Waterfront Building Offers High Demand, But Complex Review

Land use and zoning attorney Kyrus Lamont Freeman was interviewed for a Law360 article examining the challenges surrounding waterfront development. The multifaceted nature of these properties – a natural resource also used for recreation, transport and commerce – raises a host of issues, from environmental considerations to ownership rights to public access. Mr. Freeman noted that in addition to local zoning and building codes, federal environmental reviews from the U.S. Environmental Protection Agency (EPA) or U.S. Army Corps of Engineers can also enter the picture. He added that developers should determine whether a property is located in a special zone, such as a nature conservation area or historic preservation district, which would implicate another level of permitting, paperwork and balancing multiple jurisdictional requirements. Overall, he emphasized the importance of working with a multidisciplinary legal team to shepherd a project through its entire life cycle, from the initial proposals to groundbreaking to grand opening.

"You've got to have the wherewithal, the experience, the ability to get a good team – a good legal team, if you're in a jurisdiction that requires lobbying, then a good lobbying team, a good architecture team, a good environmental team. A good team to figure out how to navigate the process, because the process can be tough," he commented.

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