CPL Land Use Planning & Zoning 3 — Questions and Answers
Question 1: A 'conditional use permit' (CUP) in land use planning is best described as:
- Permission granted when a use is not listed in the zoning ordinance but meets specific criteria after review (Correct answer)
- An automatic right to develop any use within an industrial zone
- A federal permit required for all oil and gas operations
- A temporary easement for pipeline construction
Correct answer: Permission granted when a use is not listed in the zoning ordinance but meets specific criteria after review
A CUP allows uses that may be compatible with a zone under certain conditions, subject to public review and approval by a planning commission or board.
Question 2: The legal doctrine that prohibits a local government from using zoning to effectively prevent all economically viable use of a property is known as:
- Inverse condemnation
- Regulatory taking (Correct answer)
- Spot zoning
- Downzoning
Correct answer: Regulatory taking
A regulatory taking occurs when a government regulation goes so far as to deprive a landowner of all economically beneficial use, requiring compensation under the Fifth Amendment.
Question 3: Which federal law requires federal agencies to prepare environmental impact statements for major federal actions that significantly affect the quality of the human environment, including certain land use decisions?
- Clean Air Act
- National Environmental Policy Act (NEPA) (Correct answer)
- Resource Conservation and Recovery Act
- Surface Mining Control and Reclamation Act
Correct answer: National Environmental Policy Act (NEPA)
NEPA mandates environmental review, including EIS preparation, for major federal actions, which can include federal land leasing and permitting decisions affecting oil and gas development.
Question 4: A municipality enacts a zoning ordinance that singles out one specific parcel for a restrictive classification inconsistent with surrounding parcels. This practice is called:
- Overlay zoning
- Spot zoning (Correct answer)
- Cumulative zoning
- Incentive zoning
Correct answer: Spot zoning
Spot zoning applies a zoning classification to a single parcel that differs from surrounding land without a rational basis, which courts often find invalid.
Question 5: In a Planned Unit Development (PUD), land use regulations typically:
- Apply standard Euclidean zoning classifications without modification
- Allow flexible mixing of uses and densities in exchange for public benefits or design standards (Correct answer)
- Prohibit all resource extraction activities
- Require federal approval before local zoning can be applied
Correct answer: Allow flexible mixing of uses and densities in exchange for public benefits or design standards
PUDs allow developers and municipalities to negotiate a customized mix of uses, densities, and design standards, offering flexibility not available under conventional zoning.
Question 6: When an operator seeks to place a natural gas processing facility in an area zoned 'Heavy Industrial,' the landman should first:
- Assume the facility is permitted by right and begin construction
- Review the zoning ordinance to confirm the specific use is listed as permitted or conditional (Correct answer)
- Obtain a federal permit, which supersedes local zoning
- Purchase the property outright to avoid zoning restrictions
Correct answer: Review the zoning ordinance to confirm the specific use is listed as permitted or conditional
Even in heavy industrial zones, specific uses may require conditional use permits or may be prohibited, so the landman must review the ordinance's use table carefully.
Question 7: The 'police power' as it relates to zoning refers to:
- Law enforcement authority to remove trespassers from oil and gas well sites
- A government's inherent authority to regulate land use to protect public health, safety, and welfare (Correct answer)
- The right of mineral owners to exclude surface owners from their property
- Federal jurisdiction over interstate pipeline corridors
Correct answer: A government's inherent authority to regulate land use to protect public health, safety, and welfare
The police power is the constitutional authority of state and local governments to enact regulations—including zoning—that promote public health, safety, and general welfare.
CPL Land Use Planning & Zoning 3
A 'conditional use permit' (CUP) in land use planning is best described as: