Zoning and land use are critical in all building, real estate, and development projects. Whether opening a business, selling a property, developing a shopping center, or renovating your residential home, zoning will come into play.
Boston is a city that honors its deep historical roots while also engineering innovation and change. As a result, Boston’s zoning and land use laws and regulations are complex, multi-layered, and ever-evolving. An experienced land use and zoning attorney can help protect your interests and ensure your project’s success.
The attorneys at BMK Legal have decades of experience helping Boston residents and commercial developers navigate the ever-evolving landscape of Boston zoning and land use laws. Our real estate lawyers have multi-disciplinary knowledge that offers our clients the highest quality land use, zoning, and real estate representation.
What Are Zoning and Land Use Laws?
Zoning laws and ordinances aim to promote Boston residents’ health, safety, and welfare by ensuring the most appropriate land use. If you own property in the greater Boston area, you must comply with the Zoning Act and Boston Zoning Code (BZC).
State and local governments or municipalities create laws to divide the land into sections (or zones) and dictate the types of properties allowed in each zone. Zoning laws are important for communities because they help promote:
- Neighborhood protection—ensure that land uses are compatible and beneficial for the community, such as prohibiting a factory in a residential neighborhood;
- Health and wellness—improve safety and wellness by protecting natural resources, separating incompatible uses, and establishing building and traffic safety standards;
- Environmental conservation—can dedicate certain zones for parks, recreation, and conservation purposes and prohibit environmentally harmful uses;
- Economic growth—can stabilize and increase property values by prohibiting incompatible uses from deterring new development or growth in the area; and
- Historical preservation—buildings or properties that meet certain criteria can be deemed historic and receive protection and tax benefits.
Boston’s land use and zoning laws are incredibly complex and nuanced. Before you buy property, it is vital to identify the type of zone the property is in to be sure you can use it as you intend. An experienced BMK Legal land use and zoning lawyer can help you understand what zone your property is in, how that could affect your project, and if you need to apply for any permits.
Zoning Applications, Approvals, and Appeals
Zoning laws also set out the process for seeking approval for new projects, variances, permits, and construction. Nearly all construction or real estate projects require permission and approval from one of the various regulatory authorities, like the Zoning Board of Appeal or the Boston Planning and Development Agency. Depending on whether your project will also impact parks, historic buildings, or wetlands, you may need to seek approval from other government departments or agencies.
Typically, you must submit an application in person or online for the type of permit you need. You may need to get the building or construction plans reviewed by the agency for larger projects. If an agency denies your application, you may be able to seek a review (or appeal) of the decision.
While having a zoning and land use lawyer is not required to obtain permits, experienced attorneys can help you avoid common pitfalls and help you move through the process more quickly. Our team is knowledgeable about the various permit processes and how to complete the required paperwork. Some facets of land use and zoning that our attorneys can provide comprehensive support for include:
- Conditional use,
- Special permits,
- Board approvals (state and local),
- Easements,
- Rights of way,
- Covenants,
- Variances,
- Plan reviews, and
- Lot protection.
We can review your project, help you navigate the application process, and pursue appeals if needed. Throughout the process, we provide strategic advice and zealous advocacy to help you achieve your vision.
Zoning Disputes
The development and use of real estate often lead to disputes between landowners, neighbors, and even administrative agencies. Some common zoning and land use disputes include:
- Ordinance violations,
- Nonconforming use,
- Building code violations,
- Density and land use issues,
- Easements,
- Eminent domain,
- Trespassing,
- Adverse possession, and
- Variance disputes.
Disputing parties may resolve the matter themselves, but an attorney can help resolve it when there is an impasse. A land use and zoning attorney can help the parties find a resolution through alternative dispute resolution methods, can represent you before the relevant agencies, or can pursue litigation.
Let Us Be Your Trusted Land Use and Zoning Attorney
The building or creating your next real estate development project or family home may hinge upon Boston’s zoning and land use laws. While zoning benefits our communities, it can also prevent many changes typical homeowners and developers seek. By working with our experienced team of real estate, land use, and zoning attorneys, you can increase your chances of obtaining the permits necessary for the success of your project.
In 2011, our firm brought decades of zoning and land use law experience together. Our attorneys are experts in understanding, interpreting, and keeping abreast of Boston’s constantly changing zoning laws and ordinances. We frequently appear before the Boston Planning and Development Agency, the Boston Zoning Board of Appeal, the Boston Landmarks Commission, and the Public Improvement Commission. We are respected in the field and work to advance each client’s objectives efficiently and cost-effectively while collaborating with other parties and agencies in the project process. We are your trusted zoning and land use firm, from identifying your property’s zone to filing applications and defending zoning appeals. Contact BMK Legal today to learn how we can help with your zoning and land use projects.