Sunday, April 23, 2006

Redoing Subdivisions

Last Wednesday, Neil Lindberg and I attended a meeting at the UAC Management Conference with most of the county recorders from around the state. The topic of the meeting was the changes made to land use law in the last legislative session. As we talked through the topic, it became painfully obvious that there are some real problems in the LUDMA and other codes related to subdivisions, which allows for (or even causes) some differences in practice in various county recorders' offices.

One of the most obvious that we spent some time talking about was the process for "exempt" subdivisions. While a plat is not required, just about everything else is, which raised the question of what's the point of even having the exemption? Some were also confusing exempt subdivisions (which is an optional process for local governments) with divisions of land that are defined as not being subdivisions.

And, of course, there was substantial discussion about who the enforcers of subdivision requirements are, with recorders making it clear again that they do not consider themselves that enforcer.

Two years ago when the effort was undertaken to redo the LUDMA and what eventually became SB60, the sections on subdivisions were left out because it just became too much to do all at once. After the discussion with the county recorders, and with others, it looks like something that needs to be done. We shall see what happens.

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