Operating your business in the way you want may bring you up against zoning and land use restrictions at the state and local level. Often, zoning boards are there for good reasons, but they can make it harder to build and renovate properties and operate businesses in places that really need economic development.
Our attorneys can represent you before zoning boards at the county and city level, or beyond, as needed. We can advise you on what kinds of changes need to be made, stand up for you at these meetings, and negotiate with boards and regulators to try to get you the variances and exemptions needed. Whether your business already has in-house counsel or not, we can represent your business in these unique areas of practice.
Call Heyman Law Firm’s zoning and land use attorneys at (410) 305-9287 today to discuss your case.
Who Sets the Rules for Zoning and Land Use?
Different government entities have the power to set different rules. It can be hard to know where to even start when it comes to reviewing laws for your business’ land use, let alone how to challenge uses. But our zoning and land use attorneys can take care of this for you.
City/Municipality
The local government from the city or municipality likely has its own building codes and zoning laws. These dictate what can be done in a specific city or township, and the rules might be different 10 miles down the road in the next town.
Often, local zoning boards and city government agencies will be needed for different discussions, such as when you submit your plans and seek approval.
County
The county may play a similar role. County laws affect the entire county and may create uniform standards within an area, across city/township lines. City hall may be allowed certain leeway in enforcing these laws, but you generally have to go with what the county says, even if the city would prefer things to be different.
State
The same is true again at the state level. The state can pass various laws allowing zoning boards to take certain steps or requiring applicants to take certain steps. These can inhibit you from being able to use properties in certain ways or doing things within certain classes of zoning.
You may also have to deal with state boards for environmental regulations, power, and other issues.
Federal Government
Lastly, the federal government may create rules through the Environmental Protection Agency and similar organizations that allow or disallow certain moves. For example, waterway issues are often handled at the federal level.
How Long Do Zoning Variances and Exemptions Take to Get?
Generally, building plans need to be approved at the local level before they can be implemented. This means before breaking ground on initial building or renovations, you need to get the say-so of the local municipal government and approval of your project.
This is often subject to multiple appearance dates at meetings, time to let the public speak on the issue, and time for the government to consider recommendations of experts and locals before implementing a plan.
Many building projects can take at least a year for final approval, but we can walk you through the specifics of what your case might need.
Do You Need a Special Lawyer for These Issues?
You should always work with a lawyer who works in the particular area you need help with – geographically and legally. If your company is a multistate entity now trying to move into Maryland, you should work with a local attorney who understands our local laws and rules.
Further, these specific laws are often very complex. They are miles away from the same kinds of contracts and purchase agreements or lease agreements your in-house counsel may be used to dealing with.
Working with a zoning and land use lawyer is often the best way to tackle your zoning and land use issues.
What if We Cannot Get a Variance?
There may be other applications we can make for reconsideration. A variance is often used to get you permission to act out of conformity with local zoning rules – but you might not need that.
For example, alternatives like a conditional use exception might be allowed if your exception would benefit the local area in some way. This may be handled through the government – i.e., city hall – rather than the zoning board. This means it is not subject to as much public comment and scrutiny.
Can You Challenge Laws in Court?
Certainly. Many laws are challenged with zoning and land use because they are overly restrictive or do not conform to due process rules. In some cases, you might have to go through numerous hoops first to get your case heard and denied by the zoning board before you can appeal the issue to the courts.
Litigation in court can also cost a lot more, and it might not be the best option. There may be better ways around the rule, such as simply looking in a different location or zone for your building needs or adapting your project to better meet local standards.
Sometimes creative design is all that is needed to satisfy all parties’ needs.
How Does Zoning and Land Use Work with Real Estate Contracts?
Sometimes the issues in zoning and land use start with real estate contracts. If there are issues with inspections, titles, or deeds that mean that you will not be able to do what you plan to with the land or buildings you are purchasing, you need to see that your real estate contracts allow you to get out of the conundrum or seek damages.
Our lawyers also handle real estate contracts and take the zoning and land use factors into account when preparing these documents.
Call Our Maryland Zoning and Land Use Lawyers
Call Heyman Law Firm at (410) 305-9287 to discuss your case with our zoning and land use attorneys.