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 Hadley, Massachusetts can sometimes be a bit confusing. This article will not make its reader an expert, but should serve as a good introduction to the subject.

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

Local governments have various different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, 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.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They just seek to ensure that such activities are performed in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Hadley, Massachusetts

If a condition on your property breaks the local zoning laws of Hadley, Massachusetts, there are a few different solutions.

It should be discernible that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a huge inconvenience, you should obviously do this.

Of course, just fixing a zoning violation isn't always inexpensive or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a substantial remodeling of your home, and later found out that some small part of it technically doesn't conform to Hadley, Massachusetts's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is quite minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

You also have substantial protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Hadley, Massachusetts Attorney Do?

If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient Hadley, Massachusetts real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.