Zoning Planning & Land Use Law in Massachusetts

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Blackstone, Massachusetts can sometimes be a bit convoluted. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Local governments will normally divide the city or town into sections, called "zones," each of which is designated for a particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

Local governments have several different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.

Zoning laws typically acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.

Possible Outcomes of Boundary and Title Disputes in Blackstone, Massachusetts

You have quite a few options if you find that a planned or current use of your property violates Blackstone, Massachusetts's zoning regulations.

It should be clear, however, that the ideal solution is to simply fix any condition on your property which is in violation of a local zoning law. If the violation is not serious, and correcting it won't substantially interfere with your use of your property, this is probably the best course of action.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Blackstone, Massachusetts's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but typically have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

Additionally, if you have been living on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your current use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Blackstone, Massachusetts Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A brilliant Blackstone, Massachusetts attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.