- Official section
- National II: Land Use Controls
- Broker weight
- Approximately 5 of 100 scored national questions
- Expected scored items
- The current PSI broker outline assigns about 5% of the national portion to Land Use Controls
National practice guide
Name the source of control before choosing the remedy
A proposed use can be allowed by zoning and barred by a recorded covenant, or barred by zoning and allowed nowhere simply because the association approves it. Start every land-use scenario by naming who created the restriction, what it regulates, and which decision-maker has authority to grant relief.
Last updated: August 1, 2026
What skill does this practice set measure?
Short answer: Start with the current named subjects: property taxes and special assessments; eminent domain, condemnation, and escheat; government controls such as zoning; deed conditions and private restrictions; subdivision covenants, conditions, and restrictions; and condominium or owner-association rules and bylaws. Separate public and private controls. Public controls arise through government authority, while private controls arise from recorded instruments, declarations, bylaws, and agreements. Then match the consequence to the facts. A variance provides limited relief under local standards; a special use allows an ordinance-listed use under conditions; a nonconforming use predates the new rule; eminent domain is the taking power; condemnation is the procedure; and escheat concerns succession when no lawful heir takes. General property tax is different from a special assessment tied to a particular improvement and specially benefited parcels. A use must satisfy every applicable lawful control, not just the least restrictive one. In review, write a four-part answer: source, conflict, authority, remedy. Then ask what remains, because public approval does not automatically erase an enforceable private restriction.
Land-use authority is intensely local and fact-specific. State enabling statutes, local ordinances, zoning maps, recorded instruments, association documents, agency decisions, and court orders control an actual property. The current published Land Use Controls bullets do not separately name building codes, public subdivision approval, floodplain regulation, wetlands, or hazardous-substance cleanup. Those subjects appear here only as supporting contexts for public-control and due-diligence reasoning, not as additional standalone PSI headings. Flood and wetland information also requires current agency analysis. This guide teaches national exam distinctions and Illinois context, not zoning, environmental, survey, title, tax, or legal advice. Sources were checked through August 1, 2026.
Ready to work the set?
These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.
1. A lawful use existed before zoning changed and no abandonment occurred. What is its likely classification?
- Legal nonconforming use
- Variance
- Illegal use
- Special assessment
Show answer and explanation
Answer: Legal nonconforming use
The use was lawful when established and became nonconforming only after the rule changed.
2. Which approval is most associated with unique-property hardship from a setback rule?
- Variance
- Special use
- Rezoning
- Building code
Show answer and explanation
Answer: Variance
A variance provides limited relief from strict zoning application under local hardship standards.
3. A use is expressly contemplated by an ordinance if listed standards are met. What approval is likely?
- Special use
- Variance
- Escheat
- Condemnation
Show answer and explanation
Answer: Special use
Special or conditional use approval applies to an ordinance-listed use subject to criteria.
4. Which is a private land-use control?
- Recorded restrictive covenant
- Zoning ordinance
- Building code
- Subdivision regulation
Show answer and explanation
Answer: Recorded restrictive covenant
A recorded covenant arises through private instruments, while the other choices are public controls.
5. What is condemnation?
- The process used to exercise eminent domain
- A private deed restriction
- A zoning variance
- A property-tax exemption
Show answer and explanation
Answer: The process used to exercise eminent domain
Eminent domain is the power; condemnation is the procedure.
Which answer habits should you watch for?
- Trap
- Call every zoning request a variance.
- Correction
- Separate hardship relief, listed special use, nonconforming status, and rezoning.
- Trap
- Treat a special use as prohibited everywhere in the district.
- Correction
- The ordinance contemplates it when stated standards are met.
- Trap
- Call a legal nonconforming use illegal.
- Correction
- Confirm it was lawful before the zoning change.
- Trap
- Assume zoning approval includes a building permit.
- Correction
- Land-use and construction approvals are separate.
- Trap
- Let association approval override zoning.
- Correction
- Private approval does not erase public regulation.
- Trap
- Let zoning permission override a deed restriction.
- Correction
- The property may need to comply with both lawful controls.
- Trap
- Confuse eminent domain with condemnation.
- Correction
- The first is the power; the second is the process.
- Trap
- Treat a comprehensive plan as the zoning ordinance itself.
- Correction
- Separate policy guidance from enforceable regulatory text.
- Trap
- Promise that a variance will be granted.
- Correction
- Approval depends on local authority, standards, procedure, and evidence.
- Trap
- Treat a flood map as an insurance policy.
- Correction
- Mapping, regulation, lender requirements, and coverage are distinct.
- Trap
- Diagnose wetlands from a visual impression alone.
- Correction
- Current jurisdiction and delineation require appropriate agency and professional analysis.
- Trap
- Use a national shortcut instead of supplied local law.
- Correction
- Land-use procedures and terminology vary; follow the facts and governing source.
How should you reason through a difficult item?
Choose a dimensional variance
Scenario: An unusually narrow lot cannot meet a side-yard setback even though the proposed home use is permitted. The owner seeks the minimum setback relief. Which concept best fits?
- The proposed residential use is allowed in the district.
- The conflict concerns placement on a uniquely narrow lot, not a new use category.
- Local hardship standards and minimum relief point toward a dimensional variance.
Answer: The facts point toward a dimensional variance request.
Choose a special use
Scenario: A zoning ordinance lists a daycare as allowed in the district only after findings about traffic, hours, and buffering. What approval is described?
- The ordinance already contemplates the use in that district.
- Approval depends on stated criteria and may carry conditions.
- That structure fits a special or conditional use rather than hardship relief.
Answer: The applicant seeks special or conditional use approval.
Recognize a legal nonconforming use
Scenario: A repair shop lawfully operated for 20 years. A new ordinance rezones the area residential and imposes limits on abandonment and expansion. What is the shop's starting classification?
- The shop was lawful when established.
- The later zoning change created the mismatch.
- Continuation is analyzed as a legal nonconforming use subject to local limits.
Answer: It begins as a legal nonconforming use.
Apply two controls
Scenario: Local zoning permits a six-foot fence, but a recorded covenant limits front-yard fences to four feet. Does zoning permission alone authorize six feet?
- Zoning is the public control and allows up to six feet.
- The covenant is a separate private control and is more restrictive on these facts.
- Compliance with zoning does not automatically eliminate an enforceable private covenant.
Answer: No. The owner must also address the four-foot private restriction.
Separate zoning and building approval
Scenario: A warehouse use is permitted by zoning. The owner begins structural work without a building permit. Which statement is strongest?
- Permitted use answers the zoning classification question.
- Structural work remains subject to construction codes, permit, and inspection requirements.
- One approval does not substitute for the other.
Answer: Zoning permission does not eliminate building-permit and code duties.
Separate a map from a complete conclusion
Scenario: A parcel appears in a mapped flood hazard area. Can a broker conclude from that fact alone that a specific policy covers every flood loss?
- The map provides hazard-location information.
- Policy coverage, exclusions, limits, lender requirements, and property facts are separate.
- The broker should use the current map and qualified sources without guaranteeing insurance coverage.
Answer: No. Map status alone does not establish complete policy coverage.
How do you answer Land Use Controls practice questions?
- Identify the proposed use, physical work, subdivision, environmental activity, government action, or private restriction in dispute.
- Name every source of control: police power, zoning ordinance, building code, subdivision rule, environmental law, deed covenant, association document, easement, or lease.
- Classify the conflict as use, dimensional, construction, platting, environmental, title, contractual, or government-taking related.
- Select the decision-maker with authority, such as legislative body, zoning board, building official, environmental agency, association, court, or private holder.
- Match the remedy to the conflict: variance, special use, nonconforming continuation, amendment, permit, approval, release, or enforcement defense.
- Check required standards, prior legality, hardship, conditions, abandonment, notice, hearing, and document language supplied by the facts.
- Test the proposal against remaining lawful controls because success under one does not erase another.
- Answer only the legal classification or next step asked, and avoid promising approval from incomplete facts.
- Problem
- Setback hardship
- Likely path
- Variance
- Key fact
- Unique property condition
- Problem
- Ordinance-listed conditional use
- Likely path
- Special use
- Key fact
- Standards met
- Problem
- Use predates zoning change
- Likely path
- Nonconforming use
- Key fact
- Lawful establishment
- Problem
- Owner wants district changed
- Likely path
- Rezoning
- Key fact
- Map or text amendment
- Problem
- Construction safety compliance
- Likely path
- Building permit
- Key fact
- Code and inspection
- Problem
- Divide tract into lots
- Likely path
- Subdivision approval
- Key fact
- Plat and improvements
- Problem
- Mapped flood hazard
- Likely path
- Floodplain review
- Key fact
- Map, ordinance, insurance
- Problem
- Place fill in wetland
- Likely path
- Section 404 review
- Key fact
- Jurisdiction and activity
- Problem
- Recorded use prohibition
- Likely path
- Covenant analysis
- Key fact
- Private enforcement
- Problem
- Government acquires land
- Likely path
- Condemnation
- Key fact
- Public use and compensation
Which outline areas does this set sample?
- Topic
- Police power
- What to know
- Health, safety, morals, welfare, zoning, building code, environmental rule, land use, regulation, no compensation assumption, and due process
- Best exam move
- Identify regulation of use rather than taking title or imposing a tax.
- Topic
- Comprehensive planning
- What to know
- Future land use, goals, transportation, housing, infrastructure, conservation, policy, zoning implementation, advisory role, and local government
- Best exam move
- Separate the broad planning document from the enforceable ordinance or permit decision.
- Topic
- Zoning districts
- What to know
- Residential, commercial, industrial, agricultural, mixed use, permitted use, density, intensity, district map, ordinance, and classification
- Best exam move
- Compare the proposed use and dimensional facts with the district's current rules.
- Topic
- Bulk and dimensional rules
- What to know
- Setback, height, lot coverage, floor-area ratio, density, frontage, yard, parking, sign, and building envelope
- Best exam move
- Identify whether the conflict concerns use or physical dimensions before choosing relief.
- Topic
- Variance
- What to know
- Hardship, unique property condition, dimensional relief, use variance, local standard, minimum relief, hearing, finding, and no self-created assumption
- Best exam move
- Look for property-specific hardship and the narrow deviation requested.
- Topic
- Special or conditional use
- What to know
- Ordinance-listed use, district, standards, conditions, compatibility, hearing, approval, revocation, operation, and local term
- Best exam move
- Choose special use when the ordinance anticipates the use if criteria are satisfied.
- Topic
- Legal nonconforming use
- What to know
- Lawful when established, zoning change, grandfathered, continuation, abandonment, expansion, destruction, restoration, change, and amortization
- Best exam move
- Confirm prior legality and the event that may terminate or limit continuation.
- Topic
- Rezoning and amendment
- What to know
- Map amendment, text amendment, district change, legislative action, owner petition, public hearing, comprehensive plan, spot zoning, and conditions
- Best exam move
- Use rezoning when the requested outcome changes the governing classification rather than granting narrow relief.
- Topic
- Building codes and permits
- What to know
- Construction, structural, fire, electrical, plumbing, energy, safety, occupancy, inspection, permit, certificate, and enforcement
- Best exam move
- Do not treat zoning approval as construction-code approval.
- Topic
- Subdivision controls
- What to know
- Plat, streets, utilities, drainage, lot standards, dedication, approval, recording, impact, developer, and local regulation
- Best exam move
- Identify division and development of land rather than use of one existing parcel alone.
- Topic
- Eminent domain and condemnation
- What to know
- Public use, just compensation, taking, government authority, condemnation procedure, inverse condemnation, partial taking, damages, and title
- Best exam move
- Separate the power to take from the proceeding used to exercise it.
- Topic
- Taxation and escheat
- What to know
- Government right, property tax, special assessment, public improvement, death, no heirs, state, revenue, and title
- Best exam move
- Distinguish raising revenue or charging benefit from state succession when an owner dies without qualifying heirs.
- Topic
- Floodplain controls
- What to know
- FEMA map, flood zone, base flood, insurance, local ordinance, elevation, permit, lender, hazard, and no guarantee
- Best exam move
- Treat map status, insurance, disclosure, and building regulation as related but separate questions.
- Topic
- Wetlands and water regulation
- What to know
- Clean Water Act, Section 404, discharge, dredged material, fill, permit, Army Corps, EPA, delineation, state rule, and jurisdiction
- Best exam move
- Identify the regulated activity and current jurisdictional determination before assuming a permit result.
- Topic
- Hazardous-substance controls
- What to know
- CERCLA, Superfund, release, hazardous substance, response, cleanup, potentially responsible party, assessment, liability, defense, and no broker diagnosis
- Best exam move
- Separate environmental condition, disclosure, investigation, and cleanup liability.
- Topic
- Deed restrictions and covenants
- What to know
- Private control, grantor, declaration, covenant, condition, restriction, use, duration, enforcement, successor, and record
- Best exam move
- Read the recorded language and identify who may enforce it.
- Topic
- Association and lease controls
- What to know
- HOA, condominium, declaration, bylaws, rule, architectural review, assessment, tenant covenant, lease restriction, and enforcement
- Best exam move
- Identify contractual or common-interest authority rather than government zoning power.
- Topic
- Multiple-control analysis
- What to know
- Zoning, building code, covenant, easement, environmental rule, permit, most restrictive, lawful control, conflict, relief, and due diligence
- Best exam move
- Test the proposal against every applicable control and seek relief from the correct authority.
What should you sort out before you begin?
- Terms
- Public control vs. private control
- Difference
- Public control comes from government authority. Private control comes from instruments, agreements, or ownership-governance documents.
- Question cue
- Government enforcement versus private enforcement.
- Terms
- Zoning vs. comprehensive plan
- Difference
- Zoning is an enforceable ordinance and map framework. A comprehensive plan expresses broader policy and future direction.
- Question cue
- Current rule versus planning guide.
- Terms
- Use rule vs. dimensional rule
- Difference
- A use rule controls what activity occurs. A dimensional rule controls size, placement, density, or physical form.
- Question cue
- What happens versus how it fits.
- Terms
- Variance vs. special use
- Difference
- A variance grants relief from strict application under hardship standards. A special use is contemplated by ordinance if standards and conditions are met.
- Question cue
- Deviation versus listed conditional permission.
- Terms
- Nonconforming use vs. illegal use
- Difference
- A legal nonconforming use was lawful before a rule changed. An illegal use lacked lawful authorization when established or operated.
- Question cue
- Formerly lawful versus never lawful.
- Terms
- Variance vs. rezoning
- Difference
- A variance gives limited property-specific relief. Rezoning changes the district map or governing classification.
- Question cue
- Narrow exception versus legislative change.
- Terms
- Zoning permit vs. building permit
- Difference
- Zoning approval confirms land-use compliance. A building permit addresses construction and code requirements.
- Question cue
- Use approval versus construction approval.
- Terms
- Eminent domain vs. condemnation
- Difference
- Eminent domain is the power to take for public use with just compensation. Condemnation is the process used to exercise it.
- Question cue
- Power versus procedure.
- Terms
- Flood map vs. insurance determination
- Difference
- A map identifies mapped flood hazard information. Insurance requirements and coverage depend on separate federal, lender, policy, and property facts.
- Question cue
- Hazard mapping versus coverage obligation.
- Terms
- Deed restriction vs. easement
- Difference
- A restriction limits use. An easement grants a specified nonpossessory use right over land.
- Question cue
- Prohibition versus affirmative use right.
How should you review your results?
- Session
- Session 1
- Focus
- Separate public and private controls
- Proof you are ready
- Classify 40 zoning, building, subdivision, environmental, covenant, association, easement, and lease restrictions by source and enforcer.
- Session
- Session 2
- Focus
- Choose zoning relief
- Proof you are ready
- Explain 30 variance, special-use, nonconforming-use, and rezoning scenarios using the decisive fact.
- Session
- Session 3
- Focus
- Practice codes and subdivision
- Proof you are ready
- Distinguish use approval, construction permit, inspection, occupancy, plat approval, dedication, and infrastructure duties.
- Session
- Session 4
- Focus
- Review government rights
- Proof you are ready
- Separate police power, eminent domain, condemnation, taxation, special assessment, and escheat in 25 scenarios.
- Session
- Session 5
- Focus
- Practice environmental controls
- Proof you are ready
- Classify flood, wetlands, hazardous-substance, cleanup, disclosure, permit, insurance, and professional-boundary questions.
- Session
- Session 6
- Focus
- Complete mixed land-use practice
- Proof you are ready
- Score at least 85% on two fresh timed sets and name the source, conflict, authority, remedy, and remaining control for every miss.
Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.
Continue the feedback loop in Pass Illinois
From concept to decision
Drill this topic, then review the explanation
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Questions students ask about Land Use Controls Practice Questions
How many Land Use Controls questions are on the national real estate exam?
The current PSI broker outline assigns approximately 5 of 100 scored national questions to Land Use Controls. The area is small but highly classifiable, so direct practice can secure points without requiring the study time of Contracts or Agency.
What does Land Use Controls cover?
The current outline names property taxes and special assessments; eminent domain, condemnation, and escheat; government controls such as zoning; deed conditions and private restrictions; subdivision covenants, conditions, and restrictions; and condominium or owner-association rules and bylaws.
What is the difference between zoning and a deed restriction?
Zoning is a public land-use control adopted under government police power. A deed restriction or covenant is a private control created through recorded instruments or agreements. A property may have to comply with both, and the more restrictive lawful control can govern the proposed use.
What is a zoning variance?
A variance is relief from strict application of a zoning rule, commonly based on hardship tied to the property's characteristics under local law. It does not ordinarily rewrite the zoning district or authorize any use the owner prefers. Distinguish a dimensional variance from a use request when the facts do.
What is a special use or conditional use permit?
It allows a use the zoning ordinance anticipates in that district if stated standards and conditions are met. Unlike a variance, the use is contemplated by the ordinance. The local term, procedure, evidence, conditions, and approval authority control.
What is a legal nonconforming use?
It is a use that was lawful when established but no longer conforms after a zoning change. It may continue subject to local limits on abandonment, expansion, restoration, or change. It is not automatically illegal and is not the same as a variance.
What is the difference between zoning and a building code?
Zoning regulates land use, density, setbacks, and similar planning matters. Building codes regulate construction and safety standards. A project can have permitted zoning use and still require building permits and code compliance.
How is a special assessment different from property tax?
General property tax supports broad public purposes under the jurisdiction's tax system. A special assessment is imposed on property specially benefited by a particular public improvement. Read for the source, the improvement, and the parcels receiving the special benefit.
What score should I target in Land Use Controls practice?
Aim for at least 85% on fresh mixed sets and near-perfect recognition of variance, special use, nonconforming use, zoning amendment, building code, subdivision control, and private covenant. Because the area contributes about five questions, one repeated confusion can cost a meaningful share.
Are these official PSI Land Use Controls questions?
No. They are original practice examples aligned to the PSI broker outline effective June 24, 2026. The current outline and primary federal, Illinois, environmental, flood, and land-use sources were checked through August 1, 2026.
Primary sources
- PSI Illinois Candidate Information Booklet dated June 24, 2026
- Federal Emergency Management Agency, current flood maps
- U.S. Environmental Protection Agency, Clean Water Act Section 404 permit program
- U.S. Environmental Protection Agency, CERCLA and Superfund overview
- U.S. Department of Housing and Urban Development, zoning and land-use regulation research
- U.S. Department of Justice, Religious Land Use and Institutionalized Persons Act report
- Illinois General Assembly, counties zoning authority
- Congress.gov Constitution Annotated, Fifth Amendment Takings Clause
- Illinois Department of Revenue, current local property-tax information
- Illinois General Assembly, Condominium Property Act
The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.
Editorial status
Checked against primary sources
The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.