Measure Twice on Consequences of Proposed Moratorium on Large Houses

Daily Camera Guest Opinion

The Boulder County Commission is set to hold a public hearing on placing a six-month moratorium on building larger homes on Sept. 17. While this seems like a modest proposal, the Commissioners need to weigh the serious unintended consequences of such an action.

One must ask, what is the sudden rush? In the construction world, we believe that you should measure twice and cut once. A moratorium needlessly truncates this process.

Had there been a sudden spike in housing permits (Marshall Fire recovery being the exception), it would be understandable. If commissioners believe there is a problem, they should publicly define the concerns and then initiate a process of community involvement to discuss issues and craft any code changes after full due process.

Housing permit applications have remained relatively flat over the last several years. Between higher interest rates, supply chain issues and labor shortages, the market has already delayed the process for many homeowners and homebuilders. The building code is already robust and even cumbersome in Boulder County. It is reasonable to ask for a six-month engagement process to discuss how to best address the future of our community. Adding a moratorium to that process only adds more uncertainty.

In addition to uncertainty, a moratorium sets a poor policy precedent. The Commissioners reflect their constituents’ voices in lauding the importance of housing affordability and environmental sustainability. However, an immediate moratorium does not further those goals. Moratoriums are a tool typically used in a crisis (think the eviction moratorium during COVID or the county moratorium on hydraulic fracturing). It is better to address specific concerns through zoning adjustments following the existing process or incentives for affordable housing.

Stopping Boulder County residents in their tracks today for an undefined policy goal on homebuilding does not fit these criteria for a moratorium. In fact, it may even raise the question as to whether this moratorium amounts to a “takings” issue, as some projects have already begun under the assumption that they would be operating under the existing rules.

Speaking of economic impact, our construction and manufacturing trades depend on predictability in the building code. An abrupt six-month moratorium could result in layoffs for hundreds of workers receiving decent wages. As a society, we have moved towards encouraging our youth to move to trades that provide economic stability without the exorbitant cost of attending college — such as electrical, plumbing and manufacturing.

A large proportion of the construction industry identifies as Hispanic, representing 30% of the construction workforce as opposed to 17.6% in the general workforce. As a community that seeks to increase the diversity and economic stability of our community, a moratorium may in fact do the opposite, leaving not only workers in the construction trades in the lurch, without a job or income, but also hurting the service economy workers that support them if layoffs occur.

This brings us back to that foundational principle in the construction industry, measure twice and cut once. This level of caution is critical when working with construction tools and materials, avoiding what can otherwise be costly mistakes. A moratorium is the most blunt tool in the regulatory field that, when applied recklessly, leaves a destructive path in its wake of lost dreams, income and career. That is why it should only be wielded in the most extreme emergencies.

The Commissioners’ goals come from a place of idealistic concern, but the proposed moratorium is the wrong tool to wield. Before hastily imposing a moratorium, the Commissioners need to examine who this may hurt and what are the potential unintended consequences. The lives you impact will be the residents who you claim to care about in your support of high-wage jobs and community diversity.

In the case of the proposed moratorium, listen to the wise words of the construction industry and you will find, after careful measurement, you don’t even need to cut at all.

Before Commissioners hastily impose a moratorium, they need to examine who this may hurt and what the potential unintended consequences might be.

Jonathan Singer

Jonathan Singer is the Senior Director of Policy Programs at the Boulder Chamber of Commerce. This guest opinion is co-signed by 22 general contractors, subcontractors, and supplies around Boulder County. To see the full list of co-signers, visit www.dailycamera.com.