by Ida McMurray, CCIM, SIOR
Pennsylvania, with its 67 counties, over 2,500 municipalities, and nearly 1,400 townships, has a very fragmented local government structure that creates significant challenges in zoning and development. While this structure allows for localized decision-making, it can complicate efforts to coordinate land use, ensure sustainable development, and meet regional needs.
Background
Each municipality in Pennsylvania has the authority to create its own zoning laws, leading to a patchwork of regulations. With more than 2,500 municipalities, zoning requirements can vary widely from one locality to another. This inconsistency creates confusion for developers, property owners, and residents, who must navigate different rules even between neighboring municipalities. Inconsistent zoning can lead to incompatible land uses, delays in development, and increased costs for developers who must comply with a myriad of local regulations.
For example, a developer may find that a project approved in one town is prohibited in a nearby municipality due to differing zoning codes, adding time and expense to projects. Additionally, overlapping zoning jurisdictions and conflicts between municipalities often hinder coordinated development efforts in regions where borders are unclear.
Local governments in Pennsylvania operate with the goal of serving their specific communities, which can lead to competing interests when it comes to zoning and development. Suburban municipalities may prioritize limiting development to preserve open space and prevent overpopulation, while urban centers may push for denser housing and commercial development to accommodate growing populations. These conflicting priorities can complicate the regional development process. Another challenge in Pennsylvania’s zoning landscape is the use of overlays, which are additional zoning regulations applied on top of existing zoning laws to address specific issues like historic preservation, environmental protection, or floodplain management. While overlays can help protect valuable resources, their complexity can add another layer of confusion and inconsistency for developers, as they must navigate both the base zoning requirements and the additional overlay restrictions.
For instance, as cities expand, the demand for affordable housing, transportation networks, and other infrastructure grows. However, nearby municipalities may resist such development, fearing it will burden local resources or change the character of the community. This lack of alignment between neighboring towns and cities can contribute to inefficient development and urban sprawl, making regional planning efforts more challenging.
Home Rule
Pennsylvania’s home rule system allows municipalities significant autonomy to adopt their own charters and establish unique local laws, including zoning ordinances. While home rule provides flexibility, it further fragments zoning regulationsand makes it more difficult to align policies across municipalities. Municipalities with home rule charters can develop unique zoning laws that may not be in line with broader regional or state-level development strategies.
This decentralized control often leads to further complications for developers, who must navigate a complex and inconsistent regulatory landscape. Without standardized practices or regional coordination, the development process becomes more difficult and unpredictable.
A critical issue resulting from the fragmentation of local governments is the lack of a unified approach to regional planning. Many of Pennsylvania’s municipalities operate independently without considering the impact of their decisions on surrounding areas. This lack of coordinated planning leads to disjointed infrastructure development, inefficient land use, and inadequate public transportation systems.
Dangers
Without regional planning, urban sprawl can occur, stretching infrastructure and increasing costs. For example, as new developments push outward into rural or suburban areas, local roads, utilities, and schools may not be equipped to handle the growth, placing strain on local resources and creating inefficiencies in service delivery.
The multiple layers of local regulations in Pennsylvania result in a slow and often bureaucratic permitting process. Developers must seek approvals from numerous municipal bonds, leading to delays and increased costs. In some cases, a project may require approval from several levels of government, including county and municipal authorities, further complicating the process.
Smaller municipalities with fewer resources may struggle to process permit efficiently, leading to additional delays. These bottlenecks can discourage development, particularly in smaller towners or rural areas where there may be a lack of staff or expertise in handling complex development projects.
Uncoordinated zoning and development can exacerbate environmental issues, such as water pollution, habitat destruction, and overuse of natural resources. Development that sprawls into previously undeveloped areas often lacks consideration for sustainable land use, creating long-term environmental damage. Inadequate infrastructure planning – especially in rural or suburban municipalities – can strain utilities, transportation systems, and waste management.
The Solution
To address the fragmentation of zoning regulations, regional planning initiatives can help align municipal goals and create more cohesive development policies. Regional planning commissions or multi-county planning organizations can facilitate collaboration among municipalities, enabling them to coordinate land use, infrastructure planning, and zoning regulations. By working together, municipalities can develop comprehensive regional plans that address issues like affordable housing, transportation, and environmental conservation, ensuring more efficient and sustainable development.
The state could incentivize municipalities to adopt comprehensive land use and development plans. These plans would require municipalities to consider regional development goals and align their zoning codes with broader state- or county-level objectives. Incentive programs, such as state grants or funding opportunities for planning efforts, could encourage local governments to invest in long-term planning, improving overall coordination and reducing conflict between neighboring municipalities.
Public-private partnerships (PPPs) can be instrumental in overcoming some of the infrastructure and development challenges created by fragmented local governments. By pooling resources and expertise, local governments, state agencies, and private developers can collaborate to fund and implement projects that address regional needs, such as affordable housing, transportation, and infrastructure improvements.
These partnerships could also help ensure that municipalities with fewer resources are not left behind in terms of development. State and federal governments could provide financial support for municipalities that lack the capacity to handle large-scale development projects on their own.
One of the most immediate ways to address zoning and development challenges is by streamlining the permitting process. Implementing digital permitting systems could help reduce bureaucratic delays, allowing for quicker approval of projects. Additionally, municipalities could share best practices for efficient permitting procedures, helping to standardize and speed up the process across localities.
State-led environmental policies can encourage municipalities to adopt more sustainable development practices. Incentivizing the use of green building standards, energy-efficient zoning, and eco-friendly infrastructure could promote environmentally responsible growth. Ensuring that new developments align with sustainability goals will help mitigate the environmental impact of urban sprawl and improve long-term quality of life for residents.
Conclusion
Pennsylvania’s local government structure presents significant challenges to zoning and development. Fragmented regulations, competing local interests, and a lack of coordinated regional planning can hinder efficient and sustainable growth. However, by embracing regional planning, introducing state-level zoning standards, and streamlining permitting processes, Pennsylvania can foster more cohesive development practices. With collaboration among municipalities, state-level support, and a focus on sustainability, the state can better address the needs of its growing population while protecting its natural resources.
