How Regulations Affect Property Use |
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| If you’re interested in buying land for real estate development, you’re going to have to successfully navigate a maze of intersecting local and private regulations. | ||||||||
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Here’s a short list
of some regulations you’re likely to encounter:
Subdivision regulations:a) These ensure that there’s adequate infrastructure and access to parcels of land before they’re sold. b) They create clear titles to land. c) They’re guided in part by zoning regulations, which set minimum lot area, frontage, and other dimensional standards. |
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Floodplain and wetlands approval:a) You can’t build in a floodway, and you’re limited in what you can build in a floodplain. FEMA offers maps to help developers determine these areas.
b) Maps can sometimes be refined through construction or a petitioning process, so consult a qualified engineer if you have any questions. c) If you buy existing property in a floodplain, the National Flood Insurance Program is the best available insurance. d) Local regulations may prohibit or discourage development in wetlands. e) If any wetlands development is allowed, it’s likely that some local review process will be required for approval. Traffic regulation:a) Local governments write traffic regulations to help ensure safe and convenient passage through neighborhoods. b) The level of traffic is measured in terms of service, from free-flowing to gridlock. A professional traffic engineer can handle traffic review projects.
c) Traffic issues rarely derail development projects, as most problems can be solved through road widening, turning lanes, and signalization. Design review:a) Many local governments have design review boards that help advise some decision-making body, like a city council, whether to approve a proposed project’s design. Historic District review:a) In historic districts, the local government regulates the appearance of buildings, usually the portions visible from public view. Environmental permitsa) The state and local environmental permitting processes often overlap, although some permits are unique to the state level, involving issues of regional and statewide concern. b) Before beginning any project, always contact federal, state, and local officials to inquire whether your project may require a comprehensive environmental review. c) If you have coastal property, check for the 100-year flood elevation and look at the resource maps available from state authorities for the location of any protected plant species or organisms on the site. Federal regulationsa) The Fair Housing Amendments Act prohibits discrimination against individuals protected by the Americans with Disabilities Act. Thus, group homes for such individuals must be allowed in any single-family residential development. b) The Religious Land Use and Institutionalized Persons Act ensures that local governments can’t unreasonably restrict the free exercise of religion. Thus, people using their homes for religious activities usually can’t be restricted by local ordinances. Disclaimer: This article is provided for information use only. It does not take the place of an attorney, a tax advisor, or an accountant. Always seek out the advice of a licensed professional before undertaking any significant change in your financial situation.
We at Valerie Fitzgerald and Associates realize that you are in the information gathering stage of your purchase and we respect your privacy. Should you have any questions, please feel free to email us at info@valeriefitzgerald.com or call us directly at 310-285-7515. If you or anyone you know is looking to buy or sell a home, please note that we can provide detailed information and access to Beverly Hills Homes for Sale Brentwood Homes for Sale Bel Air Homes for Sale Sunset Strip Homes for Sale Los Angeles Homes for Sale Santa Monica Homes for Sale Malibu Homes for Sale You can count on the services of Valerie Fitzgerald and Associates to provide you with information you can trust.
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