SB 502

Under current law, a subdivision is a division of a lot, parcel, or tract of land that

creates five or more parcels or building sites of one and one-half acres each or less,

and includes such a division if it occurs by successive divisions within five years.

Current law provides that a certified survey map may be used to change the

boundaries of lots and outlots within a recorded plat (the map of a subdivision), a

recorded assessor's plat, or a recorded certified survey map if the reconfiguration

does not result in a subdivision. Under current law, a certified survey map of not

more than four parcels of land may be recorded in the office of the register of deeds

of the county where the land is located.

This bill authorizes an incorporated city or village (municipality), town, or

county that has established a planning agency to enact an ordinance or adopt a

resolution that allows a certified survey map to divide land located in the

municipality, town, or county into more than four parcels (certified survey map

ordinance or resolution) without the division being a subdivision and, therefore,

without all of the attendant requirements that apply to subdivisions. The certified

survey map ordinance or resolution must specify the maximum number of parcels

that land may be divided into by a certified survey map. Before enacting or adopting

a certified survey map ordinance or resolution, the governing body of the

municipality, town, or county must get the recommendation of its planning agency

and hold a public hearing.

The bill provides that a municipality may enact or adopt a certified survey map

ordinance or resolution that affects land in its extraterritorial plat approval

jurisdiction if it has the authority to approve or object to plats within that area.

Extraterritorial plat approval jurisdiction is defined in current law as land in the

unincorporated area within three miles of the corporate limits of a first, second, or

third class city, or within one and one-half miles of a fourth class city or village.

Under the bill, if more than one governing body has authority to enact or adopt a

certified survey map ordinance or resolution that affects the same land, which could

occur if a municipality enacts or adopts a certified survey map ordinance or

resolution affecting land in its extraterritorial plat approval jurisdiction, and the

certified survey map ordinances or resolutions have conflicting provisions, any

certified survey map that affects that land must comply with the most restrictive

provisions.