Rush To Add Housing Will Have Unintended Outcomes
The following article by Scott Millar appeared in the Providence Journal and a slightly longer version is shared with us here with the author’s permission. Scott Millar is an Environmental Scientist and Land Use Planner who has worked in leadership positions at the RI Department of Environmental Management (RI DEM) and Grow Smart Rhode Island.
Rhode Island needs more housing and I support that objective. But how Rhode Island achieves the goal of building more housing is critical. Careful planning must be used to avoid unintended consequences that can create other problems. There are valid limits to growth and constraints to development that can’t be ignored. One of the most important limits is the ability for new housing to be supported by clean drinking water both in quantity and quality. The failure to plan for new housing that will be supported by a long-term safe and steady supply of drinking water can have catastrophic impacts. The availability of drinking water is a major impediment for growth in towns that rely on onsite wells for their sole source of drinking water. These wells can support low density development. They are not suitable to support the mandated higher densities required by the new one size fits all State housing laws.
There are also areas in Rhode Island that are not suitable for high density development such as groundwater aquifers, well head protection areas, watersheds for drinking water reservoirs. These areas provide Rhode Islanders with drinking water and are important to protect for existing and future generations. Other areas either have poorly drained soils or are prone to flooding, a situation that is becoming worse with climate change. Wetlands must also be off limits to new development. Prime farmland, the most important forests, and unique habitats are not protected from development by State regulations, but care should be taken to conserve these invaluable resources.
The State has regulations to minimize impacts to wetlands and water quality. However, it has been my experience, as a former RI DEM Administrator, that State regulations are not adequate to fully protect wetlands and water quality. In addition there are no State regulations to protect farms, forests or habitat from development. Therefore, municipal land use authority, that was taken away by the housing laws, is needed to establish appropriate density and locations for land development to help conserve important natural assets.
Housing advocates have stated RI needs approximately 35,000 new housing units over the next 10 years to meet RI’s existing needs. That is more housing than is currently built within the City of Cranston. The critical issue that must be solved is how Rhode island can accommodate the housing it needs while carefully planning to properly accommodate this new growth. The long list of new housing laws adopted within the last two years , with more bills pending this year, ignore the limits to growth, constraints to development or the need to conserve our farms and forests. Instead these new housing laws over ride State approved municipal comprehensive plans and zoning ordinances. These municipalities have carefully planned for growth to balance the need for housing while avoiding negative impacts. The housing laws give exclusive priority to development at the expense of everything else. The outcome will be a haphazard development pattern that will encourage growth where it is not appropriate.
Some examples include: a suburban town that currently would allow 13 homes under existing zoning but jumps to 155 units under the new housing law. A rural town currently allows only two homes by their zoning but the number balloons to 27 under the new law. Neither example has public water or sewer.
Moreover, the law that allows the high densities for affordable housing, doesn’t require the housing to remain affordable long-term. It only remains affordable for 30 years. The law also allows developers to build more unaffordable market rate housing than is currently allowed. This makes it very difficult if not impossible for cities and towns to meet their State required 10 percent goal for affordable housing.
It is possible for Rhode Island to achieve our housing needs and avoid negative unintended consequences. But cities and towns need technical and financial assistance from the State to implement housing plans that in many cases already exist. Moreover, the State must provide economic incentives to encourage new housing where it is appropriate and stop encouraging haphazard development that will cause problems.
To meet Rhode Island’s housing needs it will require better cooperation between State and municipal governments. Adopting inflexible State mandates does not encourage good partnerships or foster creative approaches. Municipalities have unique characteristics and what works in one may not work in another, but by working together, Rhode Island can solve the housing crisis in a way that avoids unintended consequences and appreciates the nuances of each community to maintain our beautiful State of Rhode Island.
The banner image is a photograph of our National Wild and Scenic Pawcatuck River as it flows past the Patricia Sprague Forest Preserve on the Charlestown side of Carolina. The continued health of the river depends on future development that is low density combined with large areas of permanently protected open space.