Environmental statutes are established at the federal level. The state is often more stringent yet never more lenient. The EPA website explains all the laws. Incentives to protect cultural and historic resources are established by The National Historic Preservation Act.
The Executive Branch
The executive branch consists of the governor or the president. This branch directs the government’s actions and manages the public land. The governor has the ability to issue the order to allow natural gas drilling in a state park.
The Courts’ Role
The state and federal courts can decide cases enacted by Congress, the local government, the state legislature and the courts in regards to the use of land. This includes trespass and nuisance. Matters unrelated to public concern such as a dog running loose or a neighbor parking on their neighbors’ land is regulated by agency enforcement. The courts additionally define the constitutional limits regarding zoning.
Zoning divides the municipality into districts. Certain states require zoning is consistent with a plan for comprehensive land use. This must follow specific procedures and be developed with the input of the public.
Special uses and conditions may be permitted when specific conditions are met. This includes a place of religious worship being allowed in a residential area if there is adequate parking. The plan must consider compatibility, infrastructure availability and the lands characteristics. A loud nightclub should not be allowed next to a residential home.
Contact Our Palm Springs Land Use and Zoning Attorneys
If you are confused regarding land use and zoning your best option is to schedule a consultation with a Palm Springs land use and zoning attorney.