Zoning Planning & Land Use Law in Maryland
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Walkersville, Maryland can sometimes be a bit intricate. This article will not make its reader an expert, but should serve as a good introduction to the subject.
Localities normally divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and create a noisy, smelly, dirty factory on it.
Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more efficient by helping it avoid costly nuisance lawsuits.
Possible Outcomes of Boundary and Title Disputes in Walkersville, Maryland
You have quite a few options if you find that a planned or current use of your property violates Walkersville, Maryland's zoning regulations.
First, and perhaps most apparently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a substantial burden, this might be the best way to go.
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 Walkersville, Maryland'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 usually 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.
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 Walkersville, Maryland Attorney Do?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A knowledgeable Walkersville, Maryland 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.