Land Use, Zoning, Environmental Issues, and Property Management
What this domain tests
This domain tests zoning, variances, nonconforming uses, environmental liability, and property management duties. Expect questions on what a variance does and who bears cleanup liability.
Zoning and land use
Zoning regulates use, height, bulk, density, and setbacks. A variance relieves hardship; a special or conditional use permit allows a specific use. A nonconforming use may continue but generally cannot expand. Planned unit developments allow flexible mixed use. Subdivision requires plat approval. Eminent domain requires public use and just compensation. Easements and covenants can run with the land.
Environmental issues
CERCLA imposes strict liability on current owners and operators and on past owners at the time of disposal. The innocent landowner defense requires due diligence, often a Phase I environmental site assessment. Wetlands are regulated under Clean Water Act Section 404. Flood zones require insurance for federally related loans. Lead, asbestos, and radon have disclosure and remediation rules.
Property management
Managers must maintain habitable premises, follow fair housing, handle security deposits under state law, account for funds, and manage common areas. The manager's authority comes from the management agreement.
Worked example
A buyer purchases a warehouse and later discovers contaminated soil. As current owner, the buyer may face CERCLA liability even without causing the contamination. A Phase I assessment before purchase supports the innocent landowner defense; a Phase II tests for contamination.
Traps
Do not assume a variance changes the permitted use. Do not assume a nonconforming use can expand. Do not assume environmental liability requires fault. Do not ignore habitability and security-deposit rules.