If you are thinking of making a change to how you are using a piece of real estate, you need to ask yourself, “do I need a permit for this change?” Whether it’s building a home or accessory structure, converting a home to business use, or dividing a larger lot into multiple lots, you will likely need one or more permits from some governmental entity. The tricky question that you need to answer, which permits do you need?
Read MoreSo your family has been holding on to a small, vacant piece of real estate for decades. You never really got around to building anything on it and have decided now is the time to develop. Surprise, your lot is smaller than your town’s minimum lot size for single family homes. Further, even a small house would be in violation of the town's setback requirements. Are you completely out of luck and stuck with a useless piece of property? Not necessarily. Some lots will be eligible for variances, which will relax zoning requirements in some circumstances.
Read MoreLand use is frequently a challenging and complicated area when new housing developments arise. New land uses often leave municipal and state regulators unsure of how to regulate. For example, some cities were initially unsure how to handle the rise of short term rentals through Air BNB, leading to new regulations. Alternatively, the growing number of people looking to operate food trucks has also led to regulatory adaptation. The tiny house movement is another such development that currently needs attention.
Read MoreSince 1926 when the U.S. Supreme Court held that local governments had valid interests to enact zoning regulations, zoning has been a central part of land use regulation by municipalities. Zoning ordinances have provided governments with the tools to manage the growth and development of their communities.
Read More"It's my property, I can do what I want" is a common statement made by some landowners. With the increase in land use regulation and zoning, it has increasingly become a falsehood. Land use regulations greatly impact how real property is used and can often prohibit seemingly harmless actions. For example, some Portland landowners are facing enforcement actions for renting out their property on Airbnb.com.
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