Published · By the Check the Land team
How to check what you can build in five steps
- Find out who regulates the land. Ask whether it's inside a city's limits or its extraterritorial area, or under the county. Some rural counties have no zoning at all.
- Look up the zoning district. Use the county GIS viewer or call the planning office, then read that district's allowed uses, minimum lot size and setbacks in the zoning code.
- Read the deed restrictions. Get the deed and any recorded covenants or subdivision restrictions; the title company can pull them.
- Check for an HOA or road association, and read its rules and fees.
- Describe your plan to the planning office. Ask directly whether a permit would be issued for it, and what approvals it needs.
Zoning
Zoning divides land into districts, such as agricultural, rural residential or commercial, each with a list of allowed uses and rules on lot size, setbacks, building height and the number of homes. Uses not on the list may need a conditional or special use permit, or may not be allowed at all.
Rural zoning varies a lot. Some counties have detailed codes; others have little or none outside towns. In Texas, for example, counties have very limited zoning power, so deed restrictions often do the work zoning does elsewhere. Many county and city codes are published online, often through code libraries such as Municode.
Deed restrictions, covenants and HOAs
Deed restrictions are private rules recorded against the land, often by a developer, that bind every later owner. They can be stricter than zoning: minimum house size, no mobile homes or RVs, limits on livestock, no further subdividing, or rules about fences and outbuildings.
A homeowners or property owners association may enforce them and charge dues or road maintenance fees. Restrictions show up in the title commitment as exceptions, so read that list carefully.
Subdividing and minimum lot size
If you plan to split the land later, or the seller is splitting it to sell you a piece, check the subdivision rules. Many counties require a survey and a recorded plat, minimum lot sizes, road frontage and sometimes road improvements before a new lot can be sold or built on. A parcel created without following them may not get a building permit.
Other rules that limit use
Even where zoning allows a use, other rules can narrow it:
- Floodplain development permits in FEMA flood zones (see flood zones)
- Wetland and stream setbacks (see wetlands)
- Septic rules that set where a house can go (see perc tests and septic)
- Protected land, conservation easements and critical habitat
- Agricultural or timber tax valuations, which can be lost, sometimes with a rollback tax, if the land's use changes
What it means for your offer
If your plans depend on a specific use, make the contract contingent on confirming it, ideally in writing from the planning office. Read the deed restrictions before you sign, not at closing. If you're relying on a variance or rezoning, assume it might not be granted.
From a real sample report
Worked example: protected land at the pin in Paradise, California
Zoning itself isn't in the screen, but some findings point straight at land-use questions. Our sample screen in Paradise, California found the pin inside a PAD-US protected area, the Terry Ashe Recreation Center, and flagged it as 'look closer'.
That doesn't say what the zoning is. It says the land at that point is recorded as protected or public open space, which can restrict use or require consultation. A buyer would want the planning office and the title company to confirm exactly where the protected land ends, and what the zoning and recorded restrictions allow on the rest.
Open the Foothill town of Paradise, California sample (PDF) · How to read a report
Common questions
How do I find out the zoning of a piece of land?
Look up the parcel on the county or city GIS viewer, or call the planning and zoning office with the parcel ID. Then read that district's rules in the published zoning code.
Can I live in an RV on my land?
It depends on the zoning, the county's rules on temporary dwellings, septic and water requirements, and any deed restrictions. Many places limit it, so ask the planning office and read the restrictions before you buy.
What is the difference between zoning and deed restrictions?
Zoning is public law set by the city or county. Deed restrictions are private rules recorded against the land and enforced by other owners or an HOA. Both can apply, and the stricter one usually wins.
Questions to follow up
- Call the planning and zoning office with the parcel ID and your plans.
- Get the deed, recorded restrictions and the title commitment's list of exceptions.
- Ask about subdivision rules if the parcel is being split, or you plan to split it.
- Ask the assessor whether an agricultural or timber valuation applies and what changes would end it.
What a Check the Land screen checks
- Protected areas (PAD-US) and USFWS critical habitat at the point
- FEMA flood zone, mapped wetlands and streams
- CAL FIRE hazard zone in California
- Land cover and land use, and distance to the nearest Census urban area
What it can't tell you
- The zoning district, allowed uses, lot size or setbacks
- Deed restrictions, covenants or HOA rules
- Whether a permit would be issued for your plans
Sources
This guide is general information, not legal, engineering or insurance advice. Rules vary by state and county.