Real Estate

4.44

Land Use Application Boot Camp: Conditional Use Permits, Variances, Subdivisions, and More

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Florida Registered Paralegal Approved 7 Total
Montana CLE Credit for Paralegals Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
OnDemand
5 hours 52 minutes
Amy Goins
Jeff Capell
Clayton Preece
Henry Zomerfeld
Frederic Knaak
Anne L. H. Studholme
With Amy H. Goins from Ursillo, Teitz & Ritch, Ltd. + 5 others
Recorded November 18, 2024
Product ID 99751

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Overview

Build the Foundation for a Successful Practice

Ownership of land does not mean complete control. Property owners wishing to develop need to deal with some level of red tape before even thinking about breaking ground. This "back-to-basics" program will teach you all the essentials you need to know about conducting due diligence, communicating with government staff and agencies, preparing applications, and securing approvals for your clients' projects. Don't let your clients' development dreams languish at the planning stage - register today!

  • Conduct thorough land use diligence to identify issues and approvals that need to be sought.
  • Pick up tips for working with local government staff and officials to help expedite the approval process.
  • Learn how to request variances, conditional use permits, and rezoning when permitted uses don't match up with clients' visions.
  • Discover how to subdivide and how to recombine land.
  • Find out what land use lawyers need to know about road and easement law.
  • Explore basic water and environmental concerns that can create roadblocks or hiccups in development.
  • Navigate the appeals process when land use applications are unfairly denied.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Kimberly Jackson.

Abbreviated Agenda

  1. Due Diligence and Site Plans 101
  2. Tips for Communicating With Municipal Staff, Zoning Boards, and Planning Commissions
  3. Zoning Variances, Conditional Use Permits, and Rezoning
  4. Land Subdivision and Recombination
  5. Road and Easement Issues and Answers
  6. Water and Basic Environmental Considerations
  7. Essentials of Challenging or Appealing an Adverse Zoning Decision
  8. Legal Ethics

Related Topics

Product ID 99751

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Florida Registered Paralegal Approved 7 Total
Montana CLE Credit for Paralegals Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Due Diligence and Site Plans 101

    1. Role and Importance of Comprehensive Plans
    2. The Various "Flavors" and Scope of Zoning Ordinances
    3. Essentials of Private Land Use Controls (Deed Restrictions and Conditions)
    4. Conducting Due Diligence
    5. Working With Engineers and Other Third Parties
    6. Site Plan Reviews and Approval

  2. Tips for Communicating With Municipal Staff, Zoning Boards, and Planning Commissions

  3. Zoning Variances, Conditional Use Permits, and Rezoning

    1. Permitted Uses
    2. Noncomforming/Grandfathered Use
    3. Special Exceptions/Conditional Uses vs. Variances
    4. Getting a Zoning Variance
    5. Requesting a Conditional Use
    6. How to Rezone Property

  4. Land Subdivision and Recombination

    1. Land Subdivision Process, Procedures, and Documents
    2. Utility Permits and Easements
    3. Land Dedication
    4. Planned Unit Developments (PUDs)
    5. Recombination Plat Process and Application

  5. Road and Easement Issues and Answers

    1. Public Roads: Creation, Use, and the History of R.S. 2477
    2. Establishing Easements
    3. Abandonment and Vacation of Easements
    4. Road and Access Pitfalls
    5. Evidentiary Considerations
    6. Disclosures (The Duty to Disclose)
    7. Common Road Access Problems

  6. Water and Basic Environmental Considerations

    1. Water Rights: Prior Appropriation vs. Riparian
    2. Application, Lease, Transfer, and Sale of Water Rights
    3. Stormwater Issues and Permits
    4. Endangered Species Act
    5. CERCLA and RCRA
    6. Navigable Waters of the United States

  7. Essentials of Challenging or Appealing an Adverse Zoning Decision

    1. Administrative vs. Judicial Appeals
    2. Exhausting Administrative Remedies
    3. Standing Issues
    4. Assertion of Collateral Constitutional and Other Claims
    5. Making an Effective Argument

  8. Legal Ethics

    1. Conflicts of Interest
    2. Required Disclosures
    3. Ex Parte Contacts
    4. Attorney's Fees

Who Should Attend

This program is designed for attorneys. Land use planning professionals, developers, and paralegals may also benefit.

Speakers

Amy H Goins
Amy H.
Goins
Ursillo, Teitz & Ritch, Ltd.
Jeff H Capell
Jeff H.
Capell
City of Tacoma
Clayton H Preece
Clayton H.
Preece
Smith Hartvigsen, PLLC
Henry A Zomerfeld
Henry A.
Zomerfeld
Hodgson Russ LLP
Frederic W Knaak
Frederic W.
Knaak
HKB Law, P.A.
Anne L. H. Studholme
Anne
L. H. Studholme
Post Polak, PA
Speaker bio
Amy H Goins

Amy H. Goins

Ursillo, Teitz & Ritch, Ltd.
Amy Goins

is an attorney with Ursillo, Teitz & Ritch, Ltd. She concentrates her practice in municipal law, and is an assistant solicitor to five municipalities in Rhode Island. Ms. Goins prosecutes misdemeanors, drafts ordinances, reviews contracts, and provides counsel on zoning and planning matters. She earned her B.A. degree from Brown University and her J.D. degree from Roger Williams University School of Law, where she graduated summa cum laude and was a member of the Law Review. Ms. Goins is admitted to practice in state and federal courts in the state of Rhode Island and in the Commonwealth of Massachusetts. She is a member of the Rhode Island Bar Association's House of Delegates.

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Speaker bio
Jeff H Capell

Jeff H. Capell

City of Tacoma
Jeff Capell

is the hearing examiner for the City of Tacoma. Previously, he was a deputy city attorney with the City of Tacoma and a senior assistant city attorney with the city of Bellingham, Washington. Prior to his Washington municipal work, Mr. Capell was an in-house counsel with Albertson's, Inc., Kia Motors, Corp., and SK Corp. He earned his B.A. and M.A. degrees from Brigham Young University and his J.D. degree, with honors, from Seattle University School of Law. Mr. Capell has extensive experience in the areas of land use, real estate, contract, construction, and general municipal law. He is admitted to practice in, and is a member of the Washington State Bar Association and Idaho State Bar.

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Speaker bio
Clayton H Preece

Clayton H. Preece

Smith Hartvigsen, PLLC
Clayton Preece

is an attorney with Smith Hartvigsen, PLLC, where he represents individuals and businesses in a wide range of litigation matters, including business and construction disputes, products liability, natural resources, oil and gas, and covenants not to compete. Mr. Preece also has experience in settlement negotiations and mediation. He earned his B.A. degree from Utah Valley University and his J.D. degree from The George Washington University Law School. Mr. Preece is a member of the American Bar Association and Utah State Bar.

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Speaker bio
Henry A Zomerfeld

Henry A. Zomerfeld

Hodgson Russ LLP
Henry Zomerfeld

is an attorney with Hodgson Russ LLP. He concentrates his practice in environmental, energy and municipal law. Mr. Zomerfeld's practice includes representing businesses and municipalities in a variety of commercial and contract-based litigation, as well as advising clients on regulatory compliance, regulatory enforcement actions, and environmental risk assessment issues. Additionally, he represents municipalities in a variety of matters, including those related to takings, zoning, land use, and code enforcement. Mr. Zomerfeld earned his B.A. degree, cum laude, from State University, College of Buffalo; and his J.D. degree from University of Buffalo School of Law.

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Speaker bio
Frederic W Knaak

Frederic W. Knaak

HKB Law, P.A.
Frederic Knaak

is a partner in the law firm HKB Law, P.A. Recently, he has moved that practice into North Star Law Group in St. Paul, Minnesota, where he heads the municipal law group. Mr. Knaak has represented cities and other local units of government for more than 45 years. His practice includes real estate, zoning and land use, municipal law, public and election law, including substantial trial and appellate litigation experience state and federal courts. For ten years, Mr. Knaak served in the Minnesota Senate, representing a suburban district northeast of St. Paul. He was the minority floor leader, and served during his entire tenure on the Data Practices Subcommittee, where he was directly involved in the drafting and amending of the Minnesota Data Practices Act and the open meeting law of that state. People in Minnesota may recognize Mr. Knaak as a regular political panelist on the public television Almanac program. He was also lead attorney in the United States Senate election recount in Minnesota in 2008. In addition, Mr. Knaak was recently appointed to the Criminal and Juvenile Information Policy Advisory Group.

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Speaker bio
Anne L. H. Studholme

Anne L. H. Studholme

Post Polak, PA
Anne L. H. Studholme

started her career at Hill Wallack and has been of counsel to Post, Polak, Goodsell & Stauchler, P.A., since 2014. A litigator with 30 years of experience in trial and appellate courts at all levels, state and federal, her practice emphasizes complex litigation: subdivisions and site plans, redevelopment, eminent domain, COAH/Mt. Laurel, disability rights, Fair Housing Act matters, RLUIPA (religious land use cases), class actions, environmental and commercial disputes, and civil RICO cases. Her main focus is inclusionary housing development. A Real-Estate-New Jersey Top Real Estate Attorney, Ms. Studholme has served as chairman of the Land Use Section of the New Jersey State Bar Association and on the Advisory Committee of the Urban Land Institute of Northern New Jersey. In 2010, as a solo practitioner, she represented a nationwide consortium of disability-rights organizations as amici curiae in an appellate case of first impression, Betancourt v. Trinitas Hospital. Ms. Studholme earned an A.B. degree from Princeton University; her J.D. degree from University of North Carolina, Chapel Hill; and was a visiting scholar at Duke University in Constitutional law.

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