Comprehensive Volume, 18 th Edition Chapter 52: Environmental Law and Land Use Controls

Regulation of Land Use The regulations of land use consist of environmental laws and zoning. Environmental laws exist at both the state and the federal levels. Environmental laws are primarily enforced at the federal level by the Environmental Protection Agency (EPA), but other federal and state agencies enforce environmental laws, using criminal and civil penalties and injunctions to halt pollution.

Major Federal Regulations At the federal level, regulations govern: air pollution through limits on emissions and permits for discharges; water pollution with permit requirements, discharge prohibitions, and treatment standards; solid waste disposal with limitations on dumping and liability for cleanup when hazardous materials are found on property; and environmental quality through the use of advance studies on projects and their impact on the environment.

Other Regulations Other federal regulations on the environment protect endangered species, set standards for drinking water, and impose liability for oil spills as well as safety standards for oil tankers. All states have some form of environmental regulation and some form of hazardous waste controls.

Penalties for Violations Criminal – most federal environmental laws carry criminal penalties of fines or imprisonment for violations. Civil – the EPA may also get a court- ordered injunction to halt an activity which violates a standard. Private Action – individuals may bring suit against a violator if conduct constitutes a nuisance.

Penalties for Violations of Federal Environmental Laws

Nuisances A nuisance is a public or private interference with the use and enjoyment of land, and individuals can bring suit to halt nuisances. Courts analyze the balance between the use and enjoyment of land and the economic interests of all of the parties involved.

Criminal (place where illegal acts repeatedly occur) Permanent (single act with permanent damage) Continuing (series of related acts) Definition of Nuisance Nuisance: Conduct that unreasonably interferes with the enjoyment or use of land. Conduct that has a negative effect upon others without being balanced by a benefit to society. Nuisance Per Se (nuisance in all situations) Nuisance in Fact (nuisance in certain situations) Private (affects one or a few persons) Public (affects a community)

Restrictive Covenants & Zoning Restrictive covenants in deeds are valid land use restrictions that pass from owner to owner and are enforceable so long as they do not violate any constitutional rights. Zoning is a public means of regulating land use through zoning laws that are part of an overall plan for development. Some landowners can obtain variances from zoning laws, and some preexisting uses are permitted to continue with the protection of a nonconforming use.