Herbert Hoover is not a man I consider a “Legend” – quite the contrary. I use the words “Urbanism Legend” in the context of the series of posts intended to dispel popular myths as they relate to urbanism.
Myths and fallacies about Herbert Hoover are abundant these days as the media discusses the Great Depression. Most of the myths incorrectly accuse Hoover of being a laissez-faire ideologue. However, Hoover is better described as a Progressive, and strongly believed in the power of government to shape society. (at the time Progressive elitists enjoyed a home within the Republican party and advocated vast social engineering programs such as alcohol prohibition) This was a significant departure from the relatively laissez-faire doctrines of previous Republican Presidents Coolidge and Harding. In fact, Hoover’s commitment to progressive programs prompted Franklin Roosevelt’s running mate, John Nance Garner, to accuse the Republican of “leading the country down the path of socialism” during the 1932 presidential campaign.
I urge everyone to learn more about Hoover’s progressive interventionist policies on your own. (I also recommend Rothbard’s America’s Great Depression) But, let’s look at Hoover’s anti-urbanist interventions, and legacy of sprawl.
Hoover, an engineer by trade, was a strong supporter of the Efficiency Movement, a significant campaign of the Progressive Era. He believed everything would be made better if experts identified the problems and fixed them, and that efficiency could be achieved through government-forced standardization of products. This helps explain Hoover’s zealous affection for planning, zoning, home ownership, and various objectives often shared by the (often conflicting) elitist-progressive strains seen in Robert Moses or Lewis Mumford (and later New Urbanists). (not to be confused with the Roosevelt New Deal Democrats who preferred intervention to promote decentralization and ruralization)
Hoover’s philosophy on planning and zoning could be exemplified by his praise of the Regional Plan of New York he gave in 1922:
The enormous losses in human happiness and in money which have resulted from lack of city plans which take into account the conditions of modern life need little proof. The lack of adequate open spaces of playgrounds and parks the congestion of streets the misery of tenement life and its repercussions upon each new generation are an untold charge against our American life. Our cities do not produce their full contribution to the sinews of American life and national character. The moral and social issues can only be solved by a new conception of city building. The vision of the region around New York as a well planned location of millions of happy homes and a better working center of millions of men and women grasps the imagination. A definite plan for its accomplishment may be only an ideal. But a people without ideals degenerates one with practical ideals is already upon the road to attain them.
(Later in 1922, progressive zoning triumphed over property rights in the US Supreme Court ruling, Pennsylvania Coal v Mahon, which decided, “property may be regulated to a certain extent, [but] if regulation goes too far it constitutes a taking.”)
We can trace the rapid growth of the adoption of zoning codes to Hoover’s tenure as Commerce Secretary during the 1920’s, when Commerce changed from a minor cabinet post to the most visible cabinet position. Before Hoover’s term as Commerce Secretary began in 1920, only forty-one municipalities throughout the United States had any sort of zoning laws. However, after eight short years this number had skyrocketed to 640. Popularity and legal legitimacy of planning and zoning grew rapidly through the 20’s with help from Hoover’s influence. By 1924, the US department of Commerce under Hoover wrote the Standard State Zoning Enabling Act, which, had it passed Congress, would have granted cities the power to, “regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land of trade, industry, residence or other purposes.” Instead, many states used the act as framework to implement comprehensive plans on their own. (Zoning as we know it today was Constitutionally validated by Euclid v. Ambler Realty two years later.) Then, in 1928, Hoover’s Commerce Department rewrote the Enabling Act in the form of the Standard City Planning Enabling Act to more precisely address and promote the use of master plans and comprehensive plans. The primary principles of the SCPEA were to:
1) organization and power of a planning commission to develop a master plan
2) plan for the physical development
3) master street plan
4) approval of public improvements
5) control private subdivision of land
6) develop a regional planning commission and regional plan.
In a 1996 article published by the American Planning Association entitled, “The Real Story Behind the Standard Planning and Zoning Acts of the 1920’s” [pfd], Ruth Knack, Stuart Meck, AICP, and Israel Stollman, AICP wrote:
[Hoover] was, in many respects, a progressive who hoped to reform society by reforming the operations of government. To some extent, in fact, the Commerce Department under Hoover could be said to be the first activist federal agency-presaging the New Deal vigor of the administration of President Franklin D. Roosevelt. Of particular importance to land-use planners is the fact that Hoover took an active role in shaping the statutes that govern American city planning.
Hoover was instrumental in starting the “Own Your Own Home” suburban advocacy movement, which lasted through the twenties. The government and business leaders of the “Own Your Own Home” movement described the single family home as a “symbol that could build consensus” and a “hallmark of the middle-class arrival in society.” To encourage home building, Hoover created the division of Building and Housing within the Commerce Department to coordinate the activity of builders, real estate developers, social workers, and homemakers as he worked closely with banks and savings and loans industry to promote long term mortgages (a new concept at the time – sound familiar?). Hoover’s promotion of home ownership as an investment of the 20’s remains a concept embedded in the American psyche, and may have helped contribute to our current financial mess.
The 1920’s also ushered in huge spending increases under the Federal Highway Act of 1921. At the time, highways were under the jurisdiction of the Department of Agriculture. Nonetheless, Hoover hosted two conferences on traffic while he was Secretary of Commerce. These conferences yielded a Uniform Vehicle Code and a Model Municipal Traffic Ordinance, which were heavily influenced by the automotive trade associations.
While popular legend paints Herbert Hoover as a laissez-faire ideologue, the evidence says otherwise, particularly when it comes to urban issues. Many of the problems of sprawl and auto-dependency derided by today’s progressives can be traced to policies of yesterdays’ progressive elitists, including Hoover. Maybe modern-day urbanists should look at Hoover’s legacy of land use policy and suburban advocacy, and reconsider their support of Hoover-like intervention and “stimulus” today that will burden future generations as Hoover’s legacy burdens living generations.
For further reading, here’s a recent article from Citiwire (as permitted) I googled-upon when searching for more information on the “Standard Zoning Enabling Act” of 1926:
By Rick Cole
For Release January 18, 2009
Take any great place that people love to visit. You know, those lively tourist haunts from Nantucket to San Francisco. Or those red hot neighborhoods from Seattle’s Capital Hill to Miami Beach’s Art Deco district. Or those healthy downtowns from Portland, Oregon to Chicago, Illinois to Charleston, South Carolina. What do they all have in common?
The mix of uses that gives them life are presently outlawed by zoning in virtually every city and town in all 50 states.
Crisis offers opportunity. With real estate in a freefall, there is an opportunity to lay the foundation for a more prosperous and sustainable American landscape.
If only there is the vision and political will.
Scrapping zoning codes is the single most significant change that can be made in every town and city in America. It would aid economic development, reduce greenhouse gas emissions, foster healthier lifestyles, reduce dependence on foreign oil, protect open space and wildlife habitats, and reduce wasteful government spending.
Zoning is a legacy of Herbert Hoover. As Commerce Secretary, he championed the “Standard Zoning Enabling Act” to address “the moral and social issues that can only be solved by a new conception of city building.” In 1926, the Supreme Court upheld zoning to protect health and safety by “excluding from residential areas the confusion and danger of fire, contagion and disorder which in greater or less degree attach to the location of store, shops and factories.” The quite sensible idea that people shouldn’t live next to steel mills was used to justify a system of “zones” to isolate uses that had lived in harmony for centuries.
Under zoning, new neighborhoods were segregated by income, and commerce was torn asunder from both customers and workers. Timeless ways of creating great places were ruthlessly outlawed. The sprawl spawned by zoning spread from sea to shining sea.
Almost everyone admits the environmental and social devastation caused by sprawl. Yet it remains the law. What’s been lacking is the tool for producing great places instead of bleak, auto-dependent landscapes. If “zoning” is the DNA of sprawl the coding that endlessly replicates the bleak landscape of autotopia, then what is the DNA of livable communities?
It is found in timeless ways of building, updated for the 21st Century, including the need to accommodate cars. It regulates incompatible uses without the absurdities of conventional zoning. It is calibrated for new buildings to contribute to their context and to the larger goal of making a great place. It does so primarily by regulating the form of buildings, since that is what determines the long-neglected public realm of streets and sidewalks. It does that by regulating setbacks, heights and the physical character of buildings. For example, a form-based code could protect the existing scale of a neighborhood from the “teardowns” of traditional homes for replacement by McMansions–or facilitate the evolution of an auto-oriented commercial strip to a mix of uses, including residential and/or office over retail.
Called “form-based codes” or “smart codes,” this alternative framework for shaping great places exists, and it’s quietly spreading.
Where it’s been tried, it’s been a success. Seaside, Florida, the poster town for “new urbanism,” was “coded” rather than zoned, and ended up on the cover of Time magazine. In 2003, Petaluma, California scrapped its zoning regulations and adopted a new code for 400 underdeveloped acres in their Downtown, producing more than a quarter billion dollars in new investment. Now cities as diverse as Miami, Buffalo, Tulsa and La Jolla are pursuing “form-based codes.”
Unlike zoning, “form-based coding” is not a “one-size fits all” solution. The rules for form in a dense urban center are distinctly different from those for a predominantly residential suburban neighborhood. In each case, the form and character of buildings are “calibrated” to achieve a cohesive and complimentary sense of place.
Still, widespread adoption waits upon the widespread recognition that the time for reform has come. The real estate meltdown provides that wake-up call. The model is broken. Financing generic products (class A office; suburban housing tract; grocery-anchored strip center; business park, etc.) through globally marketable securities has become radioactive. By the time supply and demand right themselves, the financial and economic unsustainability of sprawl will be laid bare.
Of course, one can never underestimate what historian Barbara Tuchman called “the march of folly.” Perhaps in the interest of “stimulus” to the moribund economy, we will be willing to spend trillions more to subsidize sprawl. But in the end, as economist Herbert Stein pointed out, “That which cannot go on forever, won’t.”
Before that day comes, we can save untold environmental, economic and social damage by the widespread adoption of coding that respects human scale, restores the proximity of complimentary uses, and repairs the damage done to the American landscape and our rich (but abandoned) tradition of creating fine neighborhoods, towns and cities.
Scrap zoning. Adopt coding. Legalize the art of making great places that people cherish, that produce economic value, and that leave a lighter environmental footprint on the land.
Rick Cole’s e-mail address is RCole@ci.ventura.ca.us.
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