GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2025

Status

Accepted

Abstract

Cape Cod is known for its natural beauty, recreational opportunities, and historical significance – attracting around 4 million visitors every year. People not only want to visit the Cape; they also want to live there. Since 2017, the region’s residential population increased by 9% to more than 232,000 year-round residents. Unfortunately, the number of available housing units has not kept up. The Cape faces not only a housing shortage, but also a housing affordability gap. Current residents recognize these issues. In a recent survey, 84% of Cape Cod residents called housing affordability a “moderate or serious problem,” and more than 60% said they would welcome more affordable ownership and rental housing in their own towns. Many factors contribute to the Cape’s housing market conditions, including the lack of water and sewer infrastructure, which precludes larger-scale development. But restrictive zoning is a significant factor – and one that is key to developing more diverse housing options. This report, delivered to the Cape Cod Commission by the National Zoning Atlas (NZA), presents findings that show how current Cape Cod zoning limits new housing and makes it more expensive. Part II of the report outlines the Cape’s housing supply and affordability gaps, then Part III explains how zoning influences these housing gaps. Next, Part IV explains how NZA analysts documented zoning in each of the 15 independent towns in Barnstable County. In Part V, the report delves into NZA data to offer a fine-grained, community-by-community look at the way the county zones. It finds that all 15 towns have zoning, and 60% of land in the county is subject to zoning. Of the land that is zoned, 97% allows for residential uses. The portion of residential land allowing single-family housing as of right (95%) dwarfs the portion allowing four-or-more-family housing as of right (1.5%). 78% of land allowing for single-family housing requires a minimum lot size of 40,000 square feet (~1 acre) or more. And local codes banned accessory dwelling units on one-fifth of land allowing single-family housing, and restricted occupancy or required a public hearing on three-quarters of single-family land - making their implementation of the 2024 Affordable Homes Act something to watch. Part VI concludes with recommendations for changing zoning regulations to enable more housing, and more affordable housing.

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