THE LAND-USE IMPLICATIONS OF TRANSIT-ORIENTED DEVELOPMENT: CONTROLLING THE DEMAND SIDE OF TRANSPORTATION CONGESTION AND URBAN SPRAWL

Abstract

This article summarizes the results of a comprehensive survey of transit agencies throughout the United States, as well as a survey of the case law and state statutes on transit oriented development (TOD). TOD represents a significant departure from traditional land use practice; because the concept is in its infancy, it hase not generated litigation, yet many features of DOT strategies, such as traditional neighborhood development and village policies, parking restrictions, and concurrency management have been litigated. At the conceptual level TOD has a sound legal and constitutional basis. Overall, TOS is a promising concept that offers to bolster transit ridership while producing affordable housing and economic development opportunities along transit corridors. It responds to real public need and is increasingly recognized in state enabling legislation. While it does raise some legal issues with regard to implementation, these issues are not insurmountable.