Should Students Be Zoned Out?

Although suburbs with college campuses are often eager to zone out students, this sort of exclusionary zoning has its own negative side effects.

2 minute read

April 26, 2014, 10:08 PM PDT

By Michael Lewyn @mlewyn


Dartmouth Dorms

Art Phaneuf - LostArts / Shutterstock

In Long Island where I teach, colleges and universities are engaged in a dorm-building boompartially to attract out-of-town students, but partially because zoning rules often prevent student-oriented off-campus housing such as apartments and group houses.

The Supreme Court has upheld such zoning ordinances; in a 1974 decision upholding one Long Island suburb's right to exclude group houses, Justice Douglas wrote:

A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs...It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people.

Justice Douglas's decision to use "youth values" as a reason to exclude college students seems a bit bizarre to me. Nevertheless, such restrictive zoning is understandable; I suspect that the middle-aged suburban homeowners believe that college-age students are far too likely to get drunk, drive recklessly, or have noisy parties (or worse still, do all three at the same time). Moreover, high car insurance premiums for college-age drivers suggest that this prejudice is rooted in empirical reality. 

On the other hand, anti-student zoning creates its own problems. If students don't have any place to live near a college, they have to commute to the college. And in the automobile-dependent suburbs of Long Island, this usually means lots of driving. So ironically, a zoning strategy designed to create places where (in Justice Douglas's words) "motor vehicles [are] restricted" in fact may create traffic jams and pollution near universities.

As noted above, on-campus housing may well solve this problem, by allowing students to get to school without driving. This strategy may work well in the long run, especially if students do not bring cars to the dormitories with them. However, a municipality cannot always rely on a university's willingness to build dormitories, since dorm construction requires time and money.


Michael Lewyn

Michael Lewyn is a professor at Touro University, Jacob D. Fuchsberg Law Center, in Long Island. His scholarship can be found at http://works.bepress.com/lewyn.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Small rural USPS post office in manufactured one-story grey building with American flag in front.

Delivering for America Plan Will Downgrade Mail Service in at Least 49.5 Percent of Zip Codes

Republican and Democrat lawmakers criticize the plan for its disproportionate negative impact on rural communities.

February 12, 2025 - Cowboy State Daily

Chicago

Test News Post 1

This is a summary

April 8 - 2TheAdvocate.com

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog

Military humvee driving through gate at Fort Indiantown Gap Natl Guard training center in Pennsylvania surrounded by winter trees and dead leaves.

Balancing Bombs and Butterflies: How the National Guard Protects a Rare Species

The National Guard at Fort Indiantown Gap uses GIS technology and land management strategies to balance military training with conservation efforts, ensuring the survival of the rare eastern regal fritillary butterfly.

February 24 - Esri Blog