Navigating Local Ordinances: A Guide to County Law and Your Property Rights

For most citizens, the laws that govern daily life often originate not from the state capital, but from the local county, municipality, or special district. Known collectively as “county law” or local ordinances, these rules dictate everything from how high your fence can be to where you can operate a business. Understanding this crucial layer of jurisdiction is essential for property owners, real estate professionals, and small business operators.

Ignorance of a local ordinance is rarely a defense, yet the complexity of these codes can feel overwhelming. This guide breaks down the core components of county law, focusing on the areas that most significantly impact real property and development, and outlines best practices for compliance and dispute resolution.

The Foundation: Zoning, Land Use, and Permits

County governments derive their authority from the state to enact ordinances that promote public health, safety, and general welfare. The most impactful of these powers is the establishment of zoning codes and comprehensive land-use plans.

Zoning Codes: The Blueprint for Development

Zoning is the process by which a county divides its land into areas (zones) where specific uses are permitted. These codes control:

• Use Restrictions: Whether a property can be used for residential, commercial, industrial, or mixed-use purposes.
• Density: The maximum number of dwelling units allowed per acre.
• Dimensional Standards: Regulations on lot size, setbacks (how far a building must be from a property line), building height, and floor area ratios.
• Aesthetic Controls: Rules governing exterior appearance, signage, and landscaping.

Building and Development Permits

Beyond zoning, nearly all physical changes to property require a permit, managed by the county’s planning or building department. This includes new construction, major renovations, plumbing, electrical work, and sometimes even tree removal. The permit process is designed to ensure compliance with the International Building Code (IBC) and other local safety standards.

Common Property Disputes Rooted in County Law

Many neighbor-to-neighbor and owner-county disputes escalate due to conflicts with local ordinances. Knowing the law can prevent an escalation to civil litigation.

Boundary and Easement Disputes

While property boundaries are defined by deeds and surveys, county law often regulates the use of that boundary space. Issues frequently arise from:

Table of Common Property Ordinance Violations

Violation Type	County Ordinance Implication
Encroachment (e.g., fence, shed)	Violates setback rules or requires a boundary line adjustment permit.
Illegal Dwelling Unit	Violates density restrictions or requires specific accessory dwelling unit (ADU) permits.
Nuisance (e.g., noise, trash accumulation)	Violates public peace or health codes, leading to enforcement action and fines.

Homeowners Associations (HOA) and County Law

In jurisdictions with mandatory HOAs, a property owner is bound by two sets of rules: the county’s ordinances and the HOA’s Covenants, Conditions, and Restrictions (CC&Rs). While HOAs have their own enforcement mechanisms, a violation of a CC&R may sometimes also constitute a violation of a parallel county ordinance (e.g., an unkempt yard that violates both HOA cleanliness rules and county nuisance codes).

Dispute Resolution and Administrative Appeals

When a county issues a violation notice or denies a permit, the first step is typically not court, but an administrative appeal to a local board, such as the Board of Zoning Appeals or a Code Enforcement Board.

Key steps in the administrative appeals process:

1. Notice of Violation Review: Carefully examine the specific ordinance section cited in the notice.
2. Gathering Evidence: Collect all relevant documents, including original deeds, surveys, permits, photographs, and statements from any relevant third-party experts (e.g., surveyors, engineers).
3. Filing the Appeal: File a formal written appeal within the strict, short timeline specified by the county (often 10–30 days).
4. The Hearing: Present your case to the local administrative board, which acts as a quasi-judicial body. This is where an organized, factual presentation can make the difference between a penalty and a resolution.

Should the administrative appeal fail, the final step is typically a judicial review of the board’s decision in a state civil court, where the focus shifts from the facts of the violation to whether the board acted within the scope of the law and due process.

Summary: Your Checklist for County Law Compliance

1. Know Your Zone: Before purchasing or modifying a property, always check the county’s official zoning map and code to confirm permitted uses and dimensional requirements.
2. Permit First: Assume any structural change, expansion, or major system replacement requires a permit and secure it before work begins.
3. Communicate with Experts: When facing a violation or a complex development, hire a professional surveyor and consult a Legal Expert specializing in land use and zoning law.
4. Engage the Appeals Process: Do not ignore a Notice of Violation; immediately engage the county’s administrative appeals process to seek a resolution and avoid escalating fines or court action.

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Frequently Asked Questions (FAQ)

Q: What is the difference between county law and state law?

A: State law is passed by the state legislature and applies across the state (e.g., criminal codes, major contract law). County law, or ordinances, are passed by the local governing body (e.g., county commission or board) and are specific to that county, usually covering local matters like zoning, health codes, and noise restrictions. Local law cannot conflict with state or federal law.

Q: What is a setback, and why is it important?

A: A setback is the minimum required distance between a structure (like a house, shed, or fence) and the property line. It is a dimensional standard enforced by county zoning codes to ensure light, air, and safety between properties and to allow access for utilities and emergency services. Violating a setback is a common reason for property disputes and violation notices.

Q: Can a county change its zoning rules after I buy a property?

A: Yes. Counties can amend their zoning codes. However, if a property’s existing use was legal before the change but is now non-compliant, it is often granted “grandfathered” status as a legally non-conforming use, though limitations may apply if the property is damaged or abandoned.

Q: How can I find the ordinances for my specific county?

A: Most county governments publish their official code of ordinances online, typically through the county clerk’s or planning department’s website. They are usually searchable by topic (e.g., “Zoning,” “Nuisance,” “Building Permits”).

Q: When should I hire a Legal Expert for a county law issue?

A: It is advisable to consult a Legal Expert anytime you receive a formal Notice of Violation, when a permit for a major project is denied, or when you face an administrative hearing that could result in substantial fines or a mandatory change to your property.