This year, the biggest coalition in Minnesota’s history came together to support housing — specifically, zoning and land use — reform bills introduced in the legislature. Among other things, the bills (which I wrote about here), would have
- Required cities and suburbs to legalize missing middle housing in single-family zoned areas. Missing middle housing includes townhomes, duplexes, and triplexes
- Required cities to increase density, especially in areas near transit.
- Abolished minimum parking requirements in some areas
- Banned public hearings for development applications
- Banned localities from regulating architectural and aesthetic features
- Allowed multi-family housing in commercial zoned areas
- Reduced minimum lot sizes
- Allow buildings up to 75 feet to be serviced by a single stairway. Currently, only buildings of up to about 40 feet can be serviced by a single stairway
Due to local government opposition, these bills are not moving forward. As the Minnpost reports,
effective lobbying by city governments, especially in the suburbs, raised enough questions about the measures that they lacked enough votes to advance. Having the state require more density in single-family housing zones as well as making it harder for cities to block multifamily buildings in commercial zones was portrayed as a threat to local control.
If not preemption, then what?
As my colleague John Phelan has explained, preemption is indeed a double-edged sword. On one hand, these bills, as I wrote, presented a promising start for housing reform in Minnesota. On the other hand, it is optional for regulation to take place at the lowest form of government.
When it comes to housing, however, local governance has been part of the problem more than it has been part of the solution. Specifically, local zoning regulations, density restrictions, and excessive fees are some of the biggest barriers to housing development, making preemption an attractive option.
Clearly, something needs to change.
To preserve their autonomy while at the same time serving Minnesotans well, city governments need to step up and take the lead on zoning reform, making preemption unnecessary. Local control, while preferable, is hard to support when it continues to be a source of tyranny.