The New Administration, DOGE, and the End of Tyrannical Building Codes
For too long, California has been a suffocating labyrinth for unelected bureaucrats who trample private property rights under endless regulations, licensing schemes, and building codes so extreme that only the ultra-wealthy or government cronies can afford to build anything. The new administration has a golden opportunity to wipe the slate clean and dismantle this oppressive system once and for all!
DOGE, the ultimate symbol of decentralization and individual empowerment, reminds us that we don’t need permission from bureaucrats to create, build, and thrive. Property owners should be free to use their land as they see fit without groveling for approval from a bloated government machine that exists solely to extract money and control from the people. The time for half-measures is over! The only solution is full-scale deregulation—eliminate the absurd building codes, licensing restrictions, and permitting delays that have turned California into an unlivable mess. Let people build, innovate, and take charge of their own lives. Anything less is just more bureaucratic tyranny.
Detailed Analysis of Rethinking Zoning and Building Codes
This note provides a comprehensive examination of the current reasons for rethinking bureaucratic overreach in zoning and building codes, expanding on the key points and incorporating detailed findings from recent discussions and studies. The focus is on addressing housing affordability, adapting to modern needs, and reducing regulatory burdens, while acknowledging complexities and potential resistance.
Background and Context
Zoning codes regulate land use, dividing areas into zones like residential, commercial, or industrial, to ensure orderly development and protect public welfare. Building codes, on the other hand, set standards for construction, focusing on safety, accessibility, and structural integrity. Both have evolved over decades, with many originating from early 20th-century practices, such as the 1926 U.S. Supreme Court ruling on zoning in Euclid, Ohio ([Zoning and Building Codes are the Software of the Built World](https://propmodo.com/zoning-and-building-codes-are-the-software-of-the-built-world/)). However, as urban populations grow and challenges like climate change intensify, these codes are increasingly seen as barriers rather than enablers, prompting calls for reform.
Current Reasons for Rethinking
Housing Affordability
One of the most pressing reasons for rethinking zoning and building codes is their impact on housing affordability, a critical issue in many U.S. cities. Zoning restrictions, such as single-family-only zoning, limit the supply of housing by preventing denser developments like apartments or townhouses. For instance, 75% of land in American cities is zoned for single-family residences, which restricts options for lower-cost housing ([Rethinking Zoning to Increase Affordable Housing](https://www.nahro.org/journal_article/rethinking-zoning-to-increase-affordable-housing/)). This scarcity drives up prices, making it harder for low- and moderate-income households to find affordable homes.
Building codes contribute to this issue by mandating expensive materials or construction methods that may not be necessary for safety. For example, some jurisdictions require specific façade treatments or roofing products that increase costs without significant health or safety benefits, making affordable housing development challenging ([Reforms to construction standards and building codes](https://localhousingsolutions.org/housing-policy-library/reforms-to-construction-standards-and-building-codes/)). Recent reforms, like Minneapolis eliminating single-family zoning in 2019, have shown mixed results, with permits for small apartment buildings doubling from 2018 to 2021, but other restrictions like parking requirements limiting overall impact ([What Is Zoning Reform and Why Do We Need It?](https://www.planning.org/planning/2023/winter/what-is-zoning-reform-and-why-do-we-need-it/)).
Specific reforms proposed include eliminating minimum lot sizes, allowing ADUs and single-room occupancies (SROs), and reducing off-street parking requirements. Studies in San Francisco show that buildings with parking are twice as likely to own a car than those without, suggesting that eliminating parking mandates could reduce costs and promote sustainable urban development ([Rethinking Zoning to Increase Affordable Housing](https://www.nahro.org/journal_article/rethinking-zoning-to-increase-affordable-housing/)). Houston’s unzoned approach, allowing flexible development, led to building approximately as many apartments as Los Angeles in 2019, with 25,000 townhouses constructed, highlighting the potential of less restrictive zoning ([Rethinking Zoning to Increase Affordable Housing](https://www.nahro.org/journal_article/rethinking-zoning-to-increase-affordable-housing/)).
Outdated Regulations
Many zoning and building codes are based on standards from the early 20th century, which may not align with current urban planning needs or technological advancements. For example, zoning codes often enforce strict separations between residential and commercial uses, a practice rooted in 1920s logic that may no longer be optimal for mixed-use, walkable communities ([Zoning and Building Codes are the Software of the Built World](https://propmodo.com/zoning-and-building-codes-are-the-software-of-the-built-world/)). Building codes, similarly, may not account for modern construction technologies like prefabricated elements, which can shorten construction time and lower costs ([Reforms to construction standards and building codes](https://localhousingsolutions.org/housing-policy-library/reforms-to-construction-standards-and-building-codes/)).
This outdatedness is seen as paralyzing sound planning efforts, leading to uncoordinated development and income disparities ([Reform Local Codes](https://www.planning.org/home/action/codes/)). Reforms aim to modernize codes to incorporate principles like transit-oriented development, emphasizing housing near public transportation and reducing minimum lot sizes to allow denser, more efficient land use ([Reform Local Codes](https://www.planning.org/home/action/codes/)).
Climate Change and Resilience
Climate change has intensified the need to rethink codes to ensure buildings are resilient to natural disasters. Building codes need updates to address risks like urban wildfires, floods, and hurricanes. For instance, following Hurricane Ian in 2022, Florida’s building code standards showed significant differences in damage between pre- and post-code constructions, highlighting the need for resilient updates ([Building Code is the New Zoning Reform](https://thenewurbanorder.substack.com/p/building-code-is-the-new-zoning-reform)). California’s efforts to create an “ember-resistant zone” (Zone 0) within five feet of houses, passed in 2020 but delayed until 2026 due to public pushback, illustrate the challenge of balancing safety with homeowner preferences ([Building Code is the New Zoning Reform](https://thenewurbanorder.substack.com/p/building-code-is-the-new-zoning-reform)).
Zoning reforms can also support climate goals by encouraging development in areas with existing infrastructure and reducing urban sprawl, which contributes to greenhouse gas emissions. Transit-oriented development (TOD) zoning, for example, is associated with higher public transit use and active commuting, supporting sustainability ([Zoning regulation and land use policy reforms](https://www.countyhealthrankings.org/strategies-and-solutions/what-works-for-health/strategies/zoning-regulation-and-land-use-policy-reforms)).
Innovation and Flexibility
Rigid zoning and building codes can stifle innovation by limiting the use of new construction technologies and materials. For instance, some communities do not permit prefabricated building elements, which can reduce construction time and costs, due to outdated code restrictions ([Reforms to construction standards and building codes](https://localhousingsolutions.org/housing-policy-library/reforms-to-construction-standards-and-building-codes/)). Reforms aim to promote low-cost construction materials and codes suitable for mass production, reducing bureaucracy and enhancing transparency ([Building code – Wikipedia](https://en.wikipedia.org/wiki/Building_code)).
Allowing flexibility in codes can also encourage “missing middle” housing, such as duplexes, triplexes, and cottage courts, which provide options between single-family homes and large apartments but are often prohibited by current zoning ([Zoning Reform and Housing Choices](https://outreach.design.ncsu.edu/ah%2Bsc/resources/white-papers/zoning-reform-and-housing-choices/)). This flexibility can foster diverse, affordable housing options while supporting sustainable community development.
Bureaucratic Red Tape
The permitting and approval processes under current codes are often criticized for being overly complex and time-consuming, adding to development costs. For example, discretionary approval processes, where developers need variances or public votes, can increase capital costs and timelines, deterring housing construction ([Why they matter: Local and state zoning reforms](https://www.habitat.org/costofhome/why-they-matter-local-state-zoning-reforms)). Recent reforms, like Columbus, Ohio’s “Zone In” effort, aim to streamline these processes by reducing the need for variances, making it easier for developers to build housing ([Columbus Set to Reform Zoning Code](https://www.planetizen.com/news/2023/09/125437-columbus-set-reform-zoning-code)).
Making approvals as efficient as possible is a top priority, with suggestions including establishing standards that simplify processes for developments meeting affordability criteria ([Why they matter: Local and state zoning reforms](https://www.habitat.org/costofhome/why-they-matter-local-state-zoning-reforms)). This can reduce soft costs and development timelines, addressing the housing crisis more effectively.
#### Specific Reforms and Case Studies
Recent reforms provide concrete examples of how communities are addressing these issues. New York City passed historic zoning reforms in December 2024, estimated to create over 82,000 new homes, including establishing basement apartments and ADUs, and updating flood maps ([New York City Council Passes Historic Citywide Zoning Reforms](https://council.nyc.gov/press/2024/12/05/2761/)). California has legalized ADUs statewide, contributing to housing growth, with ADUs making up about 13% of permits in the Bay Area and 19% in Southern California ([New Studies Provide Further Evidence That Zoning Reforms Work](https://www.forbes.com/sites/adammillsap/2023/08/28/new-studies-provide-further-evidence-that-zoning-reforms-work/)). Minneapolis eliminated single-family zoning citywide in 2019, allowing triplexes in previously restricted areas, aiming to spur housing construction ([Building Opportunity: Expanding Housing in America by Reforming Local Land Use](https://www.americanprogress.org/article/building-opportunity-expanding-housing-in-america-by-reforming-local-land-use/)).
Potential Concerns and Resistance
While the need for reform is widely acknowledged, there is controversy, particularly from the public. A 2022 study found that many urban and suburban Americans, including homeowners and renters, are skeptical of zoning reforms, fearing impacts on neighborhood character and property values ([Majorities Are Skeptical of Zoning Reform](https://www.city-journal.org/article/folk-economics-and-the-politics-of-housing)). This resistance is evident in California’s delayed implementation of fire-resistant zone rules, with homeowners opposing vegetation removal near homes ([Building Code is the New Zoning Reform](https://thenewurbanorder.substack.com/p/building-code-is-the-new-zoning-reform)).
Critics also worry about overdevelopment, potential gentrification, and loss of green spaces. However, proponents argue that reforms can be designed to mitigate these concerns, such as ensuring equitable density increases and aligning with community master plans ([Building Support for Code Reform](https://www.aarp.org/livable-communities/tool-kits-resources/info-2020/building-support-for-code-reform.html)). For instance, zoning reforms can focus on redevelopment zones to target investment in areas of need, balancing growth with community goals.
Unexpected Detail: Building Codes as a New Frontier
While zoning reform has been in the spotlight, building codes are emerging as a new frontier, particularly for addressing climate resilience. The comparison to Hurricane Andrew’s impact on Florida’s building codes post-1992, and recent discussions post-Hurricane Ian in 2022, highlight how building codes can be pivotal for disaster recovery and affordability, an area less discussed than zoning but equally critical ([Building Code is the New Zoning Reform](https://thenewurbanorder.substack.com/p/building-code-is-the-new-zoning-reform)).
Conclusion
The current push to rethink zoning and building codes is driven by the need to address housing affordability, adapt to climate change, foster innovation, and reduce bureaucratic red tape. Recent reforms in cities like New York, California, and Columbus demonstrate progress, though public resistance and implementation challenges remain. By balancing growth with community identity, these reforms aim to create more equitable, sustainable, and resilient communities, addressing both immediate housing crises and long-term urban planning needs.
Key Citations
– [Rethinking Zoning to Increase Affordable Housing](https://www.nahro.org/journal_article/rethinking-zoning-to-increase-affordable-housing/)
– [Building Code is the New Zoning Reform](https://thenewurbanorder.substack.com/p/building-code-is-the-new-zoning-reform)
– [Understanding the Difference Between the Zoning Code and the Building Code](https://www.contractorslicensingschools.com/blog/understanding-the-difference-between-the-zoning-code-and-the-building-code/)
– [What You Need to Know About Zoning Codes](https://millmanland.com/knowledge/zoning-codes/)
– [Zoning & Building Code Basics](https://www.buildwise.org/zoning-building-code-basics/)
– [Building code – Wikipedia](https://en.wikipedia.org/wiki/Building_code)
– [Zoning Laws: Definition And Zoning Types](https://www.rocketmortgage.com/learn/zoning-laws)
– [Reforms to construction standards and building codes](https://localhousingsolutions.org/housing-policy-library/reforms-to-construction-standards-and-building-codes/)
– [Why they matter: Local and state zoning reforms](https://www.habitat.org/costofhome/why-they-matter-local-state-zoning-reforms)
– [What Is Zoning Reform and Why Do We Need It?](https://www.planning.org/planning/2023/winter/what-is-zoning-reform-and-why-do-we-need-it/)
– [Reform Local Codes](https://www.planning.org/home/action/codes/)
– [Ten code reform priorities for the housing crisis](https://www.cnu.org/publicsquare/2023/03/28/top-10-code-reform-priorities-housing-crisis)
– [Zoning regulation and land use policy reforms](https://www.countyhealthrankings.org/strategies-and-solutions/what-works-for-health/strategies/zoning-regulation-and-land-use-policy-reforms)
– [Reforming a Century-Old Approach to Land Use](https://www.lincolninst.edu/publications/articles/2022-12-state-local-zoning-reform/)
– [Building Opportunity: Expanding Housing in America by Reforming Local Land Use](https://www.americanprogress.org/article/building-opportunity-expanding-housing-in-america-by-reforming-local-land-use/)
– [Zoning and Building Codes are the Software of the Built World](https://propmodo.com/zoning-and-building-codes-are-the-software-of-the-built-world/)
– [Navigating Zoning and Building Codes for Commercial Metal Structures](https://www.re-thinkingthefuture.com/technologies/gp1423-navigating-zoning-and-building-codes-for-commercial-metal-structures/)
– [What is ‘Zoning’ in Construction: Regulations and Their Impact on Development](https://www.buildingradar.com/construction-blog/what-is-zoning-in-construction-regulations-and-their-impact-on-development)
– [WHAT IS THE DIFFERENCE BETWEEN THE ZONING CODE AND THE BUILDING CODE?](https://www.rostarchitects.com/articles/2018/4/16/what-is-the-difference-between-the-zoning-code-and-the-building-code)
– [Home Plans – Understanding Local Building Codes and Zoning](https://saterdesign.com/blogs/news/understanding-local-building-codes-and-zoning)
– [Is zoning a useful tool or a regulatory barrier?](https://www.brookings.edu/research/is-zoning-a-useful-tool-or-a-regulatory-barrier/)
– [Assessing Criticisms of Form-Based Codes](http://sdapa.org/assessing-criticisms-of-form-based-codes/)
– [Public Property Zoning Problems](https://www.planning.org/pas/reports/report112/)
– [Cityscape: Volume 25 Number 2 | Recent Reforms in Zoning](https://www.huduser.gov/portal/periodicals/cityscape/vol25num2/article18.html)
– [Enabling Better Places: Users Guide to Zoning Code Reform](https://www.planning.org/knowledgebase/resource/9184990/)
– [Boston to Begin Zoning Code Update, Mayor Announces](https://www.planetizen.com/news/2023/09/125537-boston-begin-zoning-code-update-mayor-announces)
– [New York City Council Passes Historic Citywide Zoning Reforms](https://council.nyc.gov/press/2024/12/05/2761/)
– [Columbus Set to Reform Zoning Code](https://www.planetizen.com/news/2023/09/125437-columbus-set-reform-zoning-code)
– [To Add Housing, Zoning Code Reform is Just a Start](https://www.bloomberg.com/news/articles/2020-07-29/to-add-housing-zoning-code-reform-is-just-a-start)
– [Zoning Reform Tracker](https://belonging.berkeley.edu/zoning-reform-tracker)
– [The double-edged sword of upzoning](https://www.brookings.edu/articles/the-double-edged-sword-of-upzoning/)
– [Zoning Reform and Housing Choices](https://outreach.design.ncsu.edu/ah%2Bsc/resources/white-papers/zoning-reform-and-housing-choices/)
– [Majorities Are Skeptical of Zoning Reform](https://www.city-journal.org/article/folk-economics-and-the-politics-of-housing)
– [New Studies Provide Further Evidence That Zoning Reforms Work](https://www.forbes.com/sites/adammillsap/2023/08/28/new-studies-provide-further-evidence-that-zoning-reforms-work/)
– [Zoning Change](https://www.urban.org/research/publication/zoning-change)
– [Zoning Reform](https://www.planningmi.org/zoning-reform)
– [How Municipalities Can Address Housing Affordability Through Code and Zoning Reform](https://www.nahb.org/blog/2023/05/code-and-zoning-guide)
– [Building Support for Code Reform](https://www.aarp.org/livable-communities/tool-kits-resources/info-2020/building-support-for-code-reform.html)
– [Expanding Affordable Housing Opportunities: Zoning and Land Use Case Studies](https://bipartisanpolicy.org/blog/expanding-affordable-housing-opportunities-zoning-and-land-use-case-studies/)