Government Control on Land Use

How does the government primarily control land use?

Police power. It affects how land is used, developed, improved, and maintained

Setback

Distance required between building and property line

Density

Maximum number of units per acre

Bulk zoning

Controls building height, size, floor area

Aesthetic zoning

Controls appearance (e.g., historic districts)

Buffer zone

Areas of land used to separate incompatible zones (e.g., park between commercial and residential)

Non-conforming use

Legal use established before zoning changes; “grandfathered in”

Variance

Legal exception granted for hardship; allows a violation of zoning rules

Conditional use permit

Allows special land use that benefits the community (e.g., church in residential area)

Spot zoning

Rezoning one property differently than the surround area; legal if justified

What must the government approve when land is subdivided?

The government must approve plat maps, street design, drainage, and public dedication of streets and utilities

Who records subdivisions in MN?

The county recorder

Building codes

Minimum standard for construction, materials, plumbing, electrical, fire safety, etc.

How are building codes enforced?

Enforced through building permits and inspections

Why are building codes needed?

They ensure safe and habitable structures

Where do building codes apply?

They apply to new construction, remodeling, and demolition

Environmental regulations

protect natural resources and public health

Clean Water Act

Regulates discharge into navigable waters

Clean Air Act

Controls air pollutants

CERCLA (Superfund)

Governs cleanup of hazardous waste sites

Lead-based Paint Disclosure Rule

Required for homes built before 1978

What does the EPA do?

It is the main federal enforcer of environmental regulations

What does the MN Pollution Control Agency (MCPA) do?

They enforce wetland protection, septic system regulations, and storm water runoff standards

Land use plans/master plans

long term planning tool adopted by local governments to hide growth and land use decisions

What are the key parts of a master plan?

Zoning updates, infrastructure planning, environmental conversion areas, affordable housing strategies, and commercial and industrial expansion zones

How does taxation and special assessments influence land use behavior?

High taxes on undeveloped land may encourage development