BILL ANALYSIS

HB 1634

TITLE OF THE BILL:  Revising certain provisions related to land division.

WHAT THIS BILL DOES:  Increases from four to nine the number of lots, tracts or parcels in a short subdivision.

SPONSORS:  Representatives Fortunato, Grant, Mulliken, Sullivan, Mielke, Koster, Pennington, Benson, Bush, and Dunn

HEARING DATE:  Monday, February 22, 1999

FISCAL NOTE:  Not requested.

ANALYSIS PREPARED BY:  Caroleen Dineen (786-7156)

BACKGROUND:

A property owner generally must have a proposed land division reviewed by the county, city, town in which the land is located pursuant to a local short subdivision or subdivision ordinance.  A short subdivision is defined in statute as a land division or redivision resulting in four or fewer lots, tracts parcels, sites or divisions for the purpose of sale, lease or transfer.  A short subdivision containing fewer than four lots may be altered to create up to four lots within the original short plat boundaries.

County, city and town legislative authorities must adopt procedures for summary approval of short subdivisions by administrative personnel.  Subdivisions other than short subdivisions must be approved by the county, city or town legislative authority.  The approval process requires the filing of a preliminary plat of the proposed subdivision and includes notice and comment requirements.  Before either a short subdivision or other subdivision may be approved, written findings must be made that the proposed short subdivision or subdivision:

Cmakes appropriate provisions for the public health, safety, and general welfare, including specified items such as open spaces, streets, parks, schools, and sidewalks; and

Cserves the public use and interest.

A city or town may provide by local ordinance for short subdivision of up to nine lots, tracts or parcels.  Counties are not authorized to increase the number of lots, tracts, or parcels in a short subdivision by local ordinance.

SUMMARY:

The number of lots, tracts or parcels in a short subdivision is increased from four to nine.  A short subdivision is defined in statute as the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer.  Counties, cities and towns are required to increase by ordinance the number of lots, tracts or parcels in a short subdivision to nine.