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Splitting Rural Property

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Contact the Planning Office prior to
splitting rural property as the Cass County Subdivision Ordinance regulations may apply.

Purpose

In 2006, the Board of County Commissioners adopted the Subdivision Ordinance to protect and provide for the public health, safety, morals, public convenience, general prosperity, and public welfare of Cass County. This includes providing adequate spaces for traffic, utilities, access of emergency vehicles, and for the avoidance of undue congestion of population. The County values its land and therefore adopted the Subdivision Ordinance to prohibit land subdivision of such character where the land cannot be used safely for building purposes. The standards were established to insure proper legal descriptions of the land, and to implement the goals and objectives established by the Cass County Comprehensive Plan (2005).

Applicability

Any person, partnership, corporation, or limited liability company who or which, being the owner or agent of the owner of any lot, tract, or parcel of land, shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel, or other purposes or for the common use of occupants of buildings abutting thereon, or who or which sells, transfers, or agrees or enters into an agreement to sell or transfer any land in a subdivision or engages in the subdivision of land or erects any buildings thereon shall be subject to the Subdivision Ordinance.

Definitions

Auditor’s Lot

An Auditor’s Lot is a plat of an irregularly shaped parcel and is for taxation purposes for convenience of tax officials in describing property on tax rolls and does not confer rights in or transfer title to land. An Auditor’s Lot is not approved by the County for sale or development.

Certificate of Survey

A Certificate of Survey is a drawing that depicts the property surveyed. It includes field location and mapping of the property corners, occupation lines (lines of use, eg. fences, field lines), and buildings. It will show the dimensions of the property, the property description, and the area in acres or square feet. A certificate of survey does not prompt a split of land.

Plat

A Plat is a map, drawn to scale, showing the divisions of a piece of land. Further refinement often splits blocks into individual lots for the purpose of selling the described lots, which is known as a subdivision.

Subdivision

A subdivision is the division of a lot, tract, or parcel of land, creating one or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale or of building development, and any plat or plan which includes the creation of any part of one or more streets, public easements, or other rights of way, whether public or private, for access to or from any such lot, tract, or parcel, and the creation of new or enlarged parks, playgrounds, plazas, or open spaces.