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Colorado State Specific Exam- Subdivision understanding 35 acres  

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Gromatici
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So I'm reading the state subdivision laws (Colorado).   I'm pasting in the "definitions from Title 28, Aritcle 30 of the CRS:  "

(9) "Subdivider" or "developer" means any person, firm, partnership, joint venture,

association, or corporation participating as owner, promoter, developer, or sales agent in the

planning, platting, development, promotion, sale, or lease of a subdivision.

(10) (a) "Subdivision" or "subdivided land" means any parcel of land in the state which is

to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this part 1 with substantially the same density, or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (b), (c), or (d) of this subsection"

 

So here is my question:  It says that a subdivision is any parcel of land in the state which is to be used ".....or any other multiple-dwelling units, unless......)

So what about single family dwellings?  Can folks subdivide their land, less than 35 acres if it's for single family dwellings?

In reading about this law, I found the following:

On May 5, 1972, C.R.S. 30-28-101, the session law that most Colorado attorneys refer to as Senate Bill 35, became effective.  SB 35 was enacted to provide some regulation over the subdivision of land in Colorado, and it required counties to pass regulations to regulate parcels of land smaller than 35 acres and preclude property owners in most circumstances from unilaterally subdividing their property without complying with SB 35.

So it is that ANY lot that is "split" or divided that is smaller than 35 acres needs to have a preliminary plat given to the City or County for review, and then a subdivision plat drawn up by a licensed land surveyor?  Or is it just "multi-family" use lot splits.  That's the confusing part to me.

 

Thank you,

Eric Ackerman

eackerman@gromatici.com

 

5 Replies
Awhitlock29
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Local counties and cities clarify the state law and bring it down to earth with what they will allow.  If any parcel is going to be less than 35 acres after the division takes place, you will need a subdivision plat.

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aliquot
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you are missing this part:

or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (b), (c), or (d) of this subsection

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Gromatici
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In CO, if you have a 70.1 acre parcel, and you split it, do you only have to set the exterior monuments?  You don't have to set the split line?  CRS addresses the minimums for monumenting "subdivisions" but since the 35 acre lots are exempt from being considered subdivisions, what are considered the minimums for monumenting the lots?  How does CRS 38-51-104 affect how you would monument a lot split, of two 35 acre parcels?  We'll say for argument sake that the 70.1 acre lot was already monumented.  You prepare a survey, to be recorded, since something needs to be recorded, and you call it a "Land Survey Plat".  You provide two legal descriptions on the plat right?  Do you HAVE to monument the corners, since you're establishing the parcels?  I'm not asking what is best practices, but what is only in compliance with state law.

Thank you for your help.

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John Thompson
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Posted by: @gromatici

Do you HAVE to monument the corners, since you're establishing the parcels?

I've wondered about that myself.

38-51-104. Monumentation of land surveys
(1) (a) The corners of lots, tracts, other parcels of land, aliquot corners not described in subsection (4) of this section, and any line points or reference points which are set to perpetuate the location of any land boundary or easement shall, when established on the ground by a land survey, be marked by reasonably permanent markers solidly embedded in the ground.

This sounds like "if you set monuments, then they must meet these minimum standards", unlike 38-51-105 (Monumentation of subdivisions) which says "boundaries...shall be monumented" and "Monuments shall be set..."

There could be good reasons for not setting them, but there's also this statute:

12-120-306. Disciplinary actions - grounds for discipline
(1) The board may take disciplinary or other action as authorized by section 12-20-404, limit the scope of practice of, or require additional training of any professional land surveyor or land surveyor-intern for:
(b) Failing to meet the generally accepted standards of the practice of land surveying through act or omission;

I don't want to find myself trying to convince the board that not setting those monuments is still within the generally accepted standards of practice.

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