8.2 Public Land Use Control

Public Land Use Control

At the state level, legislatures enact laws to control and restrict land use, especially for environmental protection. Locally, counties and cities use police power to regulate land use through:

• Zoning ordinances
• Subdivision regulations
• Building codes
• Eminent domain (public acquisition)
• Environmental restrictions
• Development requirements

Zoning: The primary tool for implementing master plans. Zoning ordinances specify allowable land uses (residential, commercial, industrial, agricultural, public, planned unit development), regulate density, aesthetics, site development, and building standards. Zoning must be clear, apply equally, and serve the community’s health, safety, and welfare.

Zoning Administration: A zoning board of adjustment (or appeals board) interprets ordinances, hears appeals, and grants:

• Nonconforming use (legal/illegal)
• Variance (hardship)
• Special exception (public good)
• Zoning amendments (zone changes)

Subdivision Regulation: Developers must submit plats for approval, showing compliance with zoning/building standards. Requirements cover streets, utilities, lot sizes, public dedications, easements, and environmental impact. Concurrency policies require developers to address infrastructure impacts as projects are built.

Building Codes: Set standards for construction quality, safety, and systems. Compliance is enforced through inspections and certificates of occupancy.

Public Acquisition & Eminent Domain: Governments may acquire land for public use (roads, schools, parks) by purchase or through eminent domain (condemnation and just compensation). All levels of government and certain public entities have this power, but must justify public necessity and follow due process.

Environmental Restrictions: Laws may limit land use to protect air, water, soil, and natural resources.

Check-In Questions

• Which of the following is NOT a typical type of zoning?
  Residential
  Commercial
  Industrial
  Recreational vehicle only
  Show Answer

  Correct Answer: Recreational vehicle only
  Standard zones are residential, commercial, industrial, agricultural, public, and PUD.
• What is the purpose of a zoning variance?
  To allow a use that differs from the ordinance due to hardship
  To eliminate all building codes
  To change property ownership
  To set property taxes
  Show Answer

  Correct Answer: To allow a use that differs from the ordinance due to hardship
  Variances address unique situations where strict compliance is unreasonable.