Why Every Property Owner Needs a Land Use Attorney in Washington
Handling the complex world of land use regulations in Washington is a daunting task for property owners. From zoning restrictions to permit applications, there are numerous legal matters to consider when developing or modifying a property. That is why it is vital for property owners to enlist the services of a qualified land use attorney.
Land use issues can affect how you utilize your property, preventing you from building as you wish and facing state and federal regulations. You do not want to take any chances when deciding to purchase property or make any changes to your land or structures. Then, you may experience significant financial losses, and the government may file a lawsuit against you.
You should understand the myriad of laws and regulations when you own or consider purchasing land. You may not even know about these laws. However it is always best to consult a land use attorney if you anticipate any potential issues with your property.
You should do this before purchasing land and if you have any legal challenges when you own property. A Seattle, WA land use attorney can review your situation and explain the laws that apply to your property. They can represent you if you have dealings with regulators or need to file any appeals of adverse actions. A land use attorney can also litigate on your behalf if you are experiencing any legal challenges with neighboring property owners.
Even though land use laws can potentially restrict your use of property and impose obligations, you still have the right to due process. You can speak in your most effective voice when you hire a land use lawyer to represent you in the legal process.
Common Restrictions that Apply to the Use of Land in Washington
There are numerous ways that federal and state laws can restrict your land use, and you need to be aware of all of them. Typical land use restrictions may include:
- Restrictive covenants – These rules and contractual provisions limit one’s own use of property to preserve the use and value of adjoining land.
- Historical preservation – If your property is in a particular district, you may be unable to change your home as you wish.
- Zoning – Your property is likely subject to zoning restrictions that can affect things such as setbacks, density on the property, and the type of property in the district (for example, zoning, mixed-use, and residential).
- Environmental rules – There are potential further restrictions on the use of your land based on factors like the presence of protected wetlands and discharges from your land into the surrounding areas.
Who Makes Land Use Restrictions in Washington?
Several local government bodies pass or enforce restrictions that apply to your property. These departments and bodies include:
- Local zoning boards – Counties and municipalities have local zoning boards that may apply the laws and hear any application for a variance. You have the legal right to due process when you have a decision in front of a zoning board, and you can file a lawsuit in state court when you disagree with their decision.
- City and county councils – These are the governing bodies that pass zoning laws that the boards will apply. You may also have your say in the legislative process and file a lawsuit when subject to unlawful land use restriction.
- Washington State Department of Ecology – This agency oversees regulation and environmental enforcement involving state and federal laws. It may also hear and decide on cases involving environmental permitting.
When federal environmental laws are at issue, you may have to deal with the United States Environmental Protection Agency. You need a land use lawyer with a deep knowledge of the law and how to deal with the policymakers. In some situations, you may have an extended back-and-forth with regulators and need someone who can effectively communicate on your behalf.
Dealing with regulators is a consultative process, and you may have numerous informal interactions with them. Having a land use lawyer who is familiar with the individual regulators and knows how to communicate with them on your behalf is valuable.
Environmental Compliance and Regulation
A myriad of environmental laws can apply to your land ownership on both the federal and state levels. On a state level, the following rules may apply:
- Growth Management Act (GMA) – This law manages growth throughout the state and aims to protect natural habitats and critical areas. The statute further allows for growth management plans on the local level that can control development on property. The GMA designates certain areas as urban growth cores to control development elsewhere.
- The Shoreline Management Act – Any property that has a shoreline is subject to regulation by a special board. The local government must issue regulations that pertain to shoreline property. A special permitting process, similar to zoning, can approve or deny specific usage of your property. Of course, you have the right to appeal an adverse decision in front of one of these boards.
- The State Environmental Policy Act – Washington has a law requiring local boards to consider environmental consequences before deciding whether to grant a permit. Sometimes, they may deny you a permit because of ecological considerations. The SEPA can impose a detailed and time-consuming process that you must be aware of before seeking a permit. This law may apply to all agencies in the state.
There are also laws on the federal level that you should understand that pertain to your property, including:
- National Environmental Policy Act – The government may need to consider how the proposed use of a property will affect the environment. Although it is not a land use law, it may restrict land use.
- Federal Land Policy and Management Act – A federal law governs the usage and development of public lands.
- Clean Water Act – Federal law regulates land development near waterways, potentially restricting it if it is near a river or other water source.
Here are some issues that may cause you to need a land use attorney.
Zoning Regulations
Zoning regulations and the categorization of your property are tied to your land use. For example, suppose your property falls within a zoning district and is in a specific category. In that case, you may need to seek approval from the zoning board for any construction or changes to your property. The board may give you a permit to allow your construction, or they may deny your request.
You have the right to speak before the zoning board, as do your neighbors and other interested parties. You can present your case at a public hearing, where your land use lawyer represents you. You can always sue the zoning board if they have denied you a permit. Additionally, you can challenge any change to the classification of your property when it affects how you can use your land.
Real Estate Transactions
It is essential to know about all potential land use regulations and restrictions before you purchase a property. These rules apply to both commercial and residential real estate deals.
You may be unable to use the property as broadly as you want, and you should know this beforehand. The restrictions can affect whether you want to purchase the property in the first place and the amount of money you are willing to pay. Similarly, you may have issues with land use restrictions when you are selling property, especially when the laws have changed since you first bought the building or land. A land use lawyer can explain how these laws may affect your land ownership and what you can do with it.
Eminent Domain and Government Takings
Even if you are the property owner, there are still circumstances where the government can take your land away. The United States Constitution states that the government can take private property for public use if it pays the owner fair market value. Although this may seem fundamentally unfair to property owners, it is one of the ways that the law tries to encourage maximum usage of property for the most possible utility.
If the government is trying to take your property, you need a land use lawyer to represent you. You can stop the taking entirely if you can prove that it is not for public use. Or, the government may have the right to take your property, but it is not offering you enough money. In that case, your land use attorney can fight for the court to properly evaluate your property so the government can pay you fully for it.
The government can break the law if its regulations go too far and deprive you of all possible uses of your property. Regulatory takings cases are harder to prove and win, but it is possible to fight for your rights in court as a property owner. The government may owe you compensation if its actions violate your rights.
Neighbor and Community Disputes
How you use your land and what others do around you can also affect the value of your property. You may conflict with someone else about how you use your land or whether they have some rights to your property. For example, there may be an easement through an express grant or as implied by the circumstances. Someone else may not be using their easement in accordance with its scope, causing a dispute.
An adjoining property owner can also take an action that the law deems a nuisance. Someone else’s use of their property may impede yours and lower your property value.
Common examples of nuisance may include:
- Light
- Noise
- Sound
- Pollution
You may need to take legal action to prevent the nuisance from occurring and to seek damages for the harm you have suffered.
Alternatively, a land use lawyer can mediate between you and your neighbors or other parties in the dispute. They can facilitate productive conversations and negotiate fair resolutions that take into account your concerns while also considering the needs and perspectives of others.
The Cost of Not Having a Land Use Lawyer in Washington
Hiring a land use attorney is an investment in your property and rights. However, not hiring a land use attorney early in the process can cost you money in many ways, including:
- Potential litigation relating to your use of the land
- Financial losses due to an inability to use your property in the way that you were planning
- Denial of a permit for the development of your property
- Government enforcement action which can result in fines
- A reduction in your property value due to noncompliance with regulations
- An inability to sell your property in the property if you have not followed federal and Washington law
Given the short and long-term implications of land use law, you must hire an attorney sooner rather than later. You should not decide how to use your land without understanding the legal and regulatory framework. You can plan ahead for the permitting process by scheduling an initial consultation with a land use attorney to discuss potential issues and your path forward.
Not only can a land use attorney assist with regulatory compliance, but they can also provide valuable guidance in strategic decision making. They can assess the feasibility of a proposed project and advise property owners on the best course of action. Whether it is securing necessary permits or negotiating with local authorities, their experience is invaluable in helping property owners achieve their goals.
In addition, having a land use attorney can provide peace of mind. Property owners can rest assured knowing that their legal matters are carefully handled by a professional. From reviewing contracts to representing their interests in legal disputes, an attorney is an advocate for their client’s rights.
Hire a Land Use Attorney
Land use regulations in Washington make it imperative for property owners to have a trusted land use attorney by their side. With their guidance, property owners can handle the legal landscape, ensuring compliance and maximizing the potential of their property. A real estate lawyer is an essential ally in the journey towards realizing property owners’ objectives.
