Faith writes: Where do I start to make my six-acre unimproved lot buildable? Though there is a house on the lot adjacent to my land, in addition to three to four homes in front of my property, the planning and zoning department in my county is saying that my land is not buildable.
Steve Bliss, of BuildingAdvisor.com, responds: The place to start is by talking with the planning and zoning department in the local government — town, city, or county — that has jurisdiction over your property. Find out specifically who is saying that the lot is unbuildable and why — most likely the zoning department. A face-to-face meeting is often more productive than talking on the phone or emailing.
Since building and zoning laws vary in every jurisdiction, there is no general answer or general solution to your problem. In most cases, the problem is based in zoning regulations — for example, your lot is too small under current zoning rules. It could also have to do with access to the site or anything else controlled by zoning department. Water well and septic issues are often under the jurisdiction of the health department. The state DEQ may also play a role is issues related to the environment.
Once you know the specific reason(s) cited, ask the official in charge, if he/she is aware of any steps you could take that would enable you to build on the site. For example, if the problem is one of perc testing, you may be able to install an “alternative” septic system. If the problem is lack of access or frontage, you may be able to negotiate a right-of-way with a neighbor. If the problem is one of lot size, or other zoning regulations, you may be able to apply for a zoning variance. In some cases, if a lot was buildable when it was subdivided, it may grandfathered as a buildable lot even though it is unbuildable under current regulations.
If a zoning official tells you that the site would be buildable if you do X, ask them politely if they please put that in writing in the form of a letter (on official letterhead).
Once you have a clear understanding of the problem, you will need to speak with a local attorney with extensive experience in real estate law. In a short phone conversation, or a one-hour meeting, you should be able to determine the likelihood that you will be able to build on the lot, and the time and expense required to achieve your goal. For what it’s worth, I know of at least two “unbuildable” lots in my area that were eventually built on, sometimes years later by someone who made the effort to untangle the regulatory restrictions.
One final caution: if you apply for a variance, abutters will be officially notified and allowed to raise objections during a limited time period. They can also appeal the variance once it’s granted. This happened to me in one case and I had to hire a lawyer and pay him a few thousand dollars to deal the groundless appeal.
Michael Corvin says
Can I Build Storage Space on Wetlands
Hi, Question I have. I’m looking into purchasing a lot that claims to be unbuildable. Has wet lands. Somewhere in the northeast area.
Now there’s a commercial building next to it. A residential home on the other side. Next to the house there is a lot being utilized for a commercial asphalt company
The road is a dead end and intersects a commercial main rd. The land is listed as residential.
What I need to know is it possible to get a variance to list it as commercial land and can I build a cold storage facility on the land. Assuming I can build up the grade with fill and so forth.
The Storage facility will not have any plumbing and electricity just steel constructed units. Similar to U-Haul storage
Thanks
Mike
buildingadvisor says
“Unbuildable” is not a legal term. It’s more of a description or an opinion. I have seen people build on “unbuildable” lots and even own one (purchased from privacy and views).
Assuming that the lot you are considering is “unbuildable” to due to wetlands, you have four main issues to consider:
– permitting
– septic
– drainage
– structural
Permitting: Obtaining a permit for your proposed project is difficult on wetlands. First you need to determine the boundaries of the wetlands as defined by state and federal law. This is generally done by wetland consultants. You can get a list of names from your local Army Corp or Engineers website. Allowable strategies are to build completely outside the wetland area with the required clearances, to minimize your impact on the wetland, or to “mitigate” the impact by constructing a new wetland area. Permitting can be costly and slow.
Septic: Even if you can obtain the required wetlands permit, the lot will most likely need to pass a perc test if you are planning to install a septic system. A high water table will disqualify the lot from a conventional septic system.
Drainage: It’s difficult to keep a building dry on a wet site. Site drainage is challenging. Wet soil can cause high interior moisture levels and a wet basement for homes with a full foundation.
Structural: Wet soils with high levels of organic material may not easily support the required loads of your proposed building. An engineered foundation will cost more in design and construction costs.
For a commercial use like you describe with no plumbing and no one living on the site, permitting will be easier, but there are no guaranties. A variance won’t help you with the wetlands issues, but could possibly allow you to build a storage facility on a lot that is zoned residential. However, obtaining a variance can be slow and complicated. And if the town or any abutters do not support your project, then the variance may be denied.
Bottom line, building on a site described as “unbuildable” can be complicated, time-consuming, and expensive. There are no guaranties that you can obtain the required permits. The first step would be to meet with your local zoning official to get their opinion of your project. Next, you may want to buy an hour of time from a local attorney specializing in commercial real estate.
Read more about building on regulated wetlands.
DB says
House Is Sliding Down Slope — Help!
My house appears to be sliding down the slope on which it is built, and the building is no longer level. We discovered that our neighbors were told by the previous property owner that the land had been “red flagged” as unbuildable. However, he sold us the land for the purpose of building a house and said nothing about the problems. Now our house is facing these problems. Where do we go from here?
buildingadvisor says
Sorry to hear about your situation. There is a lot to unpack here. It sounds like the previous owner may have had knowledge about problems with the site and did not disclose them to you. If the town had “red flagged” the lot as unstable or unbuildable, then the town building department may have records of site inspections and regulatory actions on their part. To untangle this, I’d look at three main areas of concern:
1) How to stabilize the repair the house. This is the first issue to address if you wish to prevent further damage and repair the building. A problem of this scope needs the input of an engineer (structural, soils, or civil). They are the profession with expertise in analyzing your problem and specifying a repair strategy. Most likely, they can connect you with a contractor capable of performing the work. Although the lot may be challenging to build on, there is almost always a technical solution to problem soils. The cost, however, may be more than you can afford.
2) Who is responsible for repairs? Determine whether the contractor made mistakes and may be responsible to make repairs. If the building inspector issued a permit after “red flagging” the site, and a contractor built an inadequate foundation, you may have some legal recourse to get some level of repair done at the contractor’s expense. Many new homes are under warranty for at least one year for major structural systems. This is required by some lenders. Also under state law, a builder may be responsible for major structural or mechanical defects for several years. Check with a lawyer for further information.
3) Is the seller or real-estate agent liable for your losses? Determine whether or not the seller and/or the real estate agent broke real estate disclosure laws or committed fraud in selling you defective real estate. Nearly all states have disclosure laws requiring that sellers disclose know “material defects” about a property to prospective buyers. It the property was “red-flagged” by the building department for soil issues, it would be hard for the seller to claim ignorance about this issue. Unfortunately the only way to enforce these laws is by a lawsuit or negotiations held under the threat of a lawsuits. Lawsuits are expensive, slow, and stressful, and there is no guarantee of success, but it’s worth for a problem of this magnitude. A good lawyer will be honest with you about the cost, timing, and prospect for success in taking legal action.
In the meantime, document everything with photos, documents, and extensive notes (with dates) of all relevant conversations. These will be invaluable in negotiations and possible legal action.
Ana Fuller says
Can I Put Tiny House on Unbuildable Lot?
I’m looking at a plot of land that is unbuildable because of land movement. If I can find a way to build a tiny home or something that doesn’t require any excavation, do you think most planning/zoning commissions would allow it?
buildingadvisor says
Sounds like the land may be unsuitable for any permanent structure. But perhaps a tiny house with a pump-out system would be allowed if you met certain criteria. Different municipalities (cities, town, counties) treat tiny homes differently, so you really need to check with the local government where you are hoping to build.
Many areas do not have specific regulations regarding tiny houses. These areas tend to treat them like RVs if they are on wheels or like manufactured homes if placed on a permanent foundations. Homes on permanent foundations usually have more flexibility in terms of placement. But, in your case, that might not be an option.
Some areas that are more friendly to tiny homes have passed special regulations that make it easier to get them approved.
In addition to zoning regulations, you will need to deal with building department regulations regarding minimum size, utility hookups, foundations, egress, ceiling height, and structural issues. Also the water supply and treatment of wastewater need to be addressed. If you need a septic system, you will need to work with the health department to obtain a permit.
You can find a lot of state-by-state information and practical tips from the Tiny House Society.
Once you have a list of questions and preliminary plans, your best bet is to meet in person with the zoning administrator and building inspector for the area where you are building. They can tell you what options might be available and what you will need to do to get the necessary permits.
TinyBuilder85 says
Can Tiny House Go On Unbuildable Lot?
Can you put a tiny home on an unbuildable lot? If so, does it have to stay on wheels or can it be put on a foundation? Or would the foundation be considered building on the lot? If I can put a tiny home on an unbuildable lot what do I do about electricity and plumbing?
buildingadvisor says
You may have an uphill battle convincing the zoning board that a tiny house is more like a motorhome than a house. If it has axles, you would probably be better off calling it a trailer or motorhome, rather than a tiny house. How the zoning board classifies the building will affect its status under zoning regulations.
If you can find others tiny house owners in the area, they could be a valuable resource.
Zoning laws typically divide up the land into different zoning categories such as residential, commercial, and industrial, and then subdivide these further into R1, R2, R2, etc. Each zone, for example Residential 1, will have approved uses, prohibited uses, and other regulations controlling the activities and structures allowed in the zone. Some uses may be allowed provisionally, subject to a special review.
As with any law, there is sometimes some ambiguity in the language of the law, requiring interpretation on the part of the town’s zoning administrator. For example, what exactly is a “permanent residence,” vs .a camper. Where do manufactured homes (formerly called mobile homes) fit in? These terms may be defined in great detail in the zoning laws, but still leave some wiggle room for certain uses.
In some cases, a use is neither expressly allowed or prohibited. It may be a use that did not exist when the zoning law was written, or something that was overlooked. In that case, the zoning board will usually apply the category that most closely resembles the use in question, in its opinion. They may say a tiny house is basically the same as a manufactured home and apply the relevant rules.
If your zoning application is rejected, you can appeal to what is typically called the Zoning Board of Appeals. If the appeal is rejected again, you can go to court, but that takes a lot of time, money, and effort.
If your tiny house is allowed, town regulations will also define your options for power and sewage. Most likely, the hookups would be similar to what are used for a manufactured (mobile) home. Power can be brought to the home by the electric company. Sewage may need to be stored in a holding tank and pumped out regularly. Septic system regulations are generally overseen by the health or environmental department.
e place to start is the town’s website, where the zoning regulations are usually posted. They may not be 100% clear to you, but this will help you put together a list of key questions. Next, plan a meeting with the local zoning administrator.to explain your plans, ask questions, and get their perspective and suggestions. Bring a site plan and provide as much detail as you can. The more informed you are, the better.
Thor says
If it were me , I’d put up fast growing thick hedge to block view from my neighbors. I would then start hauling in large truck loads of sand and fill dirt. Once I had all of this material that I needed to cover my construction, I’d start putting in the foundation and drainage. When this is finished begin building the walls and putting them in place. Next put on your living roof then fill 6 feet of sand all the way around and against your sealed walls. Once the sand is in place put on the fill dirt following up with a seeded matting to cover the fill dirt. As far as they know you just built a hill on your land.
Roger Durant says
Is Cabin Allowed On Unbuildable Lot?
Can you put up a non-permanent structure like a little 10 x 10 Bunkie on a lot that is unbuildable ? In CT
buildingadvisor says
I’m assuming you’re talking about a cabin of some sort. I grew up in New England and never heard of a Bunkie.
The short answer is it depends on your local zoning laws and the zoning official who interprets and enforces them. This is going to be a different story in every city and town in the U.S.
In general, trailers and other non-permanent structures are allowed on unbuildable lots as long as they are not expressly prohibited. Whether or not the local authorities consider the cabin a non-permanent structure is a matter of local regulations and their interpretation.
It always gets sticky around the issue of sewage. An above-ground pump-out tank of some sort will probably be acceptable, similar to what an RV has. Anything in the ground is likely to be prohibited.
It also depends on why the site is unbuildable. Different rules may apply to, say, an undersized lot than a wetlands or toxic waste site.
Bottom line: Unless you want to live dangerously, check with your local zoning official before setting up your cabin. Is it better in this situation to ask for permission or forgiveness? That’s your call. Best of luck!
Iris says
Thank you!! I managed to get a letter from zoning regarding a waiver. I didn’t think about going after non-buildable lots until I came across this post.
buildingadvisor says
Great, glad to hear it worked out for you. Whatever you do, don’t lose that letter as the next time you talk to the zoning board, there could be new people, new rules, or just short memories. It can seem pretty arbitrary at times!
Robert says
Those laws are fraudulent. Ask for proof that, because the property is within a certain area, its owner is subject to any arbitrary opinions of an “elected” group of pirates. They can’t show proof, probably because there is none.
Luke says
Go away with this sovereign citizen b.s. Law is binding whether you like it or not. If the zoning department of a town or municipality declared that you cannot build, then you cannot build without first renegotiating. If you defy that, you can run into some serious legal trouble.