What is the difference between a conservation easement and a zoning ordinance?
A conservation easement and a zoning ordinance are both land use laws in California; however, they are distinct from one another. A conservation easement is a voluntary legal agreement between a landowner and a government agency or non-profit organization that limits the development and use of the land in order to protect it for its natural, cultural, historical, or recreational values. A zoning ordinance, on the other hand, is a form of local law that regulates the types of activities that can occur in certain areas. Zoning ordinances can specify permitted uses, building heights, setbacks, lot sizes, and so on. Conservation easements are typically created by private individuals or organizations that want to protect a certain type of land, while zoning ordinances are typically created by municipalities. Additionally, while conservation easements may limit a landowner’s rights to the land, they do not restrict public access. Zoning ordinances, however, can restrict access to certain areas or activities, such as limiting the noise or air pollution associated with a given land use. Ultimately, while both conservation easements and zoning ordinances are important land use laws in California, they have different objectives and serve different purposes.
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