Opinion: Follow land laws to reap growth benefits

Economic growth is almost universally recognized as beneficial. At the same time, many of its components – such as increased traffic and urban sprawl – may be viewed as harmful. This is especially true when growth affects our homes and neighborhoods. Laws concerning land use seek to influence and even manage development. So, how can we enjoy the benefits of growth while avoiding those effects that we believe will be most harmful to our health or well-being?

Laws governing land use locally are promulgated by each municipality and county within their respective limits under the general category of zoning and subdivision ordinances and regulations. They determine what uses can be made of any particular piece of land. Classifications range from the least intensive single-family residential category through the most intensive, heavy manufacturing. A fundamental purpose is to group land uses by relative intensity and avoid placing the most intensive uses adjacent to the least intensive. Local governments often attach conditions to rezoning. These generally fall into two categories: (1) Special requirements such as landscaping, fencing, and similar screening of noise and lighting to limit the impact on adjacent properties; and (2) construction of public improvements such as intersections and road widening to cope with additional burdens placed on public infrastructure.

The impact of land-use laws on economic activity, and particularly new development, is obvious and direct. The process followed and the decisions made in determining whether and how to permit more intense uses of property have a profound influence on economic growth in a community. Zoning decisions often control whether a new business or expansion of an existing business can occur at all and, if so, at what cost. The search to strike an appropriate balance between economic growth and established neighborhoods and public resources occupies much time and energy from city councils, county commissions, their zoning and subdivision regulation departments and staff. Philosophical viewpoints concerning this balance have a broad range. Some advocate no-growth policies and seek to limit commercial and even residential development to existing city limits. Others believe property rights should be held inviolate with no restrictions on private land use. As always, the devil is in the details and people are naturally inclined to be much more sensitive to the impact of economic growth when it involves their particular home and sense of community.

Many businesses will confront land-use issues, often in direct proportion to their growth. Each business owner or manager facing a zoning request should ask:

• Is there an acceptable location available which is already zoned for the intended use? This is perhaps too obvious, but a way to avoid the time and expense of rezoning is to identify a site where zoning fits the intended use. Zoning districts can be found through the planning departments of the various municipalities and counties. This is also typically part of the work of a commercial realtor.

• If rezoning is required, what is the best process to follow? The starting point is almost always the planning department of the local government where the property is located. If you cannot win at least their conditional support for your proposal, the process is likely to be difficult. A forthright discussion of the proposed use and its potential impact on neighbors and public infrastructure can lead to a cooperative relationship with the planning department. They have several constituencies they must answer to and you need to recognize and respect that fact. Neighbors and adjoining property owners will almost always be a paramount concern. It is important to contact adjoining landowners and let them know your intended use and what steps will be taken to limit any adverse effects on their properties. You should offer to meet with neighbors individually or as a group. If you have planning department support and avoid significant neighborhood opposition, you will be well on your way to a successful outcome.

• Would a lawyer help? Zoning laws are frequently technical and subject to interpretation. A lawyer experienced in land use issues should be able to assist you in determining the specifics of what is needed to accommodate your intended use. Ideally, the lawyer will have a good working relationship with the municipal or county planning staff that is handling the matter. Prior experience in working with neighborhoods to address their concerns is important.

Land-use laws and their enforcement play an important role in economic growth. When it all works, a good balance is struck that allows economic growth at a reasonable cost while preserving the sense of community and quality of life.

Frank Evans III is a member at the law firm of Lathrop & Gage LC.

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