Chapter 4 - § 4.4 • SUBDIVISION EXEMPTIONS
| Jurisdiction | Colorado |
§ 4.4.1—Exclusions from the Statute
• C.R.S. § 30-28-101(10)
• C.R.S. §§ 31-23-201(2) and 31-23-214(1)
The subdivision enabling act for statutory counties has defined "subdivision" to include "any parcel of land in the state which is to be used for condominiums, apartments, or any other multiple-dwelling units . . . or which is divided into two or more parcels, separate interests, or interests in common," unless explicitly excluded by the statute.52 Excluded from the definition are subsurface mineral interests; division of land into parcels 35 or more acres in size (the "35-acre rule");53 divisions of land by court decree,54 condemnation, operation of law, or foreclosure; cemetery lots; or acquisition of property by joint tenants or tenants in common.55 The statutes expressly allow counties to create additional exemptions from subdivision regulations, or to waive their requirements as to an individual subdivision.56 Counties may charge fees to cover the costs of reviewing applications for exemptions.57
Statutory subdivision exemptions, including the "35-acre rule," are strictly construed and "cannot be ignored" by counties.58 However, the exemptions do not divest counties from all forms of land use regulation. For example, some counties require a minimum lot size of more than 35 acres for construction of a dwelling.59 These regulations are valid because the "35-acre rule" does not exempt properties that are larger than 35 acres in area from the application of zoning regulations, which are a separate body of law from subdivision regulations.60 Natural hazard mitigation standards that are set out in a zoning ordinance may also be applied to parcels that are exempt from subdivision regulation due to the 35-acre rule.61
Planned unit development (PUD) regulations (discussed more extensively in Chapter 3) are closely related to zoning regulations, but are authorized by a different statute.62 Often, PUD regulations provide for concurrent processing of PUD plans and subdivision plans (plats).63 The PUD statute allows subdivision regulations that affect PUDs to "differ from those otherwise applicable," but it does require that the subdivision regulations be in "substantial compliance" with "the subdivision requirements of part 1 of article 28 of title 30 and part 2 of article 23 of title 31, C.R.S.," which are subdivision enabling statutes for counties and statutory municipalities, respectively.64
State law affords lots of 35 acres or larger a presumption that the installation of a well will not cause material injury to the vested water rights of neighboring landowners.65 This presumption of non-injury also applies to residences in a clustered development that has no more than two units in any given 35 acres, as long as the average density of the development does not exceed one unit per 35 acres.66 The water removed from these types of wells may only be put to use for household purposes, not for watering livestock or lawns. If the landowner wants to use water for additional purposes, he or she must get an additional permit to drill another well.67
In most jurisdictions, the subdivision regulations include a "minor subdivision" process for small subdivisions that do not require dedication of land for public purposes, or lot combinations, lot splits, boundary adjustments, and/or other low-impact divisions that the jurisdiction has decided as a matter of public policy should not require full subdivision review. Minor subdivision processes vary considerably in terms of their application requirements, substantive standards, and review procedures.
§ 4.4.2—Correction of Pre-existing Problems
• C.R.S. §§ 30-28-301 to 30-28-313
Colorado has given...
To continue reading
Request your trial