P.A. 591 "LAND DIVISION ACT"
A Synopsis of Revisions to the 1967 Plat Act 

  •  Effective date of the Act is March 30, 1997 (unless put Into effect sooner)
  • Each parcel lawfu1ly in existence on that date will be a Parent Parcel and "Splitable". Contiguous parce1s with the same ownership are called Parent Tracts and only entitled to one set of divisions.
  • A division is any new parcel less than 40 acres. 40 acres or more is not considered a division.

Formula for figuring number of divisions:

For the first 10 acres or any part thereof- 4 divisions available;

For each 10 acres over the first 10 acres - 1 additional division available but not more than 11 more divisions.

Then,

For each additional whole 40 acres over 120 acres - 1 additional division;

Bonus divisions:

For parcels of 20 acres or more, 2 bonus divisions available, IF;

A) One of the parcels is 60% or more of the area of the original Parent Parcel or Parent Tract

OR

B) All the parcels created are accessed by a new road (public or private).

Parcels created call be re-divided in 10 years but under a different formula.

After 10 years - 2 parcels for the first 10 acres or fraction thereof plus one additional parcel for each 10 acres over the first 10 acres to a maximum of 7 parcels with 3 bonus parcels if one of the parcels created is 60% or more of the 10 year parent parcel.

  • Parcels under 10 acres cannot exceed 4:1 ratio (width to depth).

ANY TOWNSHIP REGULATIONS SUPERCEDE IF THE REGULATION IS MORE STRINGENT.

Municipal approval is required on all divisions with the following items required. The municipality must approve within 30 days from application if all conditions are met.

1. Submit adequate and accurate legal with public utility easements shown (this appears to be a complete survey with easements shown).

2. Cannot exceed 4:1 ratio or less if township requires. (A township can allow greater ratios but must enact ordnance to allow).

3. Meets minimum municipality width requirements.

4. Meets minimum municipality area requirements.

5. Has adequate access as required by State Transportation Department or County Road Commission.

6. Meets Section 108 requirements (i.e. cannot exceed maximum allowable number of parcels).

7. Has public water or health department approval for well water (see Section 105G below).

8. Sewer or approval for on-site sewage disposal (see Section 105G below).

9. Easements for public utilities.

ATTENTION: #7 and #8 were removed by Public Act 87 of 1997

 Section 105G

The rules of the Department of Environmental Quality relating to suitability of groundwater for on-site water supply for subdivisions or development sites not served by public water or to suitability of soils for subdivisions or development sites not served by public sewers. The Department of Environmental Quality may authorize a city, county or district health department to carry out the provisions of this act and rules promulgated under this act relating to suitability for subdivisions or development sites not served by public water or relating to suitability of soils for subdivisions or development sites not served by public sewers. The Department of Environmental Quality may require percolation tests and boring tests to determine suitability of soils. When such tests are required, they shall be conducted under the supervision of a registered engineer, registered land surveyor, or registered sanitarian in accordance with uniform procedures established by the Department of Environmental Quality.

The right to make divisions are transferable and reservable but only within the Parent Parcel or Parent Tract.

ALL CONVEYANCES OF UNPLATTED LAND MUST CONTAIN THE FOLLOWING IN THE DEED:

The Grantor grants to the Grantee the right to make _______ division(s) under Section 108 of the land Division Act, Act No. 288 of Public Acts of 1997

AND

This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act.