Land Use Controls and Regulations: In-Depth Guide for Massachusetts
Land Use Controls and Regulations govern how property can be used and developed. This topic covers both public (governmental) controls like zoning and building codes, and private restrictions like deed restrictions and CC&Rs. Understanding these controls is crucial for agents advising clients on what they can and cannot do with property.
The most frequently tested area is zoning — know the common classifications (residential, commercial, industrial, agricultural), how to obtain variances and special use permits, and what happens with nonconforming uses when zoning changes. Environmental regulations are another heavily tested area, particularly lead-based paint (homes built before 1978), asbestos, radon, mold, and underground storage tanks.
Study the government's powers that enable land use control: police power (regulation for public welfare), eminent domain (taking property with just compensation), taxation, and escheat. Know the difference between these powers and when each applies. Private restrictions through CC&Rs can be more restrictive than zoning but never less restrictive — this distinction frequently appears on exams.
For Massachusetts-specific regulations, consult the Massachusetts exam prep guide and practice with our Land Use Controls and Regulations practice questions.