Minnesota Land Use and Zoning Attorneys

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    Award-Winning Law Firm
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    State & Federal Court Experience
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    Experienced MN Litigators
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    Serving Minnesota Since 2003

Minnesota Land Use and Zoning Attorneys

A development project can represent years of work and a substantial financial investment, yet its viability may depend on decisions made by a city, township, county, planning commission, or other government body.

Burns & Hansen represents individuals, businesses, and developers in land use, zoning, and development matters throughout Minnesota. Our attorneys bring a strong understanding of both real estate law and the government processes that shape how property can be used, helping clients pursue their objectives with a clear understanding of the legal and regulatory landscape.

Why Burns & Hansen for Land Use, Zoning & Development

When you work with Burns & Hansen, you benefit from:

  • Experience appearing before local boards, commissions, councils, agencies, and other government decision-makers.
  • Counsel that can become involved early in the approval process to identify obstacles, address concerns, and help present the client's position effectively.
  • An understanding of how the information and arguments presented during government proceedings may shape a later legal challenge or appeal.
  • Experience with residential, commercial, and other development matters involving significant property interests.
  • Attorneys prepared to evaluate inconsistent guidance, unexpected objections, changing interpretations, and denials that may not be supported by the applicable law or record.
  • Trial and appellate capabilities for challenging land use decisions when administrative remedies do not produce an acceptable result, including appellate guidance during litigation when the record and preservation of issues may affect later review.
  • Broader real estate, construction, business, easement, and property-rights experience for development projects involving issues beyond zoning alone.

Common Situations We Can Help With

You may benefit from land use or zoning counsel if you're trying to:

  • Obtain a building or development permit.
  • Seek rezoning for residential or commercial property.
  • Apply for a variance or conditional use permit.
  • Subdivide or plat property.
  • Navigate zoning classifications, comprehensive plans, and local development requirements.
  • Prepare for proceedings before a planning commission, township board, city council, county board, or state agency.
  • Address sewer, water, access, or infrastructure issues affecting a project.
  • Establish or resolve disputes involving utility or road easements.
  • Respond to environmental or regulatory concerns affecting development.
  • Address inconsistent guidance or objections from a government body during the approval process.
  • Challenge an ordinance or government decision affecting your property.
  • Appeal the denial of a permit, variance, rezoning request, or other land use approval.
  • Have another land use, zoning, or development matter, or aren't sure whether your situation fits one of these categories. Contact Burns & Hansen to discuss your situation with an attorney.

 

Frequently Asked Questions about Land Use, Zoning & Development

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What types of land use and zoning matters does Burns & Hansen handle?

We advise property owners, businesses, and developers on permitting, rezoning, variances, conditional use permits, subdivision and platting, development requirements, easements and infrastructure, proceedings before government bodies, and challenges to land use decisions. 

When should I involve an attorney in a zoning or development matter?

Legal counsel can be valuable before an application is submitted, particularly when a project requires rezoning, a variance, a conditional use permit, subdivision approval, or another discretionary government decision. Early involvement can help identify potential obstacles and prepare for the approval process.

What is the difference between rezoning, a variance, and a conditional use permit?

Rezoning changes the zoning classification applicable to property. A variance generally seeks relief from a particular zoning requirement under qualifying circumstances. A conditional use permit allows a use permitted by the zoning ordinance when specified conditions are satisfied. The requirements and approval process depend on the applicable local rules. 

Does Burns & Hansen appear before local government boards?

Yes. Our attorneys represent clients before planning and zoning bodies, township boards, city councils, county boards, state agencies, and other government decision-makers throughout Minnesota. 

Can you help with easements and infrastructure issues affecting development?

Yes. Development projects can involve utility and road easements, access, sewer and water extensions, acquisition, construction, financing, and other property or infrastructure concerns. Burns & Hansen's broader real estate practice allows those related issues to be addressed as part of the development matter. 

Why does the record before the city or other government body matter?

If a land use decision is later challenged, the information, arguments, documents, and findings developed during the government proceedings may become important to judicial review. That makes it valuable to present the relevant facts and legal arguments while the application is still being considered. 

Can a zoning or permit denial be challenged or appealed?

Potentially. The available options depend on the type of decision, government body involved, applicable law, and what occurred during the approval process. A challenge may involve additional proceedings before the government body, litigation, or appellate review. Burns & Hansen can provide litigation and appellate counsel when a land use decision requires further review. 

Speak With a Minnesota Land Use and Zoning Attorney

Land use problems can become considerably harder to address after substantial money has been committed or a government body has issued a final decision.

Whether you are preparing to seek approval, encountering resistance during the process, or considering a challenge after a denial, Burns & Hansen can help you assess the legal and strategic options available.

Contact Burns & Hansen to discuss a Minnesota land use, zoning, or development matter.