Legal Definitions - requirement for division

A "requirement for division" refers to a specific condition, rule, or standard that must be satisfied before a piece of land or property can be legally subdivided into smaller parcels. These requirements are typically established by local government zoning ordinances, land use regulations, or pre-existing agreements (like covenants) to ensure orderly development, public safety, environmental protection, and the provision of necessary infrastructure and services.

Here are some examples illustrating this concept:

• Minimum Lot Size:

  Imagine a developer who owns a 5-acre parcel of land zoned for residential use. The local zoning ordinance states that any new residential lot created through subdivision must be at least 1.5 acres in size. This 1.5-acre minimum lot size is a requirement for division. The developer cannot divide the 5-acre parcel into four 1.25-acre lots, even though the total acreage would allow it, because each resulting lot would fail to meet the minimum size requirement. They could, however, divide it into three lots, each being at least 1.5 acres.

• Access to Public Infrastructure:

  Consider a property owner who wants to divide a large rural parcel into two smaller lots to sell. The county's subdivision regulations stipulate that every newly created lot must have direct frontage on a publicly maintained road and access to municipal water and sewer lines. The need for direct road frontage and utility access for each new lot constitutes a requirement for division. If one of the proposed new lots would be landlocked or lack access to these utilities, the division would not be approved until these conditions are met, perhaps by creating an easement or extending utility lines.

• Environmental Protection Zones:

  A landowner wishes to divide a large forested property that contains a significant wetland area designated as a protected habitat by state environmental regulations. The regulations prohibit the division of land that would result in new building lots encroaching upon or significantly impacting such wetlands without specific permits and mitigation plans. These environmental protection rules regarding the wetland are a requirement for division. The landowner cannot simply draw a line through the property to create new lots if doing so would violate these environmental standards. They would first need to demonstrate how the division would avoid wetland impact or secure special approval, which might involve setting aside the wetland as a conservation area.