What Does By-Right Mean in Zoning? Permitted Uses and As-of-Right Development

By-right development, also called as-of-right development or a permitted use, is a use or project that the zoning code allows in a district without a public hearing or discretionary approval. If the proposal meets every written standard, staff review it administratively and permits follow. No board or council votes on whether the project should exist.

How it works

A zoning code's use table marks by-right uses in each district, usually with a P for permitted. By-right status belongs to the use, and the project still has to meet the district's development standards: setbacks, height, floor area ratio, parking, and landscaping.

By-right does not mean permit-free. A building permit is still required, and many jurisdictions also require site plan review and a plat. The difference is the kind of review: staff check the plans against written standards and do not weigh whether the use is a good idea.

The alternatives are discretionary: a conditional use permit for uses the code lists as conditional, a variance for a standard the site cannot meet, and a rezoning when the use is not allowed at all. An overlay district, a planned development ordinance, or site-specific conditions can also turn a use that is by-right in the base district into one that needs review.

What it means if you are buying or developing land

• Time: no notice period and no hearing calendar.
• Cost: no hearing fees, fewer consultants, and less carrying cost while waiting for a decision.
• Risk: the outcome turns on whether the plans meet written standards, not on a vote, which makes by-right the lowest-risk entitlement path.

Risk does not fall to zero. Staff may classify the use differently than the buyer does, a code amendment or moratorium can arrive before permits are issued, and deed restrictions can prohibit what the zoning allows.

This is why site selection usually starts with the districts where the intended use is permitted by right. Our guide on checking permitted use covers the lookup, and the site selection guides apply it by asset type.

How real jurisdictions handle it

• New York City: the Department of City Planning's zoning glossary defines an as-of-right development as one that complies with all applicable zoning regulations and does not require any discretionary action by the City Planning Commission or the Board of Standards and Appeals. It adds that most developments and enlargements in the city are as-of-right.
• California: under Government Code section 65583.2(i), part of the housing element law, "use by right" means local review of the residential use may not require a conditional use permit, a planned unit development permit, or other discretionary review or approval that would count as a project under the California Environmental Quality Act. A local ordinance can still provide for design review, as long as that review is not itself such a project.
• Miami: the City of Miami explains that in the Miami 21 use table an R means the use is allowed by right in that zone, a W means a Warrant is needed, and an E means an Exception with a hearing is needed. See our Miami zoning guide.

How to check a specific parcel

Confirm the district on the official map, including any overlay or planned development label. Find your use in the use table, in the code's own vocabulary, and confirm it is marked permitted. Then read the development standards. For a purchase, ask the planning department to confirm the use classification in writing. In Plotzy, filter parcels by zoning designation and lot size to build a list of candidate sites, and ask Zoning AI "Is self-storage permitted by right on this parcel?" for an answer with the code section cited.

Frequently asked questions

Is by-right the same as a permitted use?

In practice, yes. A permitted use is one the code allows in the district without a discretionary approval, and by-right or as-of-right describes the same thing.

Does by-right mean I do not need a permit?

No. Building permits, and often site plan review and platting, still apply. By-right means the zoning approval does not depend on a hearing or a vote.

Can a by-right project still be delayed?

Yes. Plan review takes time, staff can read a standard differently than the applicant, and rules can change before permits are issued. How pending applications are treated when rules change varies by state.

What is the difference between by-right and conditional use?

A by-right use is approved administratively if it meets the written standards. A conditional use is listed in the code but needs case-by-case review, usually a public hearing, and can be denied or approved with conditions.

Sources

The statutes, codes, and agency documents cited on this page were checked on October 4, 2026. Laws and local codes are amended often, so confirm the current text before relying on any detail. This page is general information, not legal advice.

• NYC Department of City Planning: Glossary of Zoning Terms. The definition of as-of-right development. The document is dated 2021 and is the glossary the department currently publishes.
• California Legislative Information: Government Code Section 65583.2. The definition of use by right in subdivision (i). This version is in effect until December 31, 2028.
• City of Miami: Find your Property's Zoning Category. What R, W, and E mean in the Miami 21 use table.