Understanding “Reasonable Use” in Environmental Permitting

As property owners and developers, we often find ourselves navigating a complex web of regulations and restrictions when it comes to using our land. One such concept that frequently arises in environmental permitting is "reasonable use." But what exactly does this term mean, and how does it impact your property rights?

"Reasonable use" is a legal concept that refers to the principle that property owners have the right to use their property in a reasonable manner that does not interfere with the rights of others or the public interest.

At its core, "reasonable use" is about finding a balance between the rights of property owners to use their land as they see fit and the public interest in protecting natural resources and the environment. "Reasonable use" is not a blank check for property owners to do whatever they want with their land. Instead, it's about finding a middle ground that allows for development while also protecting the environment and the interests of the community. This can be a delicate balancing act, requiring careful consideration of various factors, including the nature of the development, the sensitivity of the environment, and the needs of the community.

A Reasonable Use variance may be applied for if the application of Environmentally Sensitive Area buffers (or critical areas buffers), such as those for wetlands, streams, and geohazards, deny all reasonable economic use of a property.

Environmentally Sensitive Area buffers are designated areas around sensitive environmental features where certain land use activities are restricted to protect the environment. While these buffers are important for preserving the ecological integrity of these areas, they can sometimes impose significant limitations on property owners' ability to use their land for economically viable purposes.

To qualify for a Reasonable Use Variance, property owners must demonstrate that the application of Environmentally Sensitive Area buffers completely deprives them of any reasonable economic use of their property. This typically involves showing that the buffers render the property unsuitable for any economically feasible development or use, and that granting the variance would not cause significant harm to the environment or public welfare.

The process for obtaining a Reasonable Use Variance can be complex and involves submitting a formal application to the local jurisdiction's planning or zoning department. The application must include detailed documentation and analysis demonstrating the hardship imposed by the constraints on the property and the lack of reasonable use of the property without a variance.

The granting of a Reasonable Use Variance is not automatic and is subject to review and approval by the local jurisdiction. The decision is typically based on factors such as the extent of the hardship, the environmental sensitivity of the affected area, and the availability of alternative development options that would not require a variance.

If you believe that ESA buffers are limiting the reasonable use of your property, it may be worth exploring the possibility of applying for a Reasonable Use Variance. Our team specializes in navigating environmental regulations and can help you understand your options and navigate the application process. Contact us today to learn more about how we can assist you in protecting your property rights while also protecting the environment.