Legal Definitions - land-use regulation

Land-use regulation refers to the rules and laws established by local governments, such as cities or counties, that dictate how private property within their jurisdiction can be developed, used, and modified. These regulations are designed to manage growth, protect public health and safety, preserve natural resources, and maintain the overall character and quality of life within a community. They address various aspects of land use, including the type of activities permitted on a property (e.g., residential, commercial, industrial), the intensity or density of development (e.g., building height, lot coverage), the aesthetic appearance of structures, and the environmental impact of development.

Here are some examples illustrating land-use regulation:

• Imagine a city ordinance that designates a specific neighborhood exclusively for single-family homes, prohibiting the construction of retail stores or large apartment buildings. This ordinance is a form of land-use regulation because it controls the type of use permitted on properties within that area (only single-family residences) and implicitly limits the density of development, thereby preserving the residential character of the neighborhood.

• Consider a county rule that requires any new construction near a protected river to maintain a setback of at least 75 feet from the riverbank. This is a land-use regulation aimed at environmental protection. It dictates the placement of structures and limits development density in a sensitive area to prevent erosion, protect water quality, and preserve natural habitats along the waterway.

• A town's historic preservation commission might mandate that any exterior renovations to buildings within its designated historic district must use materials and architectural styles consistent with the period of the original construction. This regulation is a land-use regulation that focuses on the aesthetic impact of development. By controlling the design and materials used for renovations, it ensures that new modifications blend with and preserve the historical character and visual appeal of the community, reflecting a shared cultural value.