Governing Bodies of Real Estate

The average person reading this will have most of their dealings with the local level of government, plus perhaps a HOA or Condominium Association which came packaged with the property you purchased if you were aware of them prior to purchase or not. An association is attached by covenant on the deed. These association depending upon their current rules and regulation might tell you what type of pet (if any) you may have to weather you can have a commercial vehicle with a sign parked at you home.

zoning controls land use for the public good. designates areas where residential, industrial, recreational or commercial structures may be erected. or their activities may take place. Zoning regulates the dimensional requirements for lots, what minium lot size for buildings. This controls population and building density. Projected traffic, utility usage and land presearvation are some of the factors that are considered in their decision making process.

The local municipality deriving their powers or their powers limited by their state governments (“Dillon Rule compared to “Home Rule”) exercises Police Powers zoning laws, building codes, fire codes, rent control, safety hazards, tenant rights and eminent domain. Building new? Planning Board to zoning board. The municipality's concerns: traffic patterns, safety, keeping like operations with like operations, thus industrial away from children in their domestic settings.

The States which normally does not deal with zoning, has some concerns that duplicate with the local towns. They do inspections of certain industrial and institutions. Mostly they regulate boarder concepts. Economic Zones, Farm Land Programs, Wood Land programs, Special Funding Historical Districts and other program are the state's domain.

""New Jersey’s set of rules that govern development are collectively called the “Municipal Land Use Law,” or MLUL. The MLUL facilitates developers and development. It also dictates to the municipalities the limits they can and cannot place upon land, developments, and developers. All developers and municipalities must follow these rules. Unfortunately, many development proposals go beyond the rules or are simply inappropriate for their proposed locations." www.sierraclub.org/sites/www.sierraclub.org/files/sce/new-jersey-chapter/Handouts/LUandP_NJ2010.pdf

The Pinelands Commission

pine cones

The New Jersey Pinelands Commission is an independent state agency overseen by a 15-member board of unpaid volunteer Commissioners. The Commission has the power to set minimum environmental standards for all local zoning and development ordinances. All municipalities are required by law to conform their local master plans and zoning ordinances to the regional plan." (https://pinelandsalliance.org/learn-about-the-pinelands/pinelands-overview/)

For special real estate tax programs see Vertrans, Senior Citizens, Farm Land, Forestry, Woodland programs at the states web site

New Jersey: farm land assessment

The federal government in addition to controlling federally own lands. Passes laws that control civil rights, manages international concerns (borders, oceans, interstate). ADA, America Disability Act is enforced by the DOJ, the Department of Justice. The federal government does not have any “land use laws” such as zoning those are controlled on the local government level.

"There is no federal land use law. Although the federal government does not directly engage in land use regulation, outside of a few provisions in the Clean Water Act protecting wetlands, it does encourage coastal states to undertake land use planning through such statutes as the Coastal Zone Management Act and the Coastal Barrier Resources Act." coastalresilience.tamu.edu/home/introduction-to-coastal-resilience/legal-framework-for-planning/federal/land-use/

Government owned lands : federally-owned land is for national parks. Unlike cities or other highly populated areas, national parks are lands protected from development and open to visitors from around the world. Military bases would also an example of federal own land.

Endangered Species Act

endangered species

EPA’s CGP Has Requirements concerning Endangered and Threatened Species and Critical Habitat Section 9 of the Endangered Species Act (ESA) prohibits take (e.g., harm or harassment) of ESA-listed species.

Consult your local and state building code plus the zoning enforcement to see how these apply and if there are any other regulations that are requirements.

Informational website that may be of interest

https://www.nrcs.usda.gov/wps/portal/nrcs/main/nj/technical/landuse/forestry/ Trees Planting https://www.nj.gov/agriculture/divisions/md/news/municipal.html Renewable energy https://www.gsa.gov/buy-through-us/government-property-for-sale-or-disposal Government Property for Sale or Disposal https://www.blm.gov/sites/blm.gov/files/FAQs%20about%20Federal%20Land%20Sales.pdf
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