State Codes and Statutes
Statutes > Utah > Title-17 > Chapter-27a > 17-27a-60517-27a-605. Exemptions from plat requirement.
(1) Notwithstanding Sections 17-27a-603 and 17-27a-604, the land use authority mayapprove the subdivision of unincorporated land into 10 lots or less without a plat, by certifying inwriting that:
(a) the county has provided notice as required by ordinance; and
(b) the proposed subdivision:
(i) is not traversed by the mapped lines of a proposed street as shown in the general planand does not require the dedication of any land for street or other public purposes;
(ii) has been approved by the culinary water authority and the sanitary sewer authority;
(iii) is located in a zoned area; and
(iv) conforms to all applicable land use ordinances or has properly received a variancefrom the requirements of an otherwise conflicting and applicable land use ordinance.
(2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agriculturalland is exempt from the plat requirements of Section 17-27a-603 if the lot or parcel:
(i) qualifies as land in agricultural use under Section 59-2-502;
(ii) meets the minimum size requirement of applicable land use ordinances; and
(iii) is not used and will not be used for any nonagricultural purpose.
(b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall begraphically illustrated on a record of survey map that, after receiving the same approvals as arerequired for a plat under Section 17-27a-604, shall be recorded with the county recorder.
(c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagriculturalpurpose, the county may require the lot or parcel to comply with the requirements of Section17-27a-603.
(3) (a) Except as provided in Subsection (4), a document recorded in the county recorder'soffice that divides property by a metes and bounds description does not create an approvedsubdivision allowed by this part unless the land use authority's certificate of written approvalrequired by Subsection (1) is attached to the document.
(b) The absence of the certificate or written approval required by Subsection (1) doesnot:
(i) prohibit the county recorder from recording a document; or
(ii) affect the validity of a recorded document.
(c) A document which does not meet the requirements of Subsection (1) may becorrected by the recording of an affidavit to which the required certificate or written approval isattached in accordance with Section 57-3-106.
(4) (a) As used in this Subsection (4):
(i) "Divided land" means land that:
(A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
(B) has been divided by a minor subdivision.
(ii) "Land to be divided" means land that is proposed to be divided by a minorsubdivision.
(iii) "Minor subdivision" means a division of at least 100 contiguous acres of agriculturalland in a county of the third, fourth, fifth, or sixth class to create one new lot that, after thedivision, is separate from the remainder of the original 100 or more contiguous acres ofagricultural land.
(iv) "Minor subdivision lot" means a lot created by a minor subdivision.
(b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100contiguous acres of agricultural land may make a minor subdivision by submitting for recordingin the office of the recorder of the county in which the land to be divided is located:
(i) a recordable deed containing the legal description of the minor subdivision lot; and
(ii) a notice:
(A) indicating that the owner of the land to be divided is making a minor subdivision;
(B) referring specifically to this section as the authority for making the minorsubdivision; and
(C) containing the legal description of:
(I) the land to be divided; and
(II) the minor subdivision lot.
(c) A minor subdivision lot:
(i) may not be less than one acre in size;
(ii) may not be within 1,000 feet of another minor subdivision lot; and
(iii) is not subject to the subdivision ordinance of the county in which the minorsubdivision lot is located.
(d) Land to be divided by a minor subdivision may not include divided land.
(e) A county:
(i) may not deny a building permit to an owner of a minor subdivision lot based on:
(A) the lot's status as a minor subdivision lot; or
(B) the absence of standards described in Subsection (4)(e)(ii); and
(ii) may, in connection with the issuance of a building permit, subject a minorsubdivision lot to reasonable health, safety, and access standards that the county has establishedand made public.
Amended by Chapter 381, 2010 General Session
