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Thread: Public notification of land splits

  1. #1
    Cyburbian btrage's avatar
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    Public notification of land splits

    Has anyone come across any regulations that require public notificiation when a property owner splits a parcel?

    I'm not talking about a plat, but just a straight land division that meets state and local regs.
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    Cyburbian hilldweller's avatar
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    Quote Originally posted by btrage
    Has anyone come across any regulations that require public notificiation when a property owner splits a parcel?

    I'm not talking about a plat, but just a straight land division that meets state and local regs.
    I don't see how you could split a parcel and not have to plat it. Do you mean like a exception from platting or something? Or an easement is sold off?

  3. #3
    Cyburbian Emeritus Chet's avatar
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    Quote Originally posted by hilldweller
    I don't see how you could split a parcel and not have to plat it. Do you mean like a exception from platting or something? Or an easement is sold off?
    Its called "minor land division" in our state and is performed by filing a Certified Survey Map. No public norice is required here.

  4. #4
    Cyburbian The One's avatar
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    Hmm....

    Quote Originally posted by hilldweller
    I don't see how you could split a parcel and not have to plat it. Do you mean like a exception from platting or something? Or an easement is sold off?
    Yes, plat exemptions or exceptions or land divisions as they are called here in Arizona are common around the country (State Statutes allow this to be done by a County). Since I didn't work for a County in Florida, I'm not sure they have a similar process there....I kinda doubt it....it being Florida and all....

    Here in Arizona, the state made a decision to allow splits or division of parcels into five (5) smaller parcels without doing a plat. Limited review is allowed by a county in most places I think. In Colorado it was "intended" for use by land owners, farmers, ranchers wanting to deed property to children or relatives. Here in Arizona, the process seems to be abused to NO END, driving local government nuts....
    The way of acquiescence leads to moral and spiritual suicide. The way of violence leads to bitterness in the survivors and brutality in the destroyers. But, the way of non-violence leads to redemption and the creation of the beloved community.
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    Cyburbian cch's avatar
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    At my old job (in Illinois) we called these Boundary Maps. At my current job (in Wisconsin) we call them Certified Survey Maps. Either way... no public notice required.

  6. #6
    Cyburbian otterpop's avatar
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    In Montana they are exemptions to the subdivision and platting act (family transfers, boundary line relocations, and retracements). No public notice is required.
    "I am very good at reading women, but I get into trouble for using the Braille method."

    ~ Otterpop ~

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    Cyburbian donk's avatar
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    In Ontario, they are called "consents to sever" (severances) and do require public notification (adjacent property owners), signage on site and external departmental circulations.

    In my previous life no notice needed for any type of land divisions.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

  8. #8
    Cyburbian hilldweller's avatar
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    Quote Originally posted by The One
    Here in Arizona, the state made a decision to allow splits or division of parcels into five (5) smaller parcels without doing a plat. Limited review is allowed by a county in most places I think. In Colorado it was "intended" for use by land owners, farmers, ranchers wanting to deed property to children or relatives. Here in Arizona, the process seems to be abused to NO END, driving local government nuts....
    Are these things mapped or is it one of those things that is recorded as an obsure document with the county?

  9. #9
    Cyburbian Richmond Jake's avatar
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    Quote Originally posted by hilldweller
    I don't see how you could split a parcel and not have to plat it. Do you mean like a exception from platting or something? Or an easement is sold off?
    Homestead splits under Florida statutes do not require platting. But you knew that.

    No notification or county approval, just do it.
    Annoyingly insensitive

  10. #10
    Cyburbian donk's avatar
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    Quote Originally posted by hilldweller
    Are these things mapped or is it one of those things that is recorded as an obsure document with the county?
    In ON it is done by a plan of survey and a legal description/deed. same with other jurisdictions I know.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

  11. #11
    We make people go through an administrative plat for 3 land divisions or less off of a root parcel. They go in front of a plat review committee that I chair, but notification of the meeting is not required.
    When did I go from Luke Skywalker to Obi-Wan Kenobi?

  12. #12
    Cyburbian imaplanner's avatar
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    In California you have to notify everyone and their mother if you so much as adjust boundary lines.

    In Washington state for minor property divisions or adjustments you do not need to notify anyone.

  13. #13
    Cyburbian
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    [QUOTE=btrage]Has anyone come across any regulations that require public notificiation when a property owner splits a parcel?

    Yes,

    Where I work, if the root (parent) parcel is split more than once during a specified time period you must request a variance and appear before the local BZA to plead your case. Public notification is sent to neighboring properties.

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    Submitted by imaplanner on Fri, 2006/08/11 - 10:30am.
    In California you have to notify everyone and their mother if you so much as adjust boundary lines.

    In Washington state for minor property divisions or adjustments you do not need to notify anyone


    Imaplanner, this is not correct re Washington. Minor property divisions of 4 lots or fewer (9 in some jurisdictions that have opted into an expanded process under the state Growth Management Act) are called "short plats" and do require notice to neighboring property owners, usually within 300 or 500 ft, although a public hearing is usually not required. (There are some exceptions to the hearing exemption if environmental issues are identified or development is proposed within critical areas, eg, wetlands, steep slopes.) Boundary line adjustments also require notice.

  15. #15
    Cyburbian Queen B's avatar
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    Our regulations say that all must be platted but have an exception that allows a one time split on over 40 acres of a parcel not less than 5 acres.
    My issue at this point is that in the last 25 years they have done a total of 25, this year alone I have done 25 already. With the exemption no notice is required. With platting it is.
    It is all a matter of perspective!!!

  16. #16
    Cyburbian Queen B's avatar
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    Our regulations say that all must be platted but have an exception that allows a one time split on over 40 acres of a parcel not less than 5 acres.
    My issue at this point is that in the last 25 years they have done a total of 25, this year alone I have done 25 already. With the exemption no notice is required. With platting it is.
    It is all a matter of perspective!!!

  17. #17
    Cyburbian Richmond Jake's avatar
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    Quote Originally posted by imaplanner
    In California you have to notify everyone and their mother if you so much as adjust boundary lines.
    That's not correct. When I was working in the Golden State in one of its most regulated counties, lot line adjustments required only administrative approvals. A state supreme court decision also limited local jurisdictions review (case: San Diegito?)
    Annoyingly insensitive

  18. #18
    Cyburbian imaplanner's avatar
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    Quote Originally posted by kaw1


    Imaplanner, this is not correct re Washington. Minor property divisions of 4 lots or fewer (9 in some jurisdictions that have opted into an expanded process under the state Growth Management Act) are called "short plats" and do require notice to neighboring property owners, usually within 300 or 500 ft, although a public hearing is usually not required. (There are some exceptions to the hearing exemption if environmental issues are identified or development is proposed within critical areas, eg, wetlands, steep slopes.) Boundary line adjustments also require notice.
    I am not aware of any part of RCW 58.17 that states a public notice is required for boundary line adjustments or short plats. In fact- boundary line adjustments are exempt from the requirements of 58.17. In my jurisdiction we do not send a public notice.



    Quote Originally posted by RichmondJake
    That's not correct. When I was working in the Golden State in one of its most regulated counties, lot line adjustments required only administrative approvals.
    Did the administrative approval require public notice? Both of the jurisdictions I worked for required public notice (not necessarily a public hearing) for lot line adjustments. After thinking about this some more I realized that lot line adjustments are technically exempt from most of the provisions of the Map Act. But certainly minor subdivisions require public notice.

  19. #19
    Cyburbian Richmond Jake's avatar
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    Quote Originally posted by imaplanner
    Did the administrative approval require public notice? Both of the jurisdictions I worked for required public notice (not necessarily a public hearing) for lot line adjustments. After thinking about this some more I realized that lot line adjustments are technically exempt from most of the provisions of the Map Act. But certainly minor subdivisions require public notice.
    No public notice was required for lot line adjustments. In the previous life, public hearings were required for even a two-lot minor land division.
    Annoyingly insensitive

  20. #20
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    Planning in the Golden State

    . . . does actually require notifying everyone and their mothers. For a subdivision of less than five parcels, I am required to send a public notice a minimum of twenty days in advance of the public hearing to: everyone who owns property within six hundred feet of the parcel boundary, everyone who owns property on the roads and easements providing access to the property, everyone who has previously requested information about this project or projects in the general area of this project, and everyone in the applicable homeowners' association or road maintenance association. And this is one of the least-regulated counties in the state.

  21. #21
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    From the Subdivision reg's:

    SUBDIVISION - A division of any parcel of land into two or more lots, plats, blocks or sites.

    ...C. The Planning Board shall advertise a public hearing at least 10 days prior to the hearing date. The subdivider shall notify all adjoining owners at least 10 days before the public hearing and file with the Planning Board an affidavit giving the names of those notified and the date such notices were mailed.

  22. #22
    Cyburbian
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    This Michigan City requires a notice of public hearing (at Planning Commission) for a lot split (we call it a land division). If it meets zoning ordinance standards, PC can approve. If it doesn't, PC can't approve and applicant must go to BZA and have yet another public hearing. Notification is the same for both public hearings.

    Not sure if this is required by State law (I'm thinking that it isn't), but is the procedure that we follow by local ordinance.

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