as it reflects development
residents over 65 (SENIOR) is also included as a value of farmland. Following the logic in Fig-
fiscal stress factor, with the expectation of a posi- ure 1, the hypothesized sign of ∆RESIDVAL is
tive relationship. positive.
The final set of variables in the z vector meas- %DEVELOPED captures the psychological effect
ure urgency and environmental resources at risk. of rapid open space loss on non-farm residents.
These variables are hypothesized to motivate the Its hypothesized sign is positive. It is essentially a
non-farm majority to act. One would expect the dynamic version of OPENSPACE. The percentage
hypothesized coefficients of these variables to be of woodlands and wetlands (WETWOOD) is in-
positive. tended to capture environmental motivations that
If most of the community’s open space is al- differ from other growth control motivations (as
ready gone, one might expect there is nothing left in Adelaja and Friedman 1999).
Adelaja and Gottlieb The Political Economy of Downzoning 193

Three variables describe alternative preserva- ervation tools are substitutes sounds a bit arcane
tion programs in each municipality. RTFTYPE for environmentalists and other activists mount-
captures the existing agricultural nuisance pro- ing a full-court press against growth. The matter
tection mechanisms in place. The variable is of funds available for outright acquisition, a logi-
specified to have three levels: 0 for no right-to- cal determinant of why one policy might be sub-
farm law, 1 for a weak right-to-farm law, and 2 stituted for the other, is modeled using separate
for a strong right-to-farm law at the local level variables such as debt and taxes. For these rea-
(Adelaja and Friedman 1999). Data available on sons, we hypothesize that alternative preservation
two types of open space acquisition programs programs are complements to substantial down-
were used to construct related variables: (i) acres zoning, to the extent that non-farmers dominate
enrolled in the state’s purchase of development the political process. This hypothesis is indicated
rights program (PRESACRES), and (ii) the exis- in Table 1 in brackets because it is a complex
tence of a local open space tax (OPENTAX). aggregate that captures preferences, clouts, and
Alternative preservation programs could be the sizes of the two opposing groups.
complements or substitutes for substantial down- One potential approach is to estimate a nested
zoning. Because farmers tend to support these logit model, with one set of covariates determin-
programs, their presence in the community could ing the choice to mount any preservation effort,
reflect unmeasured political clout of farmers. and a second set determining the choice to sub-
Such existence would be expected to decrease the stantially downzone. This was not feasible, for
likelihood of substantial downzoning, suggesting three reasons: (i) the four preservation tools on
that these programs are substitutes for it. Simi- which data is available do not represent a com-
larly, non-farmers may regard alternative growth prehensive list of all such tools, (ii) the tools are
management policies as substitutes (they bring not disjoint, and (iii) anecdotal evidence suggests
about the same outcome, and so not all are huge variations across communities in the timing
needed). Alternatively, prior existence of these between the decision to do something and when
alternative programs may mollify farmers to some the appropriate tool is chosen. Instead, the fol-
extent, meaning that they will be more likely to lowing two-stage approach is used in estimating
accept substantial downzoning. This latter inter- the model. First, a set of logit models of the prob-
pretation, which implies complementarity, is most ability of downzoning is estimated, with both so-
likely in the case of PRESACRES. The reason is cioeconomic variables and alternative tools as co-
that substantial downzoning should be a less sig- variates (this addresses the complement/substitute
nificant issue for farmers who have already sold question). Second, the alternative preservation
their development rights. Similarly, municipali- tools are omitted from among the covariates in a
ties that choose one growth management tool may model of the probability of the use of any of the
be more likely to also choose others (comple- three local growth management tools, using only
mentarity), reflecting particularly aggressive pres- socioeconomic, preference, and contextual factors
ervation motives on the part of the non-farm as regressors.
majority. The first set of logit models, which relate to the
Figure 1 tells a story of complementarity: when probability of substantial downzoning, were speci-
preservation needs become urgent, the non-farm fied as follows:
majority turns to substantial downzoning to make
up the gap in its acquisition program if the “value P ( DOWNZONE yes )
gap” is significant. Having observed the debates (13) log = ∑ k bk rk + ε ,
1 − P ( DOWNZONE yes )
surrounding downzoning conflicts, the authors
strongly suspect that farmers are not mollified by
right-to-farm ordinances or PDR programs to the where P(DOWNZONEyes) is the probability that a
point where they are willing to accede to sub- municipality has substantially downzoned, Σkbkrk
stantial downzoning. Many farmers regard this is a linear combination of k regressors and coeffi-
action as the “taking” of a fundamental right, and cients, and ε is an independent and normally dis-
tend to oppose it even if it does not affect them tributed random error term with a mean of zero
personally. In addition, the idea that various pres- and a constant variance.
194 October 2009 Agricultural and Resource Economics Review

Empirical Results mechanisms while they still have sufficient clout


was discussed by Adelaja and Friedman (1999).
Table 2 presents the estimated coefficients and Such advance approaches might also be appro-
standard errors for the three full models of the priate in the case of substantial downzoning.
probability that New Jersey communities adopted Recall that both ∆VACANTVAL and ∆RESIDVAL
substantial downzoning between 1995 and 2004. somewhat reflect the opportunity cost of farmland
The marginal effect of each causal variable on the in development (development value). The differ-
probability of substantial downzoning over one ence between the development value and the ag-
standard deviation of each covariate is also in- ricultural value of farmland is the easement value.
cluded. The first specification contains all of the Recall also that the easement value minus the
covariates, the second is the result of a stepwise funding available for farmland preservation is the
procedure, and the third, marked “preferred,” is value gap. Therefore, holding the agricultural
essentially the full model minus a small number value and farmland preservation funding avail-
of covariates regarded as collinear/redundant. A able constant, both ∆VACANTVAL and ∆RESIDVAL
specific example of the difference between the should reflect a value-gap increase. The signifi-
full and preferred specification is the dropping of cant and positive coefficient of ∆VACANTVAL
FARMSIZE. As a marker for rural character, supports the value-gap hypothesis. However, the
FARMSIZE can be expected to exhibit a three-way insignificance of the coefficient of ∆RESIDVAL
collinearity with OPENSPACE and %FARMER, po- (the residential equivalent of ∆VACANTVAL) sug-
tentially masking the impact of those two im- gests that land affordability, not housing afforda-
portant variables. The results section is based on bility, drives the choice to substantially down-
the findings of the “preferred” model. zone. ∆RESIDVAL is likely more affected by hous-
All of the statistically significant coefficients ing demand and supply, while ∆VACANTVAL is
have the expected signs. OPENSPACE has a posi- likely more affected by land supply and demand.
tive coefficient, as well as the largest measured The latter is more relevant to the hypothesis of
impact on the probability of substantial down- substantial downzoning. Interestingly, while the
zoning. This confirms two possible hypotheses: cost of land acquisition is found to drive the choice
(i) communities tend to act when there is some- to downzone, fiscal capacity variables (DEBT,
thing significant to protect, and (ii) communities TAX) are not found to be significant drivers.
with more open space are more likely to have a The coefficients of OPENTAX and RTFTYPE
stronger anti-growth movement that lobbies for variables are positive and significant at the 10
substantial downzoning because people with such percent level, suggesting that the non-farm ma-
preferences are likely to reside in areas with more jority uses the many preservation tools as com-
open space. Although it was significant and nega- plements. As Figure 1 suggests, the non-farm
tive in the stepwise model, OPENSPACE2 was majority is not anti-farmer, but pro-open–space.
dropped in the final model to reduce collinearity. They do not actively prefer downzoning to such
The coefficient of %FARMER was negative, as farmer-friendly tools as right-to-farm and open
expected, and supports the farmer political clout space acquisition. Taken together, the results ap-
argument. The incidence of substantial down- pear to suggest that they use substantial down-
zoning is therefore expected to grow as the zoning as a supplementary tool when prices move
number of farmer-dominated places dwindles, out of reach and the urgency of the situation
leading to declines in farmers’ political clout. leaves them with fewer alternatives. As suggested
This is consistent with Adelaja and Friedman above, with the open space tax variable, these
(1999), who predict a systematic weakening of results may also reflect the fact that the anti-
protective mechanisms for farming. The positive growth movement self-select to live in such com-
coefficient of OPENSPACE combined with the munities where the propensity to fund farmland
negative coefficient on %FARMER suggests that preservation through open space taxes is higher.
those communities with extensive farmland base The significant and positive coefficient of ∆POP
but declining farm population are particularly reflects the positive influence of growth pressure
vulnerable. The possibility of the farm com- in the larger region on the local prospects for sub-
munity implementing strong advance protective stantial downzoning.
Adelaja and Gottlieb The Political Economy of Downzoning 195

Table 2. Results of Logit Model of Probability That Municipality Will Have “Substantially
Downzoned” Since 1995
FULL SPECIFICATION STEPWISE SPECIFICATION PREFERRED SPECIFICATION

Observations 266 266 266


-2 LOG L 241.621 252.4 246.592
Estimate Change in Estimate Change in Estimate Change in
Parameter (s.e.) Probability (s.e.) Probability (s.e.) Probability
INTERCEPT -6.029** -7.1735** -2.9651
(2.9356) (1.2818) (2.3462)
%FARMER -0.1509 -5.2 -0.2908** -10.9
(0.1345) (0.1235)
FARMSIZE 0.00111 5.3 0.00136** 6.5
(0.000775) (0.000682)
INCOME -0.00002 -2.7 -0.00001 -1.5
(0.000039) (0.000029)
WCOLLAR 0.5614 0.8
(3.9694)
RTFTYPE 0.4026* 5.2 0.4402* 6.3
(0.2415) (0.2397)
OWNEROC 0.00727 1.6 0.00801 1.9
(0.0168) (0.0163)
OPENSPACE 0.1258** 60.8 0.1607** 78.2 0.0366** 19.3
(0.052) (0.0449) (0.0122)
OPENSPACE2 -0.00087 -43.8 -0.00118** -59.8
(0.000454) (0.000382)
WETWOOD -0.0031 -1.1 -0.0128 -4.8
(0.0111) (0.00995)
PRESACRES 0.00022 1.4 0.000235 1.6
(0.000496) (0.000506)
OPENTAX 0.7438* 6.4 1.0758** 9.3 0.7927* 7.4
(0.4254) (0.3417) (0.397)
DEMOCRAT -0.00144 -0.8 -0.00103 -0.6
(0.00618) (0.00597)
TAX -0.3242 -2.2 -0.3629 -2.7
(0.5268) (0.5194)
DEBT 0.00547 3.8 0.0063 4.8
(0.00532) (0.005)
SENIOR -0.043 -3.7 -0.0447 -4.2
(0.0353) (0.0346)
%DEVELOPED -0.00562 -1.3 -0.0151 -3.9
(0.0317) (0.0266)
∆POP 0.084* 5.6 0.0927* 6.8
(0.0508) (0.0487)
∆VACANTVAL 0.00272** 7.1 0.00332** 8.7 0.00274** 7.8
(0.00119) (0.00109) (0.00119)
∆RESIDVAL 0.00275 1.8 0.0018 1.3
(0.00477) (0.00477)
Note: ** is significant at the 5 percent level. * is significant at the 10 percent level.
196 October 2009 Agricultural and Resource Economics Review

As shown in Table 2, the large list of political VAL). This stands to reason when one considers
(e.g., DEMOCRAT), socioeconomic (e.g., INCOME, the fact that substantial downzoning can lead to
WCOLLAR, and OWNEROC), and other preference politically bruising battles, even if the outcome of
factors (e.g., ∆RESIDVAL) are generally not signi- those battles is pre-ordained by majority rule. The
ficant. As mentioned above, these variables may contentiousness of substantial downzoning is one
be insignificant because of the presence of alter- of the things that make it a last resort, to be used
native preservation programs among the covari- when conditions are urgent. An intriguing finding
ates (Table 2 effectively models the choice of presented in Table 3 is that communities with
downzoning conditional on the existence of a set more farmers are less likely to adopt preservation
of tools that have similar motivations and objec- tools in the aggregate. This is a sharp contrast to
tives). As part of our second stage analysis, we Furuseth (1985a, 1985b), who found that com-
specified the presence of “any preservation pro- munities with more farmers are more likely to
gram” as the dependent variable and eliminated adopt preservation. We explain the difference
the alternative growth management programs as based on the urban fringe focus of the present
independent variables (Logan 1976, Baldassare study.
1981, Protash and Baldassare 1983, Kline and The finding that WETWOOD is inversely related
Wichelns 1994). Two models that omit alterna- to the probability of downzoning or adopting any
tive growth management tools as regressors are preservation tool suggests that none of the poli-
therefore estimated, and the results are presented cies are seen as remedies to concerns about these
in Table 3. environmental amenities. The fact that the WET-
Model 1 in Table 3 shows the probability of WOOD variable inversely measures the percentage
substantial downzoning as a function of prefer- of farmland that is arable suggests, however, that
ence factors, but not of alternative tools. Model 2 this variable may in fact bring urgency in through
contains the same regressors, but it models the the back door, since agricultural land is more
probability that a town will select either down- suited to housing developments than to steep
zoning, open space tax, or a right-to-farm ordi- wooded slopes or wetlands.
nance. The models in Table 3 allow a focus on
the decision to “do anything” in pursuit of preser- Conclusion
vation (acres in the state PDR program are omit-
ted because this is an interval variable that is also Anecdotal evidence suggests that “substantial
less likely to be a matter of local political choice). downzoning” is more prevalent at the urban
The results in Table 3 support the notion that fringe than elsewhere at the moment. However,
the alternative tools are related. When all preser- the growing incidence of its use, and the set of
vation policies are lumped together, community factors that appear to be present in communities
per capita income becomes a significant variable that have used this regulatory approach, suggest
with the predicted positive effect on the decision the emergence of a tool that will be used more
to “do anything,” but not on the decision to “sub- frequently in the future. Although substantial
stantially downzone.” Conversely, growing per downzoning is controversial, better understanding
capita municipal debt increases the likelihood of of the dynamics of its implementation would be
adopting any preservation policy, but not the of great value to both its proponents and
likelihood of adopting substantial downzoning. opponents.
This suggests that its role is not related to the This study makes several unique contributions
extra cost of buying land, but rather to the deci- to the literature on land use. First, it identifies and
sion to stop growth by whatever means in order to analyzes the political determinants of a possible
forestall future infrastructure spending. This re- emerging growth management tool that is rela-
sult is consistent with that reported in Ihlanfeldt tively easy to implement, albeit contentious. Sec-
(2004), but the distinction between the fiscal mo- ond, it advances understanding of the motivations
tivations underlying downzoning and other pres- and political-economic dynamics behind this tool
ervation tools represents a new finding. by developing and estimating theoretical and em-
In contrast to downzoning, preservation in the pirical public choice models that explicitly incor-
aggregate does not seem to respond to either of porate matters of money, power, conflict, timing,
the included urgency factors (∆POP, ∆VACANT- and sustainability. Third, it presents empirical
Adelaja and Gottlieb The Political Economy of Downzoning 197

Table 3. Logit Models with Alternative Preservation Programs Omitted from Regressors
MODEL 1 MODEL 2
DEPENDENT VARIABLE DEPENDENT VARIABLE
= 1 IF DOWNZONED = 1 IF ANY PRESERVATION PROGRAM
Observations 266 266
-2 LOG L 255.45 224.25
Parameter Estimate Change in Probability Estimate Change in Probability

INTERCEPT -2.3613 -2.9171


(2.2026) (2.4043)
%FARMER -0.2627** -9.9 -0.2408** -7.9
(0.1074) (0.1074)
INCOME -6.89E-06 -1.0 0.000142** 18.0
(0.000028) (0.000046)
OWNEROC 0.0146 3.5 0.0222 4.6
(0.0153) (0.016)
OPENSPACE 0.043** 22.8 0.0504** 23.2
(0.0115) (0.0107)
WETWOOD -0.0208** -7.8 -0.027** -8.8
(0.00902) (0.0102)
DEMOCRAT -0.00229 -1.4 0.0037 2.0
(0.00588) (0.00574)
TAX -0.4963 -3.7 -0.8257 -5.4
(0.5017) (0.5243)
DEBT 0.00782 6.0 0.0136** 9.1
(0.00487) (0.00588)
SENIOR -0.0526 -4.9 -0.0071 -0.6
(0.0357) (0.036)
%DEVELOPED -0.00342 -0.9 0.00838 1.9
(0.0218) (0.0146)
∆POP 0.0847* 6.2 -0.0356 -2.3
(0.0465) (0.0508)
∆VACANTVAL 0.00305** 8.7 0.000916 2.3
(0.00116) (0.00133)
∆RESIDVAL 0.00092 0.7 0.00224 1.4
(0.00457) (0.00473)

Notes: Standard errors in parentheses. ** is significant at the 5 percent level. * is significant at the 10 percent level.

tests of the substitutability or complementarity of although Democrats are no more likely to engage
alternative growth management tools in a local in substantial downzoning than Republicans.
setting, including substantial downzoning. Fourth, Overall, preservation activities tend to appear in
it brings substantial downzoning into the main- affluent places with somewhat fewer working
stream of known policy tools for dealing with farmers and with plenty of open space to protect.
growth management at the urban fringe, such as While virtually every New Jersey community can
farmland preservation (Furuseth 1985a, 1985b) be said to be at some risk for development, sub-
and right-to-farm (Adelaja and Friedman 1999). stantial downzoning was the only tool that re-
The study’s main findings suggest that substan- sponded directly to growth in population and land
tial downzoning is, at least in part, a response to a values.
“value gap.” Politicians count votes when they In 57 percent of the communities involved in
decide whether or not to substantially downzone, this study, open space taxes are the most widely
198 October 2009 Agricultural and Resource Economics Review

used tool, followed by downzoning, at 32 percent, Alonso, W. 1964. Location and Land Use: Toward a General
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dence of substantial downzoning is expected to
wick, NJ.
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