Navigating New Jersey Land Use Law as a Homeowner

If you are a homeowner and need to apply to the Zoning Board of Adjustment for a variance for any reason, such as a swimming pool, fence or shed, you do not NEED to have a lawyer, but you might want one!

While it’s not a legal requirement to have a lawyer for a zoning variance in New Jersey, there are certain situations where having legal counsel can be beneficial:

Complex or Controversial Variances: If your zoning variance involves complex issues, such as a use variance, where you’re asking for permission to use land in a way that is not permitted under the zoning ordinance, having a lawyer with experience and knowledge in land use law can help ease the process.

Significant Variance Requests: if you’re asking for a use variance or several bulk variances, a lawyer can help frame your request in a way that increases your chances of approval and ensure you’re complying with all relevant legal standards.

Opposition from Neighbors or the Public: if there is strong opposition from neighbors or community groups a lawyer can help you address concerns, handle public hearings, and effectively argue your case before the zoning board. They can also help ensure that you are following all legal steps to notify neighbors.

Navigating Legal Precedents: Zoning decisions are sometimes based on case law or previous decisions in similar cases. A lawyer with zoning experience can reference these precedents to support your request.

Appeals and Legal Challenges: If your application is denied and you want to appeal the decision, a lawyer will be essential to navigate the appeals process, which involves filing a legal challenge in the New Jersey courts.

In New Jersey, land use law can be highly complex. While you certainly are not required to hire a lawyer, it can improve your chances of a successful outcome. RMSHC specializes in using the legal tools and options necessary to best navigate the law as it relates to your personal land use projects.

Plan ahead and contact our office to schedule a consultation with one of our firm’s experienced attorneys, please contact our office at 732-363-0777.