Zoning and land use are two similar but unique concepts that are oftentimes confused, but it’s important to have a solid understanding of each if you plan to expand your residential or commercial portfolio. Both zoning and land use help provide structure to the land and community around us, dictating what can be built, where it can be built and for what purpose. Getting a better understanding of these two terms and their practical uses can help you avoid any unwelcome surprises or headaches during the process of a real estate transaction. Below, we take a closer look at the differences between land use and zoning in Minnesota.
What Is Land Use?
Land use is a semi-fluid term whose definition can vary based on when and where it is being used, but it typically describes how a piece of land is characterized based on its potential uses or what already exists on the property. Sometimes it is also used to describe how land-owners utilize and adapt their own land. In Minnesota, land use is primarily related to property rights and conservation, but land use policies can vary state to state.
Land use is something any land-owner or prospective buyer should familiarize themselves with because you want to know how you can use your property or an area you’re looking to acquire. Land use can be somewhat flexible, but it helps to guide your rights as a property owner within the character of the larger community.
What Is Zoning?
Zoning, on the other hand, refers to government land regulations that are legally codified into local zoning laws or ordinances. Essentially, it’s how a larger community is divided into different zones where certain activities are allowed or prohibited. Local municipalities and government bodies use zoning as a planning tool for current and future developments to help preserve the value of land use.
Not only does zoning dictate where certain residential and commercial structures can be built, but it also helps to preserve some of the natural beauty of the state. Zoning laws help to keep many of Minnesota's natural resources like lakes, forests and shorelines from being developed for personal or commercial gain.
If you’re a land-owner or prospective buyer, you’ll want to learn about the zoning laws that regulate specific areas. Once a zoning ordinance has been established, a clear and legal precedence has been established as to how that land can be used. Unlike land use which has some flexibility, there is rarely any flexibility when it comes to zoning laws unless you can compel the local government to consider rezoning the area, which could still be challenged and fail during a public hearing.
There is also oftentimes significant crossover between land use designations and zoning classifications. For example, a parcel of rural land in Minnesota may have an agricultural land use designation while having an incentivized zoning classification that provides tax abatement to a property owner who uses the land for agricultural purposes.
At Commercial Partners, we have a thorough understanding of land use classifications and zoning regulations, and we’ll ensure that any plans you have for commercial development will not be thwarted by any government red tape. Let us ensure your goals fall within the current land use and zoning laws that apply to prospective purchase areas so that you can bring your latest vision to life. For more information about land use or zoning laws in Minnesota, reach out to the team at Commercial Partners today at (612) 337-2470.