HOME > Land Use > How can I protest a proposed development?

Any citizen may participate in a public hearing concerning a proposed development or land use. Notices of public hearings are available at local government offices or websites, in other public places, and in local newspapers. In some matters, notices are mailed to property owners who may be impacted by the proposal being considered. The requirements for notice vary according to the nature of the proposal.

Some matters not subject to a public hearing. Some “routine” zoning decisions or interpretations of a zoning ordinance are made without public notice. In addition, a permitted use may be approved without a public hearing, provided the application is complete.

Can I Appeal a Decision to Approve a New Development?

In most land use matters, a person affected or impacted by the decision may appeal. Whether or not a person is affected depends upon the nature of the decision. For example, the owner of property subject to a zoning change is most likely an affected person, but the owner of an adjoining parcel may or may not be affected, depending on the circumstances.

What Are My Rights to Stop an Offensive Use?

Private property owners have some rights to prevent nuisances or offending uses that impact their property. Property owners may also prevent trespassing on their property. An owner may need to consult with an attorney to determine exactly what can be done.   (Do I Need an Attorney?)

If a use violates a local ordinance or a condition imposed when the land use was approved, then the local government should be notified. This does not mean that the government will take action, however.

These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.