SUBDIVISION OF LAND

The process of subdividing land varies from state to state and town to town.  In Maine, for instance, a person can divide one lot from their land every five years without planning board approval, provided it was not part of a subdivision previously approved by a town planning board.  In addition, there are other exceptions which allow lot division without first obtaining planning board approval.

In New Hampshire, any division of a lot needs planning board approval, as well as approval from the State of New Hampshire Department of Environmental Services (DES).

The need for approval of a subdivision by the State of Maine Department of Environmental Protection (DEP) is dependent on the number of lots created and the overall land area.  And again, there are various exceptions and exemptions. 

In addition to the differences in state procedures, each town and city has its own regulations about land subdivision.  The zoning ordinance for a town sets the use and dimensional criteria.  The Planning Board assures that the dimensional criteria are met, but also looks at the road and drainage design.  Impacts on the community, infrastructure of the town and environment are also areas examined by the Planning Board.

A use allowed in one area of a town may not be allowed in another.  The minimum lot size often varies within a town depending on the zoning district.  So what may appear to be a simple question such as, "How large do my new lots need to be?" may require some research of the town zoning regulation.  Every town is unique.  A use allowed in one may not be possible in the town next door. 

Beyond the simple dimensional requirements, the features of your parcel will shape how it can be divided.  The topography of the land, the soil types present and the presence of wetlands all affect how a lot can be divided.  Subdividing a parcel requires the expertise of a number of individuals.  The project team needs to be well coordinated to allow the design process to flow smoothly.

If you are contemplating a subdivision, give us a call or fill in the proposal request.  We will guide you through the process.