CLA Land Use Regulations & Zoning Law 1 — Questions and Answers
Question 1: A landscape architect is designing a mixed-use development near a wetland. Which federal law primarily governs activities that may affect navigable waters and adjacent wetlands?
- National Environmental Policy Act (NEPA)
- Clean Water Act Section 404 (Correct answer)
- Endangered Species Act (ESA)
- Resource Conservation and Recovery Act (RCRA)
Correct answer: Clean Water Act Section 404
Clean Water Act Section 404 requires a permit from the U.S. Army Corps of Engineers for the discharge of dredged or fill material into navigable waters, including wetlands.
Question 2: A setback requirement in a zoning ordinance specifies that no structure shall be built within 25 feet of a property line. This type of regulation is best described as a:
- Density restriction
- Bulk regulation (Correct answer)
- Use restriction
- Subdivision control
Correct answer: Bulk regulation
Bulk regulations (also called dimensional standards) govern the physical size, placement, and massing of structures on a lot, including setbacks, height limits, and lot coverage.
Question 3: When a proposed project cannot meet current zoning standards due to unique physical conditions of the property, the property owner may apply for a:
- Special use permit
- Variance (Correct answer)
- Rezoning
- Conditional use permit
Correct answer: Variance
A variance grants relief from specific zoning requirements when strict application would cause undue hardship due to unique property conditions not created by the owner.
Question 4: Under NEPA, which document is required for federal actions that significantly affect the quality of the human environment?
- Environmental Assessment (EA)
- Environmental Impact Statement (EIS) (Correct answer)
- Finding of No Significant Impact (FONSI)
- Categorical Exclusion (CE)
Correct answer: Environmental Impact Statement (EIS)
A full Environmental Impact Statement (EIS) is required when a federal action is determined to significantly affect the quality of the human environment, providing the most comprehensive environmental review.
Question 5: A landowner's right to develop property is most directly limited by which legal principle underlying zoning law?
- Eminent domain
- Police power (Correct answer)
- Riparian rights
- Adverse possession
Correct answer: Police power
Police power is the inherent authority of government to enact laws and regulations, including zoning, to protect public health, safety, and welfare, thereby limiting private property rights.
Question 6: A Planned Unit Development (PUD) differs from conventional zoning primarily because it:
- Prohibits mixed land uses on a single parcel
- Allows flexible design standards in exchange for overall site planning review (Correct answer)
- Requires all lots to conform to standard setback and lot coverage rules
- Is only applicable to residential land uses
Correct answer: Allows flexible design standards in exchange for overall site planning review
A PUD allows flexibility from standard zoning requirements—such as varied setbacks and mixed uses—in exchange for a comprehensive site plan review that ensures the project meets broader community goals.
Question 7: Which term describes the situation where a previously lawful non-conforming use may continue after a zoning change but cannot be expanded?
- Spot zoning
- Grandfathering (Correct answer)
- Downzoning
- Conditional use
Correct answer: Grandfathering
Grandfathering (legal nonconforming use) allows a use that was lawful before a zoning change to continue, but it typically cannot be substantially expanded or changed to another nonconforming use.
CLA Land Use Regulations & Zoning Law 1
A landscape architect is designing a mixed-use development near a wetland.
Which federal law primarily governs activities that may affect navigable waters and adjacent wetlands?