Real estate planning and zoning question?

Question

If you have 500 acres and want to sell it off in 10 acre parcels can the county government planning and zoning really prevent this if it not approved or can you get a lawyer and go around their decision? I understand some issues like wanting to build a sewer treatment plant or feed lot next to mass population areas should be rejected. I also understand there must be some factors with smaller size land parcels like water supply or roads but there is a demand for smaller size land parcels and it seems a person is not allowed to break up a large land parcel without planning and zoning approval.

40 acre parcels may be more reasonable to break 500 acres up into but still that sounds like it should be ok to do. There would be county road access to each lot and power and phone

Answer 1

All local governments have the right to impose zoning regulations on lands within their jurisdictions. You cited the perfect example of why zoning is so important i.e not allowing sewer treatment plant or feed lots next to mass populations. However those is the most obvious reasons.

There are many factors that go into deciding weather you can subdivide your property at the levels you wish.

In your instance, some of the key limiting factors are comprehensive plan designation, prior or present agricultural use, environmental constraints, and available infrastructure.

Unless your comp plan designation (which dictates the zoning designation) allows for 10 acres parcels, you cannot create new parcels smaller than the minimum.

Since people need infrasturcture (roads, schools, police, fire, sewer, water, etc.). The comp plan designation often coincides with the carrying capacity of the land. As those "services" are improved, the carrying capacity increases. I am going to assume that you have already looked into subdividing your land and your idea has not met received favorably. Assuming that your land is in a rural area, you will need to go through the legislative route of getting your land redignated under the long range plan (the Comp Plan).

There are hundreds of other factors but I dont have the space nor time to get into those particulars.

In very few instances have I ever known an application for a subdivision be denied when all factors are in place or at least planned to be accomodated or built by the developer. The risk of denial of an application without cause and justification places the jurisdiction in danger of a lawsuit that is very costly. You should consider hiring a land use planner to help you navigate all of the components involved in the subdivision.

Answer 2

No matter where you are located, you are always subject to zoning and approval from the governing board. You can attempt to hire an attorney, but generally this is not successful, since the courts have held that these restrictions of various types are legal.

I live in Wisconsin on a five acre rural parcel. Shortly after we bought land and built, the township changed the zoning ordinance to preclude any lot smaller than 35 acres. That held for about ten years, and then the ordinance was softened to exclude from the ordinance any untillable farm land, such as wooded areas.

In my sister's township, lots are designated as small as 1.5 acres, but there is a minimum footage requirement for frontage, to prevent deep narrow lots. The township directly next to her has a twenty acre minimum ordinance.

The reasons for these ordinances is to attempt to prevent large subdivisions in these towns and to protect the disappearance of tillable farm lands. Urban sprawl, if you will.

One can always apply for a variance around these limitations, and some town boards will relent if the requested variance makes sense in certain scenarios. However, generally speaking, they have the control and their decisions are final.

Answer 3

Planning and zoning are not always the smartest in county government and there it helps to have friends