Chapter 4 - § 4.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 4.1 • INTRODUCTION

In general terms, the word "subdivision" is used to describe three separate but related concepts:

1) The process by which land is divided into lots, tracts, and parcels — usually for the purposes of development;
2) The combination, recombination, or reconfiguration of lots, tracts, and parcels of land; and
3) The resulting area of subdivided land after the process is complete.

In legal terms, the word "subdivision" means different things in different places. For example, in Colorado's unincorporated counties, a "subdivision" means, in general, a parcel of land "which is divided into two or more parcels, separate interests, or interests in common" or "which is to be used for condominiums, apartments, or any other multiple-dwelling units."¹ There are nearly a dozen exceptions to this definition in the statute, and each county may adopt additional exceptions. The most notable exception in the statute is the "35-acre rule," which exempts divisions of large areas of land from county subdivision regulation if the resulting parcels are at least 35 acres in area.²

In statutory cities and towns, "subdivision" has a comparable definition, but there are no exceptions in the statute.³ In home rule municipalities, the word "subdivision" is defined by local ordinance. Often, but not always, the definition of "subdivision" in the home rule municipality's code of ordinances is similar to the definition used by statutory cities and towns.⁴ Practitioners should familiarize themselves with the pertinent definitions (including their exceptions), as they are often essential to identifying what is covered by the regulations and the proper procedures for processing requests for development approval.

Overlapping the law regarding land subdivision is a body of law regarding streets and access. Today, land for public roads, streets, and alleys is generally acquired in one of three ways: dedication (usually during the subdivision process), purchase...