Click here to skip to main content.
scenic picture from Washington state
SUBJECTS › PLANNING › Flexible Regulatory and Non-Regulatory Incentive Tools
Reviewed 06/09

Flexible Regulatory and Non-Regulatory Incentive Tools

Contents

Introduction

Washington cities and counties are engaged in the challenging job of updating and improving development regulations and other tools for guiding community development. Conventional zoning, subdivision and other regulatory tools have not always been responsive to the variety of conditions and circumstances that exist in our communities. The Growth Management Act (GMA) (Chapter 36.70A, RCW) challenges cities and counties to craft regulations or other tools that effectively implement multiple goals ranging from economic development to protection of valued community resources, such as environmentally critical areas and open space. At the same time, programs for guiding development must treat property owner owners fairly, and address a variety of local conditions and needs. In addition, regulatory programs should be responsive to innovative development proposals that will benefit the community. Local jurisdictions also are working to tailor regulatory and/or non-regulatory tools to address rural and resource areas, where urban solutions typically have not worked. At times, inflexible regulations have made resource operations more difficult, despite goals for protecting farmlands, resource areas, and open space. In addition, when new regulations are adopted, owners of pre-existing lots or parcels are sometimes caught in situations where it becomes more difficult to develop their properties. Increased flexibility in our regulatory and non-regulatory tools is needed to address these multiple objectives for a regulatory system.

This web page highlights examples of flexible approaches to land use, environmental, and resource protection regulation, and incentive tools. Ideally, such flexible regulations offer choices that will accommodate a variety of site conditions or pre-existing situations, provide property owners with practical options, permit flexibility for creative design solutions, and recognize property owner needs for viable economic uses. At the same time, these tools must successfully protect sensitive areas and resources, and accomplish GMA and local community goals. Increased flexibility for property owners and developers should not be accomplished in a manner that harms neighboring property owners and community-wide interests. Urban, suburban or rural settings will likely require different types of approaches to be effective and gain acceptance. Greater flexibility regarding uses and performance standards, and strategic incentives can often better meet the needs of farm and resource-related operations. This Webpage also presents information about how successful these approaches have been in winning community support and accomplishing community objectives.

Some local jurisdictions have considered adoption of major new programs/regulatory schemes to incorporate greater flexibility and fairness into codes. Examples of major programs include transfer of development rights programs or performance zoning codes. Even without adopting an entirely new system, there are numerous opportunities to add flexibility throughout codes and review processes. Taken together these smaller amendments can add up and make a significant difference. This web site presents examples of some of the many simple (and also more complex) solutions being developed in Washington, as well as interesting ideas being tried in other states.

Many Washington jurisdictions have already made a concerted effort to incorporate flexibility into new development regulations. Because these efforts too often go unnoticed, these WebPages are intended to highlight and share the many good ideas that are being developed. In addition, local jurisdictions can do more to draw attention to the incentives and opportunities for increased flexibility that they offer as alternatives to more conventional regulations, as illustrated on these pages.

Incentive Programs

Incentives can sometimes be used to encourage property owners to develop in a certain way or to provide desired amenities. For instance, some communities offer density bonuses if a development agrees to include a certain amount of affordable housing or an increased level of open space within a development. Incentives, such as density transfer provisions, also can be used to compensate an owner for giving up the right to develop portions of a property. Incentives are often viewed as fairer to the property owner, since he/she gets something in return for any lost privileges. They can work well for accomplishing certain public objectives. However, under a voluntary program, a property owner may choose to forgo incentives and develop in manner that falls short of community goals. As a result, local jurisdictions often combine use of regulations and incentives, particularly when it is essential that certain standards be met. MRSC has a number of WebPages that highlight creative incentive programs. Other examples of incentive programs will soon be added.

MRSC Web Pages:

Other Incentive Examples:

Return to Top