Legal Definitions - land use

Land use refers to the specific purpose for which a parcel of land is developed, managed, or preserved, and the legal framework, policies, and agreements that govern these activities. It encompasses how land is utilized—whether for housing, commerce, industry, agriculture, recreation, or conservation—and the rules, both public and private, that dictate what can and cannot be done on a particular piece of property. The aim of land use regulations is often to manage growth, protect natural resources, ensure public safety, and maintain community character.

• Example 1: Urban Zoning Regulations

  A city council votes to rezone a large, undeveloped parcel of land on the outskirts of town from "agricultural" to "mixed-use residential and commercial." This change allows developers to build a combination of apartment buildings, small shops, and restaurants on the property, whereas previously it could only be used for farming.

  How it illustrates land use: This example demonstrates how governmental bodies (the city council) use zoning laws to dictate the permissible use of land. By changing the zoning, the city is directly controlling what types of structures and activities are allowed on that specific parcel, shifting its designated purpose from agriculture to a blend of housing and businesses.

• Example 2: Homeowners' Association Covenants

  In a suburban housing community, the Homeowners' Association (HOA) has established covenants that prohibit residents from operating commercial businesses out of their homes, building fences taller than six feet, or painting their houses in colors not approved by the association.

  How it illustrates land use: Here, land use is governed by private agreements rather than public law. The HOA covenants restrict how individual homeowners can use their private property within the community, such as preventing commercial activities or dictating aesthetic choices, thereby shaping the overall character and function of the neighborhood.

• Example 3: Environmental Protection and Development

  A large corporation plans to construct a new factory on a plot of land that borders a protected river and contains a significant area of wetlands. Before construction can begin, the company must obtain permits from federal and state environmental agencies, which may require them to implement specific measures to protect the river's water quality and preserve or restore a portion of the wetlands.

  How it illustrates land use: This scenario highlights how environmental laws and regulations dictate and limit the permissible use of land. Even though the land might be zoned for industrial development, the presence of protected natural features (the river and wetlands) imposes additional restrictions on how the land can be used, requiring the developer to balance economic development with environmental conservation.