Edwards Land Use Attorneys Advise Property Owners and Developers on Complex Rules

Experienced Vail Valley lawyers take on Colorado zoning and planning issues

Land use law is a complex collection of rules and regulations that can vary widely between communities, and even neighborhoods. If you don’t have the assistance of an experienced and knowledgeable land use attorney, you can easily run afoul of various codes and find you can’t use or develop your land in the way you wish. As an Eagle County Planning Commissioner, attorney Brett Heckman is conflicted from handling land use matters relating to that role, but Heckman and O’Connor, P.C. has the experience and knowledge to advise and assist you in navigating these difficult issues before other Colorado authorities.

What is land use law?

Land use law is a term that encompasses zoning ordinances, building codes and other planning regulations that counties and municipalities use to regulate the way landowners may develop and use land located within their jurisdictions. Its purpose is to balance private property rights with environmental, economic, aesthetic and community needs.

Zoning laws and classifications

Zoning laws divide a county or municipality into districts in which different categories of land use and development, often with detailed restrictions, are allowed. Common zoning categories include:

• Residential
• Commercial
• Agricultural
• Industrial
• Mixed-use

Comprehensive or “master” plans creating the framework for zoning categories and regulations are established with advice, and sometimes with more direct input, from planning commissions. The administration and enforcement of regulations and approval of land use applications for individual parcels are typically assigned to zoning boards.

Variances, conditional use permits and rezoning

If your community’s zoning plan doesn’t allow the use to which you want to put your land, that is not necessarily the end of the matter. When you can’t realistically use your land in conformity with the zoning ordinance, you may request a variance, which is an exception to one or more zoning requirements. You might also request a conditional use permit, which allows the non-conforming use, but imposes special conditions on it. A third option is to request rezoning of your property. In each case, you must apply for relief to your local zoning board or equivalent body, which might refuse your request. After that, you could choose to challenge the decision in court. Depending on the particular circumstances, it might take weeks, months or even longer to obtain what you need.

Land development and subdivision regulations

Subdividing and developing land raises additional issues. Zoning ordinances, building codes and other regulations may restrict the size and location of, and access to, buildings and other infrastructure. Rules based on environmental factors and presumed impact to the community often restrict how a parcel may be subdivided. Meeting all these requirements could require adjustments to comply with master plans, public hearings and environmental reviews.

How legal counsel helps with land use issues

You can understand and address the complex requirements of land use law with the help of an experienced real property lawyer. We can assist with legal advice, applications, appeals, objections and negotiations with the local government. Land use counsel will be particularly critical when dealing with commercial development, rezoning, objections from neighbors and administrative hearings. Attorney Heckman is well-respected for his experience and knowledge of land use law and has helped clients successfully manage a wide variety of the challenges in this area.

Contact an experienced Colorado land use lawyer for a consultation

Heckman & O’Connor P.C. handles land use issues for clients across the Vail Valley and other parts of Colorado. Over decades of serving communities such as Vail, Eagle, Gypsum, Avon, Minturn and Leadville, we have helped individuals, families and businesses accomplish their goals. For a consultation, please call 970-926-5991 or contact us online. Our office is in Edwards.