General land use issues to investigate before buying property

     1. Physical characteristics of the property, including the suitability of soils and topography for the proposed use; the presence of water bodies on or near the site; and the presence of protected plants or animals or their habitats.

     2. Existing conditions on the property, including existing uses and tenants; whether existing uses conform to current development regulations and building codes; the presence of landmarks, historic structures, or archaeological sites; the presence of favored uses such as timber or agriculture; the presence of hazardous substances, transmission lines, or other physical impediments.

     3. Title issues, including record of survey; whether the property comprises legal building lots; encumbrances on use of the property; encroachments or prescriptive uses; and special tax classifications.

     4. Infrastructure to serve the property, including adequate street access and parking, water supply, sewage and solid waste disposal, stormwater systems, electrical power, natural gas, and telephone and telecommunication connections. Infrastructure considerations also include infrastructure cost assessments against the property.

     5. Comprehensive Plan policies, zoning regulations, and Shoreline Management Act policies and regulations (for properties within shoreline areas) applicable to the property, including, for example, permitted, conditionally permitted, and prohibited uses; development standards; overlay, subarea, or interim policies or regulations; and affordable housing requirements. Pending changes to policies or regulations should also be considered.

     6. Critical area regulations applicable to the property, including, for example, geological hazard regulations ( for steep slopes and seismic, erosion, and volcanic hazard areas), flood hazard regulations, wetland regulations, fish and wildlife habitat protections, and aquifer recharge area protections.

     7. Discretionary decisions by City or County Councils required for the proposed use, such as annexation, comprehensive plan amendment, rezone, or street vacation.

     8. Approvals and permits required for the proposed use, including local approvals (e.g., land division approvals, design review, clearing, grading, building, or conditional use permits, variances, shoreline permits), state permits (e.g., Forest Practice Approval, Hydraulic Project Approval, Ecology approval of shoreline conditional use permit or shoreline variance), and federal permits (e.g., Clean Water Act Section 404 permit, Endangered Species Act consultation).

     9. Impact fees, including transportation concurrency, parks and open space, and school impact fees.

   10. Procedural steps and timeframes for necessary approvals and permits, including State Environmental Policy Act compliance, vesting rules, notice of application or hearing, public comment periods or hearing requirements, and appeals.

   11. Community relations, including comprehensive plan policies, zoning regulations, and existing and proposed uses on adjacent properties; community organizations; important neighborhood issues; and community responses to recent land use proposals.

For More Information Contact: Richard M. Peterson.

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