HB2090

THE CONTEXT: Currently, a county board of supervisors (BOS) may adopt land division ordinances to split a parcel of land into five or fewer lots, parcels or fractional interests, each of which is ten acres or smaller. A land division application may be approved if certain statutory requirements are met.

WHAT THE BILL DID: The final vetoed version would prohibit a person or group of persons acting in concert to attempt to avoid the land division or subdivision laws by acting in concert to divide within a 10-year period a parcel of land into six or more lots or lease or sell six or more subdivided lots by using a series of owners or conveyances, state that an application to split a parcel of land must be approved if the applicant signs an affidavit acknowledging that the county where the land division occurred or the ADRE may investigate or enforce the prohibition against acting in concert to unlawfully divide within a 10-year period a parcel of land into six or more lots or parcels, and specifies, as it relates to subdivision laws, that the following alone are not sufficient to constitute unlawful acting in concert: a) a familial relationship; b) a well share agreement; c) a road maintenance agreement; and d) for a county with a population of less than 500,000 persons the use or referral of the same licensed engineer or registered contractor.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for acting in concert instead of leaving the conduct unaddressed. It would prohibit a person or group of persons acting in concert to attempt to avoid the land division or subdivision laws by acting in concert to divide within a 10-year period a parcel of land into six or more lots or lease or sell six or more subdivided lots by using a series of owners or conveyances, and would also state that an application to split a parcel of land must be approved if the applicant signs an affidavit acknowledging that the county where the land division occurred or the ADRE may investigate or enforce the prohibition against acting in concert to unlawfully divide within a 10-year period a parcel of land into six or more lots or parcels, rather than leave the current rule unchanged.