Study of Subdivision Requirements as a Regulatory Barrier

Local subdivision regulations represent a major tool by which local governments manage and
shape the housing development process. In addition to laying land plats or site plans,these
regulations establish infrastructure or site requirements to support new residential
development, i.e., they establish specifications for streets, sidewalks, water and sewer, drainage,
curbs and gutters, street signs, landscaping. In many cases, subdivision regulations also provide
for trees, utility easements, and dedications of land or fees for recreational and/or school
facilities. Subdivision regulations are intended to ensure that proposed housing developments
are cost-effective (i.e.,reduce extensive long-term maintenance by the locality),meet health and
safety requirements, are properly designed, and have a favorable impact on the community.
The cost of these requirements represents a significant share of the cost of producing new
housing. Such requirements can reasonably be considered “regulatory barriers” to affordable
housing if the locally determined requirements are greater (and hence,more costly) than those
necessary to achieve health and safety requirements in the community. This has been a
concern for many years, and has been identified in the report, Not in My Backyard (prepared by
the President’s Commission on Regulatory Barriers to Affordable Housing) as a potential major
contributor in raising the cost of housing and limiting the supply of affordable housing in
communities.