Hidden Controls: Private Covenants and Zoning

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Private land use restrictions are specific clauses included in a property's deed that limit or regulate how the property can be used, developed, or maintained. These restrictions may control the type of structures that can be built, their height and placement, permissible uses or activities, or even aesthetic features, like paint colors and fencing materials.

By setting rules for development and use, contracted restrictions help ensure a uniform appearance and prevent activities or structures that could negatively impact neighbors or the overall desirability of the area. However, private land use restrictions — such as covenants, conditions, and deed restrictions — may conflict with public planning goals. These restrictions can impact development feasibility, housing affordability, and the implementation of zoning reforms.

This issue of Zoning Practice provides some general information on private land use restrictions, particularly deed restrictions. While it cannot encompass the nuances found across state and local jurisdictions, it discusses typical limits or requirements and explores how these privately established and enforced rules may intersect with broader planning objectives.

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