{"id":358039,"date":"2016-04-04T10:46:22","date_gmt":"2016-04-04T15:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/natural-resources-law.html"},"modified":"2026-01-26T12:59:31","modified_gmt":"2026-01-26T17:59:31","slug":"natural-resources-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/natural-resources-law.html","title":{"rendered":"What Is Natural Resources Law?"},"content":{"rendered":"\n
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What Is Natural Resources Law?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Natural resources law has to do with how a private owner may use their resources for profit or how the government may use them for the public benefit. “Natural resources law” is sometimes used interchangeably with “environmental law,” but they differ. Environmental law regulates how that use impacts the environment.<\/p>\n\n <\/div>\n\n\n\n

Natural resources law defines how private property owners may use the environmental resources on their land. Natural resources are those parts of the environment with economic or social value. Natural resources include air, water, timber, minerals on and under the surface, animals, and soil use.<\/p>\n

If you have a legal issue involving natural resources, the environment, or your property, you may benefit from getting legal advice. This is a niche area of law that applies to various legal issues, but many cases fall under real estate and land use law. Speak with a land use attorney<\/a> if you need help.<\/p>\n

Property Ownership and Natural Resource Rights<\/h2>\n

In the United States, private individuals and companies can own natural resources. This differs from almost every other nation in the world, where natural resources belong to the government by default.<\/p>\n

Subsurface rights can be conveyed separately from surface rights. Subsurface mineral rights may be owned by private individuals, corporations, or\u00a0the U.S. government. The owner of the land on top may not realize this when they sell the property<\/a> until another entity comes to develop the subsurface resources.<\/p>\n

Do I Own the Natural Resources on My Property?<\/h3>\n

Private property owners own the topsoil and “up to the sky,” according to one archaic formulation. For instance, timber rights normally come with the property. Property ownership and natural resources laws grant the right to develop undeveloped land, build, grow crops<\/a>, and raise livestock. A survey<\/a> can be a useful tool to better understand your property and related rights.\u00a0<\/p>\n

Land Use and Zoning Laws<\/h3>\n

Zoning laws are regulatory plans that divide a population center into “zones” or areas for economic development. Some elements of a zone include traffic patterns, green space, residential areas, and noise control.<\/p>\n

One of the requirements for zoning is land use.<\/a> Land use regulations take into consideration both public and private land and any state or federal laws.<\/p>\n

For instance, water laws “run with the land.” A deed to real property may give the owner the right to any water that touches the property, known as “riparian rights<\/a>.” In desert states with low rainfall, laws affect whether landowners may collect or divert water that flows over their property during rainstorms. Other states have restrictions on collecting rainwater in an attempt to control mosquitoes.<\/p>\n

All these laws are natural resources laws. They affect how a property owner can use resources \u2014 in this case, water \u2014 on their own land. Similar laws restrict cutting wood or raising livestock. Zoning laws can limit whether a homeowner can raise their own cattle or cut down trees to convert land for agriculture.<\/p>\n

Easements for Utilities and Natural Resources<\/h3>\n

An\u00a0easement<\/a> is the right to enter another person’s property without permission. A shared driveway is a type of easement. If the city needs to put a power pole on a corner of your property, they may ask for (and get) a utility easement<\/a> so their workers can work on the power line without asking you.<\/p>\n

A\u00a0negative easement<\/a>\u00a0prevents you from using your property in the way you want. Negative easements are rare and most often prevent the landowner from blocking air, water, or\u00a0lateral support<\/a>. For instance, if you wanted to dig a swimming pool, but it would undermine your neighbor’s foundations, a negative easement would prevent you from doing so.<\/p>\n

Taking of Property vs. Easement<\/h3>\n

If the government imposes an easement or negative easement on a landowner and causes an economic loss, it becomes a\u00a0taking<\/a>. Under the\u00a0Fifth Amendment to the U.S. Constitution<\/a>, government agencies cannot take property without providing fair compensation<\/a>. The cost is nominal in most cases, such as placing a utility pole in your yard. In other cases, the cost might be considerable.<\/p>\n

What Is Environmental Law?<\/h2>\n

Environmental law<\/span> covers larger topics of policy and conservation of natural resources. These laws focus on issues like biodiversity<\/span>, pollution control<\/span>, and public health<\/span>. Many of these laws can affect business operations<\/a>, such as waste disposal and development projects.<\/p>\n

Some of the notable federal environmental laws<\/span> include:<\/p>\n