MINOR LAND DIVISIONS
The minor land division statute is a mechanism for landowners to divide properties with minimal county government oversight. Use of this statute can lead, either intentionally or unintentionally, to the development of residential communities outside of existing land division requirements and typical subdivision regulations.
What are Minor Land Divisions?
In unincorporated areas, minor land divisions communities typically form through a series of lot splits where a larger parcel is divided into smaller pieces, each kept to five or fewer lots. These individual transactions avoid triggering the formal review and infrastructure standards that a larger regulated subdivision would require. Often, residents discover after the fact that there are significant problems with the community in which they purchased.
Example of Lot-Splitting in Unincorporated Maricopa County
What are some of the Difference Between Subdivisions and Minor Land Divisions?
With respect to unincorporated county land:
Subdivisions:
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Land divided into six or more lots that are each less than 36 acres for the purposes of sale or lease
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Local governments can require certain improvements in subdivision projects, including roadway construction at certain standards, right of way dedication, flood control improvements, water/sewer line extensions, fire hydrants, etc.
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Carry engineering fees, fees tied to 100-year water supply certification, and plan review fees, all of which are typically passed through to buyers of these lots
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Requires a public report from the Arizona Department of Real Estate before any lots can be sold or leased
Minor Land Divisions:
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Land divided into five or fewer lots. Can reach the same or a comparable total lot count of a subdivision, but does so through a sequence of separate divisions
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Applies to each division rather than to the parcel’s cumulative history; parcel can be split into dozens of lots over time without ever triggering the six-lot subdivision definition so long as no single transaction crosses that line
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Local governments have no comparable authority to require certain improvements in a lot split community that they can in a subdivision
What Problems do Residents Experience in these Areas?
Minor land divisions not only cause serious problems for property owners, but for the providers of emergency services and utilities as well as local governments charged with the responsibility for enforcing public health and safety regulations. Some of the most salient problems cited by residents within these communities are:
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Poor Road Conditions
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Dust and Respiratory Problems
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Difficulty Enforcing Traffic Laws
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Flooding
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Slower Emergency Response
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Limited Utility and Emergency Access
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Water Availability
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Low Domestic Water Volume and Water Pressure
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Lacking Legal Access
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Increased Zoning Violations
What are Minor Land Divisions - Video Explainer
Featuring Graham County Supervisor Paul David, learn more about minor land divisions and their impacts on counties
Previous Legislative Efforts
Since the enactment of these statutes within Title 11 in 1994, the legislature has considered numerous statutory changes related to minor land divisions. These efforts have addressed the acting in concert prohibition, the affidavit of disclosure, adequate water supply requirements, the definition of contiguous, and the underlying lot-count and acreage thresholds governing minor land divisions, among other provisions.
Download our legislative history to learn more, including enacted statutory changes and legislation that was introduced but not enacted.
