Chapter 36 - § 36.1 • SUBDIVISION DEFINED

• Jurisdiction: Colorado

§ 36.1 • SUBDIVISION DEFINED¹

§ 36.1.1—Before May 5, 1972

Before 1961, there do not appear to have been any subdivision regulations in Colorado. In 1961, the term "subdivision" was defined to mean:²

• A group of five or more building sites, tracts, or lots in which dwelling units are affixed to one or more of said sites, tracts, or lots which are contiguous, or which were formerly part of an undivided common tract, or which are part of a common development; or
• A group of five or more building sites, tracts, or lots in which dwelling units are not affixed to one or more of said sites, tracts, or lots, which are contiguous or which were formerly part of an undivided common tract or which are part of a common development; or
• A divided or undivided tract or parcel of land which is sold or will be sold as five or more undivided interests in or to the whole tract or parcel of land. The term "lot" includes such undivided interests where sale is made in this manner.

§ 36.1.2—On and After May 5, 1972

"Subdivision": "Subdivided Land"

Effective May 5, 1972, the term "subdivision" or "subdivided land" was defined as "any parcel of land in the state which is divided into two or more parcels, separate interests, or interests in common," unless exempted under other provisions of the statute.³ The current version of this definition is as follows:

"Subdivision" or "subdivided land" means any parcel of land in the state which is to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this part 1⁴ with substantially the same density, or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (b), (c), or (d) of this subsection (10). As used in this section, "interests" includes any and all interests in the surface of land but excludes any and all subsurface interests.⁵

Paragraph (b),⁶ referred to in the above quoted statute, provides that the terms "subdivision" and "subdivided land" do not apply to any division of land which creates parcels of land each of which comprises 35 or more acres of land and none of which is intended for use by multiple owners. This provision does not give counties authority to impose subdivision regulations on tracts larger than 35 acres.⁷ Paragraph (b) applies only to subdivision regulations; there is no parallel exemption from a county's zoning regulations.⁸ The constitutionality of the statute has been upheld as against a claim that it denies equal protection of the law to owners of tracts containing less than 35 acres because the classification has no reasonable basis and cannot be related to any public purpose.⁹ The Colorado Supreme Court said:

[C]learly the legislature could in its wisdom except large tracts from the operation of the subdivision regulations, since they do not involve the same considerations implicit in the subdivision and development of smaller tracts. That the legislature might have selected a different size tract does not render the classification unreasonable or irrational . . . .¹⁰

Paragraph (c),¹¹ referred to in the above quoted statute, provides that unless the method of disposition¹² is adapted for the purpose of evading Part 1 of Title 30, Article 28, the terms "subdivision" and "subdivided land" do not apply to any division of land:

• Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in 35 or more acres per interest.¹³ For example, when two 50-acre tracts are contiguous, it is permissible for one owner to sell five acres to the other, as one would then own 55 acres and the other would own 45 acres;¹⁴
• Which could be created by any court in Colorado pursuant to the law of eminent domain, or by operation of law, or by order of any court in

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