How Did We Ever Survive Without Zoning?

So .. In Lansing, there is great ballyhoo about Lansing “returning zoning power to the local governments.”

All well and fine .. but

There was a time when homes were built by families with sweat, timber, and willpower. Before the advent of bureaucratic overreach, people lived in homes they designed, worked in businesses they created, and adapted their communities through mutual interest and common sense. Today, we’re told we cannot build like our parents did. We’re trapped in a maze of restrictive zoning laws enabled by the Michigan Zoning Enabling Act (MZEA) of 2006—a law that stifles private property rights, innovation, and natural development.

As a real estate agent working in Northern Michigan, I see firsthand the impact of these constraints. Buyers are fighting for affordability while sellers—who must often become buyers again—face a new market skewed by government-imposed scarcity. My goal is to ensure both sides find the best value, despite a system that increasingly works against them.

Private Property Is a Natural Right

The foundational documents of our nation—the Declaration of Independence, the U.S. Constitution, and the Michigan Constitution—all underscore the importance of individual liberty. The phrase “Life, Liberty and the Pursuit of Happiness” was always intended to imply property rights. In fact, early drafts of the Declaration explicitly referenced “property” as a natural right. The U.S. Supreme Court has routinely acknowledged that property rights are fundamental. Yet, zoning has slowly eroded that bedrock principle.

What Is Zoning Enabling, and Why Should We Care?

The Michigan Zoning Enabling Act grants local governments the power to regulate land use through zoning ordinances. On the surface, this might seem like a way to promote orderly development. But in practice, it’s a gateway to restrictive, top-down control that prioritizes political power over individual freedom. Residents now need permission to build a shed, subdivide their land, or even plant a particular bush because “the neighbor says I can’t have that bush.”

Zoning: A Civil Rights Violation in Slow Motion

Zoning ordinances are a form of behavior control without due process. Local governments claim they are protecting the health, safety, and welfare of the public. But those terms are so vague and overused that they justify nearly any intrusion. Civil liabilities are now used to coerce compliance, bypassing judicial processes and criminal thresholds. Zoning boards act as unelected arbiters of taste, deciding what is “appropriate” with no real accountability.

Zoning Creates Artificial Scarcity

Zoning is a great way to raise the price of land. Arbitrary restrictions on lot sizes, building height, or land usage reduce the available supply, driving up costs. It is also a great way to raise the price of construction, thanks to ridiculous planning gauntlets, mandatory green space requirements, and convoluted architectural standards that have nothing to do with safety or practicality.

Natural Development Would Follow Real Need

Left to their own devices, communities naturally evolve to meet demand. When demand for housing or services increases, entrepreneurs respond. But when zoning laws micromanage every square foot of land, natural development is strangled. The result? Housing shortages, increased homelessness, and stagnation.

A Look at the Numbers

To illustrate how far we’ve come—and not in a good way—here’s a look at inflation-adjusted home prices and land values since the 1970s:

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How to Read This Chart:

Blue Line (Circles): Median home price in the United States, adjusted to 2023 dollars.

Orange Line (Squares): Average land value per acre, also in 2023-adjusted dollars.

Even after accounting for inflation, real costs have ballooned—fueled by planning restrictions, zoning rules, and bureaucratic friction.

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The Problem with the “Local” Defense

“Local control” is often touted as a virtue, but just because it’s local doesn’t mean it’s smarter. Local zoning boards are often petty, political, and prone to power plays. Getting permission from the appeals board turns into a humiliating exercise in groveling. It rewards connected insiders and punishes innovation.

The Abuse Argument Cuts Both Ways

Of course there are people who will abuse free choice. But there are also people who abuse restrictive choice. The notion that centralized rules eliminate abuse is naive. Zoning has enabled discriminatory practices, economic gatekeeping, and neighborhood fiefdoms that strangle opportunity.

Information Overreach

To enforce zoning codes, the government needs to know far too much. This intrusive oversight turns neighbors into informants and local officials into bureaucratic overlords. It violates the principle of limited government and fosters resentment, not community.

Stated Benefits vs. Reality

Proponents of zoning claim it provides order, protects property values, and preserves community character. Yet studies have shown that rigid zoning often has the opposite effect: discouraging investment, concentrating poverty, and prolonging racial and economic segregation. The Michigan Constitution guarantees equal protection under the law—zoning creates unequal outcomes with legal cover.

A Legal Challenge Waiting to Happen

The Michigan Zoning Enabling Act, though legally enacted, raises serious constitutional questions. It potentially violates:

• The U.S. Constitution’s 14th Amendment Equal Protection Clause.
• The 5th Amendment’s Takings Clause (when zoning restricts reasonable use).
• The Michigan Constitution’s guarantees of due process and private property rights.

Zoning Enables Tyranny, Not Community

Zoning enabling is not about protecting neighborhoods. It’s about control. It’s about replacing voluntary cooperation with state-sanctioned permission slips. If we want to reclaim our rights, we must dismantle the zoning apparatus and return to a system that trusts individuals, fosters natural development, and respects the core American principle of private property.

It is time to ask: Whatever happened to private property? Why are we still pretending zoning protects us, when it so clearly imprisons us? We need to reassert our rights before the only thing we can own without a permit is our opinion—and even that may be next on the chopping block.

And as someone who works daily in the real estate market of Northern Michigan, I can tell you firsthand: zoning doesn’t just hurt buyers—it hurts sellers too. The American Dream of property ownership shouldn’t require a legal team and a blessing from the planning commission. It should just require initiative, investment, and freedom.