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Land Use Controls and Regulations

Zoning, building codes, environmental regulations, and land use planning

42 questions10 concepts
Land Use Controls and Regulations — Study Card
Land Use Controls and Regulations study card infographic showing key concepts, exam weight (8%), and memory aids
AI-generated study card for Land Use Controls and Regulations. Covers 8% of the real estate exam.
Difficulty Breakdown
Easy15 (36%)
Medium15 (36%)
Hard12 (29%)
Study Tips for Land Use
  • •Memorize the 1978 date for lead-based paint disclosure requirements
  • •Know the difference between variance and special use permit
  • •Study the four governmental powers: Police power, Eminent domain, Taxation, Escheat (PETE)
  • •Private restrictions can be MORE restrictive than zoning but never less

Key Concepts

Zoning

Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.

Variance

A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.

Conditional Use Permit

A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.

Nonconforming Use (Grandfathered)

A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.

Building Codes

Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.

Certificate of Occupancy

A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.

Eminent Domain

Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.

Police Power

Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.

Restrictive Covenants (CC&Rs)

Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.

Deed Restrictions

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

Practice Questions

A seller carryback note is classified as a lien.

HARD

Which exemplifies government's realty-related police power?

EASY

In Florida, building within a coastal construction control line requires:

HARD

Texas is unique because:

MEDIUM

Texas groundwater rights follow the rule of:

HARD

In Texas, a deed restriction can be enforced by:

EASY

Building within the Coastal Construction Control Line requires:

HARD

Arizona's manufactured housing is regulated by:

MEDIUM

A variance in Arizona zoning is granted by:

EASY

A deed restriction prohibits a subdivision from using a residential property as a business. A buyer interested in purchasing a property in the subdivision tells their broker they intend to use one room of their house as a dog grooming service. Can the buyer do so?

HARD

Under the Interstate Land Sales Full Disclosure Act, buyers have how many days to cancel after receiving the property report?

HARD

The Interstate Land Sales Full Disclosure Act regulates:

HARD

The Illinois Environmental Barriers Act requires:

MEDIUM

A variance in Illinois zoning allows:

MEDIUM

Zoning ordinance compliance is monitored through:

EASY

An appropriation of land for some public use made by the owner and accepted for such use by or on behalf of the public, such as streets in a platted subdivision, is called

MEDIUM

In Texas, deed restrictions are enforced by:

MEDIUM

In Texas, water rights for surface water are based on:

HARD

To be valid, restrictions in a grant deed need to:

EASY

An example of private land-use control is:

EASY

+ 21 more questions

Environmental(1)

Which act amended CERCLA?

MEDIUM

Land Use Controls and Regulations: What You Need to Know

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.

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