Environmental regulations are often there for important reasons, but they often stop businesses from growing and expanding in ways that can benefit the communities around them. Whether you are dealing with something as simple as impervious surface rules or waste disposal rules, these issues can block your business’ growth with surprising effects.
When buying a commercial property, there are a few considerations to take into account, including rules about what purposes it can be used for, what industrial rules you need to follow (waste disposal, water access, etc.), transportation laws, toxic materials rules (asbestos, lead, etc.), wetland rules, tree laws, and building size/type laws.
Call our Maryland zoning and land use lawyers at Heyman Law Firm at (410) 305-9287 to review your case.
Zoning and Use Laws
Not every zoning law or land use law is specifically environmental. At the same time, these laws are going to be a major factor in what land can be used for what purposes, where you can build certain projects (factories, warehouses, plants), and what kinds of restrictions you need to follow.
These rules may have ways around them, such as requesting variances or exemptions. However, they often require help from an experienced Maryland zoning and land use lawyer, and the process of requesting changes and exceptions can take time.
Industrial Operations
There are often environmental limits on what kinds of things industrial operations can do, such as plants, factories, and even warehouses.
Zoning Laws Limit Locations
Different zoning restrictions might move factories and plants into different parts of town. What might seem like a convenient location to purchase a warehouse and retrofit it for production simply might not work under zoning laws.
Some areas are fit for multiple uses, while other uses need to be kept further from population centers, sensitive animal habitats, etc.
Water Access
Rules about getting water to your buildings might limit what you can practically do with the property. These restrictions may come from state environmental agencies, local zoning regulations, or other sources. Even federal laws might govern water access and use when near water tables, lakes, or rivers.
Waste Disposal
Dumping is generally illegal, and environmental restrictions for decades have worked to curb dumping and allow for proper waste disposal. As materials change, we now have even further restrictions you might face, such as disposal rules for lithium-ion batteries.
Traffic and Transportation
These restrictions are often tangentially related to environmental concerns, but they do affect how your business can interact with the literal environment around them. Zoning boards and local populations are often concerned with the way their area’s traffic will change when large worksites, apartments, or warehouses requiring truck deliveries are introduced.
This can affect traffic flows, damage roads, require upgrades to roads and infrastructure, and make other effects on a community that your zoning and land use lawyers will have to look out for for you.
Toxic and Hazardous Waste
Toxic and hazardous waste is often a concern even outside of industrial use. For example, even paper or cooking oil can be considered a hazardous material in some contexts. Being sure that your buildings are properly set up to allow deliveries and waste disposal is an important part of buying property or trying to retrofit a new use into an old space.
Wetlands and Endangered Species Rules
Endangered species rules are sometimes used as a joke in environmentalism and zoning/commercial property rules. However, there are some very important restrictions that might come up.
Wetlands Rules
Wetlands are often home to endangered species, or they are the only place that non-endangered species can thrive in an area. Because of this, there may be restrictions on building or expanding in or near wetlands that will greatly limit your ability to expand later.
Check when you purchase a building that it does not abut any wetlands that may make growth a problem down the line.
Specific Endangered Species Rules
Some environmental rules are more specific to endangered species rather than rare environments. These rules could even upend operations after purchase if you find that migratory patterns have changed or enhanced protection is needed for various species. Being aware of what kinds of rules can be used in a given area may make it better to shop in a different location for commercial buildings.
Trees and Planting Laws
Many municipalities and cities are looking to do more to protect the environment through what you see and what plants are in an area.
Laws Against Affecting Plants
Existing plants and tree canopies may need to be preserved when expanding, growing, or restoring a building. For example, the Montgomery County Code requires saving and perhaps replacing shade trees, and including them as part of building plans. If development requires cutting down enough trees, it might not be allowed.
Replanting Trees
Often, trees can be cut down you replace them. Again, local codes may simply require you to plant new trees to help add shade, stop erosion, and protect the natural environment. This requires leaving enough green space in the plans for expansion and use.
This may lean on the environmental use (e.g., shade, keeping trees in the environment) or just visual considerations (e.g., so neighbors do not have to see warehouses or operations and can instead see trees and shrubs).
Building Laws
General laws for building standards and sizes are often important parts of zoning restrictions, dealing with where and how you can build.
Impervious Surfaces and Runoff Laws
Laws about hard surfaces often dictate how much of an area can be parking lots and sidewalks versus how much must be grass, dirt, or other permeable surfaces. Failing to follow these rules can create problems with drainage and runoff, especially at commercial scales.
Building Size
Buildings may be limited in how tall they can be or how big the footprint can be. If you are buying a building that already exists to continue using it at its current size, this likely will not be a problem, but plans to expand could be limited.
Setback Rules
Even if the building could be expanded, you may be halted from expanding in certain directions. Setback rules require being certain distances from the edge of the property to allow for permeable surfaces, wind, alleys, streets, and simply space between buildings for potential fires, collapses, or maintenance needs.
Call Our Zoning and Land Use Lawyers in Maryland Today
Call Heyman Law Firm’s Baltimore, MD zoning and land use lawyers at (410) 305-9287 today.