Practices | Municipal and Regulatory

Land Use Law and Zoning

Few areas of life in today’s world are more highly regulated than the development and use of land, or more complex than land use law. From a deck on a lakeside cabin to a large commercial or industrial center, permits are inevitably required and disputes often arise between the proponents and the opponents. Much of land use and zoning regulation occurs at the local level, and Bernstein Shur’s municipal department has been right in the thick of it all for decades, providing advice, strategic planning and, when needed, representation in court on the full range of zoning and land use issues.

We have recently worked on the following land use and zoning projects:

  • Representing the Town of Eliot before the Law Court in its successful defense of a growth cap ordinance that the Maine Homebuilders Association had alleged constituted an illegal moratorium.
  • Representing the Town of York in a quiet title action to determine the Town’s and public’s right to utilize a scenic cliff walk.
  • Successfully representing the Town of North Yarmouth before the Law Court defending the right of the Town and all municipalities to review a subdivision proposal if any portion of the subdivision proposed is located within the municipality.
  • Obtaining a $182,000 judgment for the Town of Old Orchard Beach in a land use enforcement action.

Our firm handles every possible land use and zoning issue including the following:

  • Industrial zoning
  • Commercial, retail zoning
  • Rural and residential zoning
  • Building permits
  • Shoreland zoning
  • Contract and conditional zoning
  • Cluster development
  • Transferrable development rights
  • Conditional uses/special exceptions
  • Site plan review
  • Historic preservation
  • Subdivision permitting and enforcement
  • Regulation and permitting of extractive industries
  • Non-conforming use issues
  • Non-conforming structure and lot issues
  • Zoning boards of appeals
  • Enforcement actions
  • District/Superior Courts
  • DEP site location of Development Act permitting
  • Natural Resources Protection Act permitting
  • Land use opinions
  • Regulation of signs
  • Fifth Amendment taking issues
  • Regulation of adult businesses
  • Due process issues
  • Equal protection issues
  • Manufactured housing
  • Mobile home parks
  • Campgrounds
  • Impact fees and exactions
  • Planning board issues
  • Ordinances
  • Obscenity issues
  • Variances
  • State and federal rules, regulations
  • Pending legislation