Florida’s growing population has made available land ever more scarce. Local governments’ proactive steps to shape their communities has led to updates in master plans, new ordinances, more stringent staff reviews, and stricter code enforcement, which can often conflict with developers’ and property owners’ intentions.
As a result, commercial developers seeking project approvals, local businesses applying for tax licenses, and residential property owners facing permitting or code enforcement issues, dealing with municipal or county regulations can be complex, costly, and time-consuming.
This has led to increased land use, zoning, and property-related challenges by developers, property and business owners, and even residents looking to achieve the highest and best use of their holdings.
Consider these strategies before engaging with local government on land use matters in pursuit of the most profitable, legally permissible, physically possible, and financially feasible use of your property:
Understand the code of ordinances. Knowledge is power. Review the relevant ordinances to ensure they have been interpreted and applied correctly. Ask informed questions - and don’t automatically accept local government directives regarding permits and approvals without verifying them.
Leverage state preemptions. Check state statutes for preemptions that may override local regulations. The Florida Legislature has enacted laws limiting municipal control over certain land use matters. For example, the Live Local Act prevents municipalities from restricting the building height of affordable housing projects below the highest allowed height for nearby commercial or residential buildings. Similarly, the Resiliency and Safe Structures Act prohibits local governments from blocking the demolition of certain coastal structures.
Engage the right people. If you face roadblocks with planning or building departments, escalate the issue by reaching out to department directors, elected officials, such as commissioners, council members, or the mayor, or the city manager. Communicating with key decision-makers often leads to quicker and more effective resolutions than dealing solely with staff-level personnel.
Seek legal guidance early. Consulting an attorney with expertise in land use, zoning, regulatory or administrative law at the city, county and state levels can help you navigate government processes effectively. A skilled and connected attorney can anticipate potential challenges, craft persuasive arguments, and leverage established relationships with officials to facilitate approvals.
Many property and business owners attempt to handle issues on their own, only to find themselves entangled in bureaucratic hurdles. Engaging an experienced attorney early can help prevent unnecessary obstacles and ensure a smoother process. The right legal counsel familiar with local regulations, community dynamics, and key decision-makers can make all the difference in achieving successful outcomes in the effort to maximize the highest and best use of your property, project or development.
Ryan Horland is an associate with Tripp Scott focusing his practice in the areas Ryan Horland is an associate with Tripp Scott focusing his practice in the areas of Land Use and Governmental Affairs.
For more than 50 years, Tripp Scott has played a leadership role in issues that impact business.
Learn more at TrippScott.com