Land Use and Environmental Regulations
Zoning and Land Use Controls
Zoning regulates use by district (residential, commercial, industrial) and controls bulk via setbacks, height, lot coverage, and density. Know nonconforming use (pre-existing use allowed to continue), variance (hardship relief), special/conditional use permit (permitted with conditions), and spot zoning (generally invalid if arbitrary).
Subdivision and Development
Understand subdivision platting, dedication, and the difference between plat and plan. Environmental overlays, floodplains, and wetlands restrict development. The comprehensive plan guides zoning; zoning must be consistent with it.
Environmental Laws
Know the major federal frameworks conceptually: CERCLA (Superfund liability for hazardous waste), Clean Water Act (wetlands/dredge and fill), Clean Air Act, and NEPA (environmental impact statements for major federal actions). Also understand lead-based paint disclosure (pre-1978 housing), asbestos, radon, mold, and underground storage tanks. Traps: confusing disclosure duties with remediation duties, and assuming a Phase I assessment tests soil (it is a records/visual review).
Worked Example
A homeowner operates a retail shop in a residential zone that predates the zoning ordinance. This is a nonconforming use; it may continue but generally cannot be expanded. A new owner wanting to enlarge it would need a variance or rezoning.
Rule of Thumb
Match the tool to the problem: hardship → variance; conditional use → special permit; existing use → nonconforming; broad policy → comprehensive plan.