Active Land Use, Zoning, and Planning Policy Updates in the City of Rockville and Gaithersburg
In the Press
Land Use / Zoning
Selzer Gurvitch’s Land Use/Zoning attorneys are widely recognized for their comprehensive command of the full spectrum of land use and zoning matters – from traditional planning, zoning and building permit issues to complex development review and approval processes requiring innovative, strategic solutions.
We advise developers, builders, governmental entities, nonprofit institutions and local, national and international businesses on projects from inception through completion, whether large-scale mixed-use developments spanning hundreds of acres or individual residential properties. Our longstanding success is rooted in our ability to work collaboratively with public-sector stakeholders and local communities to deliver efficient, cost-effective outcomes. We represent clients throughout Maryland, with a primary focus on Montgomery County, Frederick County, Prince George’s County, Charles County and their municipalities.
Beginning with planning and zoning and extending through the administrative land use process, we partner with clients to provide strategic guidance, leadership and coordination with technical consultants and regulatory authorities to maximize project value. These development and regulatory review processes include:
- Master (comprehensive) and Sector Plan representation
- Zoning Applications – including floating, overlay, planned unit, performance and mixed-use zones
- Variance and Special Exception (conditional use) applications
- Preliminary Plan of Subdivision and Record Plats
- Project Plans, Sketch Plans and Site Plan applications
- Forest Conservation Plans, Stormwater Management Plans and Sediment & Erosion Control Plans
- Adequate Public Facility Review – Traffic and School Capacity Studies, Management Plans, Agreements and Exactions
- Payment in-Lieu of Taxes (PILOT) and Affordable Housing Regulatory Agreements (Moderately Priced Dwelling Unit (MPDU) Agreements)
- Transfer Development Right (TDR) Easements, Building Lot Termination (BLT) Easements, Developer Rights and Responsibilities Agreements (DRRAs)
- Credits and Agreements related to impact fees, linkage fees and development mitigation fees
- Water and Sewer Authority Regulations and classification change applications
- Permit applications
Complementing our regulatory experience, we conduct thorough due diligence analyses for prospective purchasers of individual properties, multi-parcel developments and large asset portfolios. We also prepare zoning opinion letters for lenders and evaluate third-party zoning analyses on behalf of financial institutions.
Our attorneys are well known throughout Maryland for cultivating and maintaining strong professional relationships with legislative and administrative leaders, decision-makers and regulatory staff at both the local and state levels. We understand the policy considerations and practical dynamics that influence land use decisions and are frequently able to help shape those outcomes through effective advocacy. Some areas in which we advocate include:
- Comprehensive Planning/Master and Sector Plans
- Zoning Text and Subdivision Regulation Amendments
- Water and Sewer Plans
- Annexations and Annexation Agreements
- Growth Regulations and Staging Policies
- Legislative Advocacy
When disputes arise, our attorneys represent clients throughout administrative and regulatory appeals and in related litigation. We are experienced in challenging arbitrary or unlawful governmental actions, including matters involving takings, procedural and substantive due process, equal protection, statutory compliance and uniform application of laws and regulations. We also represent clients in condemnation and inverse condemnation proceedings.
Our reputation in land use and zoning has led municipalities and counties to engage us to evaluate the legal validity and practical implications of proposed regulations. We have assisted in developing and assessing governmental strategies and legislation related to comprehensive planning, growth management, adequate public facilities, transferable development rights, environmental protection, transportation policy, commercial regulation, special taxing districts, sustainable development, sign regulation and historic preservation.
