Bill No.: HB0010                  Drafter:  LGC

LSO No.:  09LSO-0043              Effective Date:  7/1/2009

Sections 1 & 3: 2/16/2009

Enrolled Act No.:  HEA0037

Chapter No.:       59

Prime Sponsor:     Joint Corporations, Elections and Political Subdivisions Interim Committee

Catch Title:       Subdivisions-requirements.

Subject:  Adds additional requirements for subdivisions.

Summary/Major Elements:

· The act provides that a parcel of land 35 acres or larger in a platted subdivision that otherwise qualifies as agricultural land will be treated as agricultural land for tax purposes despite the fact that it is in a platted subdivision.

· The act redefines "sell" in the context of the subdivision laws to allow subdividers to enter into contracts to sell prior to applying for a subdivision permit if all funds paid by the buyer are held in escrow.

· The act requires subdividers to include an analysis of water supply systems used for irrigation and stock water in the subdivision permit application.

· The act provides that a board of county commissioners may require a subdivider to include in the subdivision application evidence that all parcels of land created by the subdivision will be subject to written and recorded covenants or some other contract creating an entity binding on the landowners which would have the ability to address maintenance and responsibility for the common areas, roads and water supply systems.

· The act requires on any plat filed for any subdivision a statement that the surface estate of the land is subject to full and effective development of the mineral estate.

· The act allows county commissioners to set the application fee for a subdivision permit at a reasonable amount not to exceed the cost of processing the application.