When do you need a land use attorney vs. a land use consultant?

Very often I receive questions from new clients that veer into attorney territory. I will always guide clients to local, experienced land use attorneys when we hit this point. Aland use attorney and a land use consultant can both help property owners navigate development, zoning, and permitting issues, but they serve different roles. The biggest distinction is that attorneys provide legal advice and representation, while consultants typically provide technical, planning, and project-management expertise.

Here are some general categories of things that a land use consultant cannot help clients with:

• Advise on Property disputes with your neighbor

• Claims against an inspector who you feel missed something in your home inspection

• Draft legal documents (easements, deeds, etc.)

  • Note: Some recordable documents that are required for a project are templates that the County or City provide that we need to use. But if your project requires drafting and recording a legal document specific to your property that is not a template, you’ll need a land use attorney on your project team.

• Appeal permit denials or adverse decisions

• Negotiate development agreements, easements and other legally binding documents

• Challenge zoning decisions or government actions in court

• Advise on property rights issues including takings, vested rights and constitutional claims (like water right claims)

So what does that leave? Why would you hire a land use consultant? For less than half the hourly rate of an attorney, land use consultants can help you:

• Research property-specific questions you have (so you don’t have to go to the permit counter and walk away with little confidence in what you’ve been told)`

• Evaluate and determine if your project concept is feasible.

• Prepare, support and manage permit application processes for land use permits that include …

  • Short and long plats/subdivisions

  • Boundary line adjustments

  • Lot of Record applications (confirming how many buildable lots you have, which isn’t always cut and dry)

  • Conditional Use Permits

  • Shoreline Permits

  • Reasonable Use Permits

• Coordinate with engineers, surveyors, architects and environmental specialists

• Manage project timelines and agency interactions

• Prepare presentations for public meetings and hearings

If you’re ever unsure which professional you need, please don’t hesitate to ask. We work together on projects and we guide property owners to the correct support for your specific situation.