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Subdivision

What is a subdivision?

Subdivisions are any division of land regardless of the number of lots created. The following are exempt from subdivision regulations:

  1. Recombinations of land;
  2. The division of land into parcels greater than ten (10) acres if no new right-of-way is created;
  3. The division of a parcel, two (2) acres or less in size, into two (2) or three (3) lots if each lot is on an existing right-of-way; and
  4. The public purchase of land for street right-of-way.

The Subdivision Administrator or a registered land surveyor must review and certify a plat as exempt before the Register of Deeds can record it. Zoning and Water Supply Watershed regulations apply to exempt subdivisions.

Click here for more frequently asked questions regarding subdivision of land.

What kind of subdivision approval is needed?

Chapter 42A, Land Development Code (LDC) establishes the following subdivision categories and approval processes based on the number and use of lots:

Subdivision Approval Need Determination
Number of Lots
Use of Lots
Subdivision Type
Approving Authority*
2 to 5
Residential Minor Subdivision (5 or Fewer) OR Special Subdivision Option Planning Staff
6 to 10
Residential Minor Subdivision Planning Staff
11 to 34
Residential Major Subdivision TRC
2 to 34
Nonresidential Major Subdivision TRC
35 to 299
Any Use Major Subdivision Meeting Conservation Subdivision Standards Planning Board
35 to 299
Any Use Major Subdivision Not Meeting Conservation Subdivision Standards Planning Board
300+
Any Use Major Subdivision (300+) Planning Board
Any
Nonresidential** Nonstandard Subdivisions Planning Staff
*Each approving authority is authorized to refer any subdivision application to a higher approving authority.
**The proposed subdivision of land for purposes other than individual residential lot development including: (1) facilities such as utility substation sites, meter vaults, pump station sites, sign lots, etc.; (2) cemetery plots; (3) designated open space or common area sites; and/or (4) any other subdivision of land which does not fall within a category herein designated.

Applicants are encouraged to seek approval as a Conservation Subdivision which provides options to achieve density bonuses.

How are subdivisions regulated?

Chapter 42A, Land Development Code, contains the standards, regulations and procedures necessary to provide for the orderly subdivision of land. These regulations are found in Article III (Subdivision Regulations) and Article XI (Review Processes and Procedures) Subpart C.

Are any major subdivision requests currently being considered?

Henderson County is not currently considering any major subdivision requests. Current and previous major subdivision requests may be viewed by clicking here.

How do I request subdivision?

Subdivision request details are available by subdivision category: