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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.

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

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?

  1. Legal nonconforming use
  2. Variance
  3. Illegal use
  4. 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?

  1. Variance
  2. Special use
  3. Rezoning
  4. 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?

  1. Special use
  2. Variance
  3. Escheat
  4. 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?

  1. Recorded restrictive covenant
  2. Zoning ordinance
  3. Building code
  4. 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?

  1. The process used to exercise eminent domain
  2. A private deed restriction
  3. A zoning variance
  4. 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?

  1. The proposed residential use is allowed in the district.
  2. The conflict concerns placement on a uniquely narrow lot, not a new use category.
  3. 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?

  1. The ordinance already contemplates the use in that district.
  2. Approval depends on stated criteria and may carry conditions.
  3. 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?

  1. The shop was lawful when established.
  2. The later zoning change created the mismatch.
  3. 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?

  1. Zoning is the public control and allows up to six feet.
  2. The covenant is a separate private control and is more restrictive on these facts.
  3. 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?

  1. Permitted use answers the zoning classification question.
  2. Structural work remains subject to construction codes, permit, and inspection requirements.
  3. 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?

  1. The map provides hazard-location information.
  2. Policy coverage, exclusions, limits, lender requirements, and property facts are separate.
  3. 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?

  1. Identify the proposed use, physical work, subdivision, environmental activity, government action, or private restriction in dispute.
  2. Name every source of control: police power, zoning ordinance, building code, subdivision rule, environmental law, deed covenant, association document, easement, or lease.
  3. Classify the conflict as use, dimensional, construction, platting, environmental, title, contractual, or government-taking related.
  4. Select the decision-maker with authority, such as legislative body, zoning board, building official, environmental agency, association, court, or private holder.
  5. Match the remedy to the conflict: variance, special use, nonconforming continuation, amendment, permit, approval, release, or enforcement defense.
  6. Check required standards, prior legality, hardship, conditions, abandonment, notice, hearing, and document language supplied by the facts.
  7. Test the proposal against remaining lawful controls because success under one does not erase another.
  8. 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

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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

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