Government Control on Land Use

  • The government control land use primarily through police power. This affects how land is used, developed, improved, and maintained

  • Zoning

    • Zoning tools and concepts

      Term

      Definition

      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

      Control appearance (e.g., historic districts)

      Buffer zone

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

    • Special zoning situations

      Term

      What it means

      Nonconforming use

      Legal use established before zoning change; “grandfathered” in

      Variance

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

      Conditional use permit (CUP)

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

      Spot zoning

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

  • Subdivision regulations (plat approval)

    • When land is subdivided into lots, the local government must approve:

      • Subdivision plat maps (lot layout, streets, utilities)

      • Street design, grading, and drainage

      • Public dedication of street and utilities

    • MN specific

      • Subdivision must be recorded with the county recorder

      • May be subject to environmental review if large scale development

      • Must comply with local planning commission and zoning code

  • Building codes: set minimum standard for construction, materials, plumbing, electrical, fire safety, etc.

    • Enforced via building permits and inspections

    • Ensures safe and habitable structures

    • Applies to new construction, remodeling, and demolition

    • MN specific

      • MN follows a statewide building code (adopted from the international building code)

      • Local municipalities enforce it through permits and inspections

      • Licensed contractors must follow MN Department of Labor and industry regulations

  • Environmental regulations: protect natural resources and public health

    • National Laws

      Law

      Focus

      Clean Water Act

      Regulates discharge into navigable waters

      Clean Air Act

      Controls air pollutants

      CERCLA (Superfund)

      Governs cleanup of hazardous wastes sites

      Lead-Based paint Disclosure Rule

      Required for homes built before 1978

      • The EPA (Environmental Protection Agency) is the main federal enforcer

    • MN specific

      • MN Pollution Control Agency (MPCA) enforces:

        • Wetland protection

        • Septic system regulations

        • Storm water runoff standards

      • Development near lakes/rivers must follow Shoreland management rules

      • Local ordinances may restrict building floodplains, wetlands, or conservation areas

  • Land use plans/master plans: long-term planning tool adopted by local governments to guide growth and land use decisions

    • Key parts:

      • Zoning updates

      • Infrastructure planning (roads, utilities)

      • Environmental conversation areas

      • Affordable housing strategies

      • Commercial and industrial expansion zones

  • Taxation and special assessments: also influences land use behavior

    • High taxes on undeveloped land may encourage development

    • Special assessments fund improvements (sidewalks, sewers) that benefit specific properties

    • In MN, local governments can assess and lien the property