Anytime land is divided in Saline County it must be approved by the county first. If you are interested in subdividing residential, commercial, or industrial land you should contact the Planning Director, David Neal to learn more about the process first. The information provided below if for the splitting of agricultural land or agricultural zoned land with a home on it.
To divide land the property must meet these basic requirements:
- It must have at least two development rights
- Each lot to be created must be at least three acres
- Each lot must have at least 200 feet of road frontage
If you need to know how many development rights are on a parcel you can contact the planning office at 785.309.5813.
Once you know you property can be divided you only need to hire a surveyor to define the lot and file a deed with the Register of Deeds office. Your surveyor will get the survey approval from the county for you.
Determining Development Rights
For agriculturally zoned property a lot split can be approved if it has more than one development right. Development rights are calculated by:
- Divide the total acres by 80 to get the number of development rights
- Decimals are always rounded down except that you always have a minimum of one
- Add one development right if the lot is an original parcel
Original parcels are properties that have not been modified since March 14, 1978. Maps are available in the planning office to determine if a lot is an original parcel. Parcels under six acres are not considered original parcels because they do not have enough land to create two three acre lots.
It is important to remeber that land that has increased in size will retain its original parcel status, but cannot absorb additional development rights. Land that decreases in size, even if it is not split, loses its original parcel status.
Lot Splitting Options
If you do not have enough development rights to split your property you still have some options:
Lot lines can be adusted by selling portions or your property to a neighbor. This does not increase the number of lots so development rights remain the same, unless the orginal parcel status is lost due to decreasing size.
Apply for a subdivision exception. The Planning Commission will hold a public hearing to determine of an exception is appropriate for your property. A typical exception is granted to convey land for agricultural use with no new homes allowed. The portion that is split off, typically three to ten acres, is allowed to retain the one development right and build a home. The rest of the land will require a deed restriction to be filed allowing only agricultural uses with no residential construction.
Apply for a transfer of development rights (TDR). The Planning Commission will hold a public hearing to determine if the transfer of development rights is appropriate. The transfer must come from a property with more than 80 acres in the floodplain. This reduces develop in the floodplain while allowing development where it is better suited.
To discuss options and details about subdivision exceptions and transfers of development rights please contact the planning office.