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DIVIDING PROPERTY

 

 

Considerations regarding any division of property which creates a parcel below 20-acres in size and falls under the jurisdiction of Boundary County Planning and Zoning. The following procedures have been adopted to allow processing.

 

A Parcel Division application is used:

  1. for dividing land which meets or exceeds both  five acres  and  the standard net density in the zone district in which the land lies and 
    1. is an unplatted parcel creating five or fewer parcels, and each parcel has approved driveway approach from an existing county road or state highway (Parcel Division, Simple),  OR
    2. is an unplatted parcel creating up to two new parcels, and each parcel has an approved driveway approach from an existing public street or road (Parcel Division, Primitive),OR
  2. when a transfer of real property to a family member results in four or fewer parcels.

 

A Simple Subdivision application is used:

whenever the partition of a parcel results in the creation of no more than five parcels, each meeting the minimum parcel size of the zone district in which they lie, and each parcel having approved driveway approach from an existing public street or road.

In order to obtain an application to divide property, those dividing property that fit the criteria as here described should bring to the Planning and Zoning Office:

  • (Preferably) a record of survey showing parcel size for each lot to be created,  OR
  • a deed of ownership of the parcel being divided, the metes and bounds descriptions of each parcel being created and the calculated parcel size.

The zoning administrator will provide an appropriate application for division (short or long plat), and upon verification that the proposal meets the criteria above, will issue an appropriate permit, which can be recorded with the deeds to show that the parcels thus divided are buildable.

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A short plat is a platting procedure used when:

  1. the division of land requires no change in zone district designation and creates lots from land which has not previously been platted and which do not meet the provisions of a simple subdivision, OR
  2. when the provisions of tranfering property to family members results in the creation of five or more lots.

The application for a short plat subdivision (Primitive, Rural, Lot Line Adjustment) is available by clicking here. The fee for a short plat is $90.

A short plat procedure is subject to at least one public hearing before county commissioners.

Following public hearing by the Boundary County Commissioners, a final decision will be rendered. Should the decision be to approve the proposal, the applicant then has the final plat drawn, gets the required signatures and has the final plat recorded with the Clerk of Court. Note: Commissioner approval does NOT automatically record the final plat.

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A long plat is a platting procedure used when a division of land is proposed in which real property, such as roads or easements, are proposed for dedication to Boundary County, or when clustered development or transferred development rights are proposed. A long plat procedure is subject to at least two public hearings; one before the Planning and Zoning Commission, which forwards a recommendation, and one before County Commissioners, who have final approval authority.

 

The application for a long plat subdivision (Clustered, Commercial/Industrial, Mixed Use, Urban) is available by clicking here. The fee for a long plat is $180.

 

If the applicant is not the owner of the parcels to be subdivided, or if others hold ownership interest in the property being divided, letters from all of the owners authorizing the submission of the application must also be included.

 

Upon receipt of a complete application package and the appropriate fee, the zoning administrator will schedule a  public hearing.

 

Following public hearing by the Boundary County Commissioners, a final decision will be rendered. Should the decision be to approve the proposal, the applicant then has the final plat drawn, gets the required signatures and has the final plat recorded with the Clerk of Court. Note: Commissioner approval does NOT automatically record the final plat.

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Exemptions from Subdivision Requirements:

The following divisions of land are exempt from subdivision requirements:

  1. Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.
  2. Parcels are created for mineral, oil or gas leases.
  3. Parcels are created for the placement of government services, public utilities or rights-of-way.
  4. Parcels are divided for the sole purpose of burial or interment within an approved cemetery.
  5. Parcels are established through testamentary provisions or the laws of descent, provided documentation is provided the administrator in order to identify parcels so created.
  6. Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator in order to identify parcels so created.
  7. Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator in order to identify parcels so created.

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