Is non-zoning of land impossible? Eight fundamental propositions of zoning

Abstract

ABSTRACT This essay explains that by virtue of having its boundary delineated, each parcel of land thus defined (or, more technically, zoned) acquires a unique boundary rendering it a discretely differentiated good. Zoning is about enclosing otherwise common resources with clear boundaries, both land and sea, to constrain rent dissipation, and enable betterment and conservation. By referring to parallels in maritime zoning according to international law and treaties, the discussion frees bundling zoning with U.S. zoning law vocabulary and explores the implications of the generic meaning of zoning as boundary delineation. Zoning is the primeval form of town and country planning. It can be imposed by state command or adopted by mutual agreement between government and individuals, conferring or attenuating rights and/or stipulating obligations. The actual effect of zoning is a case-by-case empirical matter. Zoning has a significant informational dimension and is a form of production, leaving a very rigid physical geographical outcome. Dezoning in the sense of depriving land property of its boundaries is generically impossible: once zoned (and thus created), a plot or parcel cannot be uncreated, just changed.