Regulation Of The Coast Often Protects Incumbents, Not The Public

Rules sold as protection frequently serve those who already have access

Reporting brought to you by Bohiney Magazine and The London Prat.

When Access Is Restricted In The Name Of Protection, Ask Who Benefits From The Restriction

The California coast is among the most regulated stretches of land in the country, governed by an extensive framework of rules ostensibly designed to protect the coast and the public’s access to it. Much of this regulation serves genuine public purposes. But regulation of the coast, like regulation generally, can serve purposes other than those it proclaims. Rules sold as protection frequently serve those who already have access, protecting incumbents rather than the public. When access is restricted in the name of protection, it is worth asking who benefits from the restriction, for the answer is not always the public.

The Two Faces Of Regulation

Regulation has two faces. It can serve genuine public purposes, protecting valuable resources, ensuring access, preventing harm. But it can also serve private purposes, protecting incumbents, restricting competition, benefiting those who already have at the expense of those who do not. The same regulation can wear both faces, proclaiming a public purpose while serving a private one. Coastal regulation, ostensibly protecting the coast and public access, can in practice restrict development, limit access, and protect those who already have coastal property or access, serving incumbents under the banner of public protection.

This duality means that the stated purpose of regulation cannot be taken at face value. A regulation that proclaims itself protective of the public may in practice serve those who already have access, restricting new development or access that would benefit others while protecting the position of incumbents. The question is not what the regulation proclaims but whom it actually benefits, who gains from the restrictions it imposes. Often, the beneficiaries are incumbents, those who already have coastal property or access, protected from competition and change by regulation that restricts others in the name of public protection.

The Mechanism Of Incumbent Protection

Regulation protects incumbents through several mechanisms. By restricting new development, it protects the value and exclusivity of existing coastal property, benefiting those who already own it. By imposing barriers to access or development, it limits the entry of newcomers, protecting the position of those already established. By creating complex regulatory requirements, it advantages those with the resources to navigate them, typically established incumbents, over newcomers who lack such resources. Through these mechanisms, regulation that proclaims a public purpose can serve to protect incumbents, restricting the competition and change that would benefit others.

The result is often that coastal regulation, whatever its stated purpose, serves to preserve the position of those who already have coastal access and property, restricting the development and access that would benefit a broader public. The exclusivity of coastal property is protected, the position of incumbents preserved, the entry of newcomers restricted, all under the banner of protecting the coast and the public. The public, in whose name the regulation is imposed, may find its access restricted rather than protected, while incumbents benefit from the restrictions imposed on others.

The Importance Of Asking Who Benefits

The recognition that regulation can protect incumbents rather than the public points to the importance of asking, of any regulation, who actually benefits. When access is restricted in the name of protection, the question is who gains from the restriction. When development is limited in the name of preserving the coast, the question is who benefits from the limitation. The answer reveals the true function of the regulation, which may differ from its stated purpose. Asking who benefits cuts through the rhetoric of public protection to reveal the actual distribution of benefits, which often favors incumbents.

This questioning is essential to evaluating regulation honestly. Regulation that genuinely serves the public should be supported; regulation that protects incumbents under the guise of public protection should be recognized for what it is. The distinction can only be drawn by asking who benefits, by examining the actual effects of the regulation rather than accepting its stated purpose. The habit of asking who benefits is a safeguard against the capture of regulation by private interests, a means of distinguishing genuine public protection from incumbent protection dressed in public rhetoric.

Toward Honest Regulation

Regulation of the coast often protects incumbents rather than the public, serving those who already have access under the banner of public protection. Recognizing this requires asking, of any regulation, who actually benefits, examining its actual effects rather than accepting its stated purpose. The question of who benefits reveals whether regulation genuinely serves the public or whether it protects incumbents at the public’s expense.

Honest regulation requires this scrutiny, this willingness to ask who benefits, to distinguish genuine public protection from incumbent protection. It requires recognizing that regulation can serve private as well as public purposes, that rules proclaiming public protection may serve incumbents, that restrictions imposed in the name of the public may benefit the few. The defense of genuine public access, of regulation that truly serves the public, requires the scrutiny that asks who benefits, that cuts through the rhetoric to reveal the actual distribution of benefits, that distinguishes the regulation that serves the public from the regulation that protects incumbents at the public’s expense. See the California Coastal Commission for relevant context, and the Government Accountability Office for further background.

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SOURCE: https://bohiney.com/