Property development is regulated, primarily at the municipal level. Municipalities typically control land use and the density of the development through official plans and zoning bylaws. The ability of an owner to subdivide property is also restricted and regulated. Development charges are also imposed by many municipalities on new developments within their jurisdiction.
The construction of new projects is also subject to municipal legislation. Building codes set specific standards for the construction of buildings, and most municipalities require building permits before the commencement of construction. Building codes also regulate the maintenance of existing structures.
Environmental regulation occurs mainly at the federal and state levels. Many federal environmental programs have been delegated to state environmental regulatory authorities to implement and enforce. Certain municipalities also have limited environmental regulations, often related to construction and municipal services (e.g., sewer and wastewater).
The US Environmental Protection Agency regulates environmental matters at the federal level, including those related to air, water, hazardous substances, waste and protected species. Many federal environmental programs have been delegated to state environmental regulatory authorities to implement and enforce. Certain states have promulgated environmental laws and regulations that are more stringent than the federal ones.
Generally, a site plan agreement or a building permit are required for the construction or renovation of real properties. Occupancy permits must be obtained prior to occupying newly constructed or renovated real estate.
Depending on how the property may be used, environmental permits or licenses may be required, including those related to air emissions and stormwater and wastewater discharges.
Federal and state regulators have authority under environmental laws and regulations to require investigation and remediation of environmental contamination.
Energy codes are developed at the national level through model code and standards processes. The codes are adopted by the states and enforced locally. The Environmental Protection Agency’s (EPA) Energy and Environment Guide to Action includes chapters providing recommendations on establishing, implementing and evaluating state-building energy codes. Local building codes provide minimum energy-efficiency requirements for new buildings. Old buildings are usually not covered by these requirements.
There are a number of voluntary standards for environmentally sustainable buildings. The building owners and manager associations in various cities have a voluntary environmental certification program for commercial buildings. The US promotes the Leadership in Energy and Environmental Design (LEED) rating system, a third-party certification program and an internationally accepted benchmark for the design, construction and operation of high-performance green buildings. Aside from LEED, the EPA also promotes other green building standards, including the Green Globes and the 2012 National Green Building Standard (ICC 700).
Green codes aimed to improve building sustainability and performance continue to be developed and adopted in the US. Existing mandatory model codes contain minimum requirements for increasing the environmental and health performance of buildings, sites, and structures (for example, the International Green Construction Code). States are also developing separate codes for similar purposes; the California Green Building Standards Code was the first statewide green building code in the US.