Zoning Planning & Land Use Law in Maine

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Buxton, Maine 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.

Localities usually 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 construct 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 proficient by helping it avoid costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Buxton, Maine

Suppose you find that some condition on your land is in violation of Buxton, Maine's zoning laws. In cases like this, you have quite a few options.

First, and perhaps most evidently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a considerable burden, this might be the best way to go.

Of course, simply fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Buxton, Maine'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 extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

You also have considerable 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 Buxton, Maine Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A brilliant Buxton, Maine 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.