Land use regulations and zoning

Urban Ag home | Table of contents

Zoning and land-use regulations are how states and local governments control how land within their jurisdictions may be used. Some land uses will be allowed without a permit and others will require a permit, usually called either a “special use” or “conditional use permit” depending on the community. Permit applications usually allow land uses and structures on a case-by-case basis and typically require site plan approval, public meetings, and permit fees. Before licensing, leasing, or purchasing land, make sure the property is zoned for the planned use of the land, and research whether you will need a permit.

Zoning involves government agencies (typically at the local level) drawing zoning maps of cities that indicate which areas of the city are to be used for residential purposes, commercial purposes, industry, mixed-use, etc. Once these zones are designated, certain activities and structures are allowed or disallowed in each of the zones, such as where certain types of urban agriculture may be practiced, permissible lot sizes, whether commercial production is permitted, the type and number of livestock that may be kept, and the types of structures that can be built. Some codes also set standards for irrigation runoff, pesticides, sanitation, livestock slaughter, setback requirements, and aesthetics, among other things (Public Health Law Center; Vaage and Taylor).

Among the types of allowed structures in a zoning district, some are allowed as principal structures and others as accessory structures. Accessory structures are usually structures that complement the primary structure. For example, in a single-family residential zone, a single-family home will typically be permitted as a primary structure, but a shed or greenhouse will likely be an accessory structure.

In some communities, the zoning provisions do not specifically discuss or identify some or all structures in their list of permitted uses in various zoning districts. If that is the case in the community where your farm is located, you may be able to demonstrate that the structure you intend to use is similar to another type of use that is contemplated in your local jurisdiction. Keep in mind that in some jurisdictions if an activity or structure is not specifically allowed, that may mean it is prohibited.

At the same time, some activities may only be allowed as accessory uses to another allowed primary structure or activity on the property. For example, in some zoning districts, on-site agricultural sales may only be allowed as an accessory use to the primary permitted use of crop agriculture.

Zoning and permitting rules change over time in response to strategic planning and community advocacy. For up to date, local information you will need to consult your local municipality. In most municipalities, zoning and permitting information is housed in the city or county planning department. Enforcement of zoning and permit applications may be housed in other municipal departments. For example, in Baltimore City, livestock permit applications and enforcement fall under the Baltimore City Health Department, Office of Animal Control’s Regulation of Wild, Exotic, and Hybrid Animals.

To find out what the rules are, it’s usually best to start with the planning department. Be patient and professional when communicating with municipal staff, and know that, especially in large cities, front desk staff in departments other than the planning department may not be familiar with urban agriculture, or up to date on the latest zoning and permitting changes.

How do I find my city’s zoning maps and building codes?

If you have not already done so, or if you are considering an expansion or a change in your operation, you will want to find out what city or county zoning regulations apply to the property. Local municipalities typically have zoning maps available for the public to review, often at city or county planning offices, or online. This is an important step before making any changes to the land. If you build something or start an activity that is not allowed by the zoning regulations you may be forced to remove your improvements and may even be fined.

For land located in Maryland, watch the video “Understanding and Participating in Local Planning and Zoning” on Maryland’s Agriculture Law Education Initiative’s website at www.umaglaw.org for information about how to find a parcel’s zoning, and the video “How to Access a Farm’s Land Records” for step-by-step instructions on how to find the liber (book) and folio (page) numbers, which you may need to locate your parcel on your county’s zoning map.

Below is a resource list for zoning and permitting in some of Maryland’s major urban areas.

Back to top
Previous page: City-supported land access programs
Next page: Building codes