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Entitlement7 min read

What "entitled" actually means when a land lender asks

Zoning, site plan, utilities and access are four different approvals that get collapsed into one word. Here is what each one does to your loan amount.

What "entitled" actually means when a land lender asks

In a land conversation, "entitled" gets used like a light switch. Either the dirt is entitled or it isn't. In practice it is a ladder, and the number of rungs you have climbed decides how much a lender can advance against the property.

Here are the rungs, in the order they usually get climbed.

1. Zoning

Zoning is the legal answer to "what can be built here." A parcel zoned for agricultural use and a parcel zoned for 220 single-family lots are the same dirt with very different values.

Rezoning is the first real entitlement event, and it is political. It runs through a planning board, a public hearing, and usually a commission vote. A lender reads three things in a rezoning file:

  • The approved use and density, in writing
  • The conditions attached to the approval — setbacks, buffers, traffic improvements, affordable-unit requirements
  • Whether the approval has an expiration date and a vesting period

A rezoning approval with twenty conditions is not the same collateral as a clean one.

2. Site plan approval

Zoning tells you how many lots you may have. Site plan approval tells you where they go, how the water drains, and whether the engineering actually works.

The site plan is where most pro formas die. A parcel can be zoned for 220 lots and engineer out to 176 after wetlands, floodplain, and a required retention area. If you are buying based on 220, you are buying a story.

3. Utilities and capacity

Somebody has to say yes to water, sewer, and stormwater. That yes is often a capacity letter, a reservation, or an agreement with a utility provider, and it can take months.

This is the single most misjudged step in land. The land can be zoned, platted, and beautiful, and still have no sewer capacity for two years. A land lender will ask for the capacity commitment in writing before sizing a loan against the finished lots.

4. Access

Legal access from a public right-of-way is not optional. If the only way in is an easement across someone else's land, that easement is part of the collateral opinion. Recorded, permanent, and wide enough for what you intend to build.

What this does to your loan

On entitled land, Rodney will lend up to 50% of loan-to-cost at 12% and 3 points, in sizes from $5M to $50M. The word "entitled" in that sentence means the approvals exist and are documented — not that a consultant thinks they will be granted.

Raw land on the path to entitlement is a different loan. It gets less leverage, a shorter term, and a much harder conversation about the exit, because the collateral is a plan rather than an approval.

A practical checklist

Before you ask a lender for a number, assemble:

  1. The current zoning designation and the future land use map designations.
  2. The approved site plan, stamped and dated.
  3. Utility capacity commitments for water, sewer and stormwater.
  4. Documented legal access.
  5. A dated entitlement schedule — where you are, what is left, and who has to vote.

If you can put those five things on one page, you will get a real answer instead of a maybe. That is worth more than another pro forma.

Rodney McIlroy

Have a land deal that needs an answer, not a brochure?

Entitled land loans from $5M to $50M, mezzanine up to 80% of capitalization, JV equity and bridge capital — reviewed personally.

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