Land Use Controls, Regulation, and Environmental Issues
Public and private controls
Police power supports zoning, building codes, subdivision/platting rules, and health regulation. Private controls - CC&Rs, deed restrictions, easements - can be stricter than zoning. Eminent domain requires public use and just compensation; exactions attached to permits must be roughly proportional to the impact.
Zoning vocabulary: a variance relieves hardship from a dimensional standard (setback, height); a conditional use/special exception permits a use the ordinance contemplates, subject to conditions; a nonconforming use was lawful when the ordinance changed and generally cannot be expanded or revived after abandonment. Spot zoning (singling out one parcel) is disfavored.
Environmental issues
CERCLA imposes strict liability for hazardous releases, with limited lender and fiduciary protections. Wetlands are regulated under Clean Water Act §404. Federal lead-disclosure rules apply to pre-1978 housing, sales and rentals alike. Radon, asbestos, mold, and underground storage tanks are routine inspection concerns.
Alaska specifics
Outside organized boroughs there is often no local zoning, so state permits and covenants fill the gap. Alaska's anadromous fish statute requires notice to the Department of Fish and Game before using heavy equipment in or across streams used by salmon. Onsite wastewater systems must meet state and municipal standards.
Traps
- Confusing a variance with a conditional use.
- Assuming a nonconforming use can be enlarged.
- Overlooking lead disclosure on rentals.
Rule of thumb
'Decrease = variance, increase = conditional use': relief from a standard is a variance; adding a listed but conditioned use is a special exception.