Friday photo: a room with a view

C&O Lockhouse 22: your very own waterfall (well, waste weir)

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The C&O Canal’s Lockhouse 22 made a great destination for a Thanksgiving-holiday S24O. Not only is it an easy 40-mile roundtrip from Georgetown along the easy towpath, but Pennyfield Lock is situated on a secluded stretch of the river, surrounded by protected lands on both sides of the river — Blockhouse Point Park, the Dierssen waterfowl sanctuary, and NoVa’s Seneca Park.C&O Lockhouse 22, Travilah/Tobytown, MD

Not mentioned among Lockhouse 22’s amenities was that running water surrounds this lockhouse. Mike High’s book notes that Pennyfield has a “waste weir” that directs canal overflows into the Potomac just upstream of the lock; since this is the first lock below Seneca, where the downstream reach of the canal is watered, there’s usually a good flow across the weir. There’s also a bypass flume just inland from the canal, which also burbled with water headed for a small, stream-fed pool just below the lock.

By contrast, the closer-in Canal Quarters lockhouses (#6 and #10) might have electricity but are surrounded by traffic (Clara Barton Parkway) rather than water. Lockhouse #25 is just a few miles up, but looks out at the Lansdowne golf course rather than parkland. At mile 49, #28 pushes the boundaries of a weekend trip and sits next to busy railroad tracks, and #49 looks grand but is way out west.

Yes, the cabin was chilly — the thick stone walls keep the interior cave-like year-round — and a bit spooky at night, especially when light reflected off the rising moon suddenly appeared. The firewood had been scattered about the woods by vandals, but fallen wood was plentiful. Since it was winter, the water pumps are locked and we had to pack in a couple of bottles of water. At $100 a night, it would make a superb rustic getaway for a small group.

Al Hanna and the case of the missing Chicago comp plan

Chicago zoning envelope illustration, 1923

My once-colleague Steven Vance recently noted Chicago’s surprising lack of planning. Indeed, for a couple of years there (as Hunt and DeVries point out in Planning Chicago [great PDF overview]) the city bureaucracy didn’t even have a planning department — just Housing and [economic] Development. That was just as well, of course, since there wasn’t any planning being done then, or since.

Chicago technically did adopt a Comprehensive Plan… in 1966. (Next year, it’ll be eligible for the National Register of Historic Places.) I had long been under the impression that Chicago simply strong-armed pliant courts into not prosecuting this absurd state of affairs, but Steven’s post prompted me to look up Illinois’ municipal code regarding planning and zoning. To my surprise, Illinois has always had a surprisingly lenient Municipal Code — which relieves cities of any obligation to update their comp plans, or to have their zoning be consistent with a comp plan. Under Illinois law, if the Plan Commission says the zoning is so, then so be it; “arbitrary and capricious” claims be damned.

Nonetheless, one brave gadfly, Lincoln Park mortgage broker Al Hanna, once somehow managed to escalate the little matter of zoning’s potential unconstitutionality into state courts some years ago. (This was while I was in college, and working on a project related to the city’s zoning code update — which, of course, drew no legal authority from any stinkin’ comp plan.) Judge Sidney Jones remanded the case with the comment that “[t]he City of Chicago has, and had, no comprehensive plan for development… which renders its zoning decisions to become more subject to scrutiny… [the downzoning] was not passed for public welfare or the public good, but was passed only in deference to the wishes of a few individuals.”

Alas, the city’s lawyers have wiggled their way out from most of Hanna’s suits. For example, Chicago long ago (apparently in 1970, via Public Act 76-583) dropped a special “lawsuit poison pill” into the state’s zoning enabling law [emphasis added]:

(65 ILCS 5/11-13-8) In municipalities of 500,000 or more population,* when any zoning ordinance, rule or regulation is sought to be declared invalid by means of a declaratory judgment proceeding, not more than 30 days before filing suit for a declaratory judgment the person filing such suit shall serve written notice in the form and manner and to all property owners

I don’t agree with Al about the legal merits of Chicago’s historic landmark law, but on zoning, he does have a point. Outside of downtown, no plan grounds Chicago’s zoning ordinance in the facts.

* This, and similar constructs, is legal code for “City of Chicago” and is found throughout Illinois state law. Illinois’ second-largest city has a population of fewer than 200,000.

Update 2018: Hanna exacts a bit of revenge, by funding CAFHA’s damning report on how non-planning directly reinforces segregation.