Why Did The Subdivision And Easements Go To Therapy?

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They needed to work out their boundary issues!

Why Subdivision Amendments Matter

A subdivision amendment process provides a proper procedure for property owners to make necessary changes to their recorded subdivision. They can consist of adding to or taking away from a given subdivision. The benefits of subdivision amendments can be enhanced land utilization, improved accessibility and safety, and increased transportation opportunities. These adjustments could result in increased municipality population, jobs, attracting new businesses, better traffic flow, and additional physical activity opportunities. 

Understanding these amendments, as well as the processes related to vacating rights-of-way and easements, is essential for developers and local jurisdictions. There are three critical definitions and issues that need to be understood:

  1. Subdivision Amendments.  According to Utah State Code (UCA §10-9a-608 and §17-27a-608), a subdivision amendment refers to modifications made to a recorded subdivision. These changes can include vacating all or a portion of the subdivision, altering its boundary, changing the number of lots, modifying public rights-of-way or easements, or altering common areas or amenities. It’s important to note that a subdivision amendment does not include lot line adjustments between single lots and adjoining parcels.
  2. Vacating Rights-of-Way and Easements.  Vacating rights-of-way involves discontinuing or abandoning public or private roadways or pathways. This requires following specific legal procedures and obtaining approval from the local governing body or planning commission. Similarly, modifying or extinguishing easements also requires adherence to legal procedures and consideration for the rights of all parties involved. Any changes made to easements or rights-of-way should comply with applicable regulations and be carried out with caution to avoid negative impacts on neighboring properties.
  3. There can also be drawbacks to subdivision amendments. These can include less landowner privacy, limited water and sewer supply, additional home lots, and loss of planned right-of-ways and easements. Therefore, understanding state statute is crucial for landowners and municipality officials to understand for ensuring compliance with legal behavior and aligning subdivisions with the municipality’s general plan. 

Still Don’t Know What We’re Talking About

Since there are numerous benefits and challenges associated with subdivision amendments and the guidelines provided by the state, it is important that public officials have knowledge about this crucial process. 

Call Rural Community Consultants today to get expert planning and ordinance advice to make your community the best it can be. 

Want To Learn More?

Check out our online training modules! Note: We are able to provide access to specific training modules free of charge, courtesy of the Utah Office of the Property Rights Ombudsman.

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