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Unwritten Land Use Rules
Wednesday, March 2nd, 2011
Robert Wechsler
I had a conversation with a developer the other day, which got me
thinking in what I think are interesting ways about unwritten land use rules.
Pressures on Developers
One thing the developer emphasized is how much pressure buyers of parcels often put on a developer to cut through all the land use procedures, which can take many months or even years. On the other side are officials who have a way of doing things that can speed up the process. These ways are part of doing business in the city or county, not something out of the ordinary done by a bad apple on a dark and stormy night.
The parcel owner doesn't care if the developer makes use of the unwritten rules. And the officials are happy if the developer makes use of them. How many developers are going to have enough integrity to tell their parcel owners that they're going to have to wait because the developer wants to do things by the book?
I'm not saying that developers are always merely complicit. There are many occasions where the only pressure is money pressure on them, and where they are the ones pushing the envelope. What I am saying is that it's important to look at things from the developer's point of view, and to see how a poor ethics environment can make it hard on them to play by the written rules rather than the unwritten rules.
Unethical Warnings
Another thing the developer said really got me thinking. He said that there are occasions — I assume when an investigation is on, or there has been a land use scandal — when the unwritten rules no longer work, and you have to follow the written rules, because they're being enforced. He said that, when this happens, they let you know.
Think about it. Letting you know is a very ethical act. It's watching out for others, preventing them from getting into trouble. It makes people follow the rules.
It is also perfectly legal. There is no rule against letting permit seekers know what the rules are and that they must be followed. It is the last thing that would ever be prohibited.
And yet it is deeply unethical, because it is also protecting the unwritten rules from being discovered, and a lot of others from getting caught. It's effectively the call of the crooks' lookout man, letting everyone know the cops are coming and they better stash away the guns and the loot.
That's a good thing for the gang, and anyone who might be hanging around with them, but it's a way to preserve the gang, not a way to move forward toward a good ethics environment. And it's a way to provide security to those, like developers, who hang around with the gang and would not do so if they knew the jig might be up any minute. If they know they'll be given warning, then they can more comfortably go along with the unwritten rules.
Robert Wechsler
Director of Research-Retired, City Ethics
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Pressures on Developers
One thing the developer emphasized is how much pressure buyers of parcels often put on a developer to cut through all the land use procedures, which can take many months or even years. On the other side are officials who have a way of doing things that can speed up the process. These ways are part of doing business in the city or county, not something out of the ordinary done by a bad apple on a dark and stormy night.
The parcel owner doesn't care if the developer makes use of the unwritten rules. And the officials are happy if the developer makes use of them. How many developers are going to have enough integrity to tell their parcel owners that they're going to have to wait because the developer wants to do things by the book?
I'm not saying that developers are always merely complicit. There are many occasions where the only pressure is money pressure on them, and where they are the ones pushing the envelope. What I am saying is that it's important to look at things from the developer's point of view, and to see how a poor ethics environment can make it hard on them to play by the written rules rather than the unwritten rules.
Unethical Warnings
Another thing the developer said really got me thinking. He said that there are occasions — I assume when an investigation is on, or there has been a land use scandal — when the unwritten rules no longer work, and you have to follow the written rules, because they're being enforced. He said that, when this happens, they let you know.
Think about it. Letting you know is a very ethical act. It's watching out for others, preventing them from getting into trouble. It makes people follow the rules.
It is also perfectly legal. There is no rule against letting permit seekers know what the rules are and that they must be followed. It is the last thing that would ever be prohibited.
And yet it is deeply unethical, because it is also protecting the unwritten rules from being discovered, and a lot of others from getting caught. It's effectively the call of the crooks' lookout man, letting everyone know the cops are coming and they better stash away the guns and the loot.
That's a good thing for the gang, and anyone who might be hanging around with them, but it's a way to preserve the gang, not a way to move forward toward a good ethics environment. And it's a way to provide security to those, like developers, who hang around with the gang and would not do so if they knew the jig might be up any minute. If they know they'll be given warning, then they can more comfortably go along with the unwritten rules.
Robert Wechsler
Director of Research-Retired, City Ethics
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