Back to Colorado

HB26-1308 • 2026

Lot Splitting Approval by Subject Jurisdictions

The bill provides that, on or after December 31, 2027, subject to an administrative approval process, a subject jurisdiction shall approve the a lot split of an original lot into 2 new lots if the fol

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. A. Boesenecker, Rep. S. Woodrow, Sen. J. Amabile, Sen. M. Ball, Rep. S. Camacho, Rep. M. Froelich, Rep. M. Lindsay, Rep. K. McCormick, Rep. K. Nguyen, Rep. J. Phillips, Rep. M. Rutinel, Rep. L. Smith, Rep. R. Stewart
Last action: 2026-03-27
Official status: Introduced In Senate - Assigned to Local Government & Housing
Effective date: Not listed

Plain English Breakdown

The bill summary text does not specify what happens if a mortgage lender does not consent to the lot split, leaving this detail uncertain.

Lot Splitting Approval by Subject Jurisdictions

This bill requires subject jurisdictions to approve the splitting of large lots into two smaller ones if certain conditions are met, starting from December 31, 2027.

What This Bill Does

Subject jurisdictions shall approve a lot split of an original lot into two new lots on or after December 31, 2027, subject to an administrative approval process and the following conditions:
The area of the original lot must be at least 2,000 square feet before splitting.
Neither of the new lots can be smaller than 1,200 square feet in area; if unequal, the smaller one must be at least 30% of the original lot's size.
The original lot cannot have undergone a previous split and must allow residential use.
The original lot is not exempt or located within a common interest community established before December 31, 2027.
Subject jurisdictions may establish procedures to review proposed lot splits, including verifying consent from mortgage lenders.

Who It Names or Affects

Subject jurisdictions with populations over one thousand and within metropolitan planning organizations.
Property owners who want to split their lots into two smaller ones after December 31, 2027.

Terms To Know

Subject jurisdiction: A municipality that has a population of one thousand or more and is within a metropolitan planning organization.
Lot split: The process of subdividing an original lot into two new lots.

Limits and Unknowns

It is unclear how this will affect historic properties or those in common interest communities established before December 31, 2027.
The exact procedures for reviewing and accepting information related to proposed lot splits are left up to local governments.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: The amendment changes the term 'holder of an evidence of debt constituting a residential mortgage loan' to 'lienholder' throughout specific sections of the bill.

Replaces references to 'holder of an evidence of debt constituting a residential mortgage loan' with 'lienholder'.
Modifies language related to written consent and recording requirements for lot splits, specifying that these must be executed by lienholders.
Adds new text requiring notarized signatures from lienholders on certain documents.

The amendment's full impact is limited to the specific sections of the bill it modifies. Other parts of the bill are unaffected and remain unclear without further context.

L.002

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: The amendment changes the definition of 'lot split' in the bill and modifies how a jurisdiction should approve lot splits.

Adds a new definition for 'LOT SPLIT', which means dividing an original lot into two new lots.
Changes the phrase 'APPROVE THE' to 'APPROVE A LOT' when referring to the approval process.

The amendment text is incomplete and does not provide full context, making it difficult to explain all potential impacts.

L.003

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: The amendment changes the minimum size requirement for new lots created by a lot split and adds requirements about access, utilities, and compliance with certain articles of Title 38.

Changes the minimum area requirement for each new lot from 40 to 30 acres (though this seems incorrect as it likely means square feet rather than acres).
Adds a new paragraph requiring that both new lots must be accessible, have utility easements serving them, and meet requirements of specific articles in Title 38.

The amendment text appears to contain an error or typo regarding the unit of measurement for acreage instead of square feet.
Some technical details about compliance with Title 38 may be unclear without additional context.

L.004

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: The amendment allows subject jurisdictions to set up procedures for reviewing and accepting information related to proposed lot splits, including details about property ownership, physical characteristics of the land, utilities, public dedications, and guarantees for public improvements.

Adds a new section that permits local governments to establish review processes for lot splitting applications.
Specifies types of information subject jurisdictions can request during their review process.

The exact details of how the administrative approval process will work are not provided in this amendment text.

L.005

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: The amendment changes how setback standards are applied when splitting a lot into two new lots.

A subject jurisdiction will not require a setback from the lot line if no structure existed on the original lot before it was split.
If a structure did exist, the jurisdiction may apply a setback of up to five feet.

The amendment does not explain what happens when private covenants are involved, which could affect how setback standards are applied.

L.007

Second Reading

Lost [**]

Plain English: The amendment changes the year from 2027 to 2031 for when a subject jurisdiction must approve lot splitting under certain conditions.

Changes the effective date of the bill's requirement for approving lot splits from December 31, 2027, to December 31, 2031.

The amendment text is incomplete and does not provide full context about other details of the bill or additional changes beyond the date change.

L.009

Second Reading

Passed [**]

Plain English: The amendment changes a part of the bill to include any easements and encumbrances in the records when approving lot splits.

Adds 'INCLUDING ANY EASEMENTS AND ENCUMBRANCES' after 'RECORDS'.

The amendment text is limited to a specific section of the bill, and it does not provide broader context about how this change affects lot splitting processes.

L.010

Second Reading

Lost [**]

Plain English: The amendment changes the requirement for a subject jurisdiction to consider approving a lot split instead of being required to approve it.

Changes 'SHALL APPROVE' to 'SHALL CONSIDER APPROVING' in the bill text.

The amendment does not provide details on what factors will be considered during the approval process or how decisions will be made after consideration.

L.012

Second Reading

Lost [**]

Plain English: The amendment adds a requirement that when a lot is split after December 31, 2027, adequate roads must be built to ensure fire services and other emergency services can safely reach all new lots.

Adds a new section requiring the construction of sufficient roads for emergency access when splitting a lot after December 31, 2027.

The amendment text is incomplete and does not provide full context about how 'subsections' are defined or what happens before December 31, 2027.

Bill History

2026-03-27 Senate
Introduced In Senate - Assigned to Local Government & Housing
2026-03-24 House
House Third Reading Passed - No Amendments
2026-03-23 House
House Second Reading Passed with Amendments - Committee, Floor
2026-03-23 House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
2026-03-20 House
House Second Reading Laid Over Daily - No Amendments
2026-03-17 House
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
2026-03-02 House
Introduced In House - Assigned to Transportation, Housing & Local Government

Official Summary Text

The bill provides that, on or after December 31, 2027, subject to an administrative approval process, a subject jurisdiction shall approve
the

a lot
split of an original lot into 2 new lots if the following conditions are met:

The area of the original lot is 2,000 square feet or greater before the split;

The lot split does not create a new lot that is smaller than 1,200 square feet in area;
If the 2 new lots are not equal in area, the area of the smaller of the 2 new lots is equal to or greater than
40%

30%
of the area of the original lot;
The original lot
is not subject to any previously recorded

was never subject to another
lot split;
Residential use is allowed on the original lot;

It is feasible for both of the new lots to be accessed; for utility easements to serve both new lots; and for both new lots to meet land survey plat and monument records requirements;
The original lot is not an exempt lot; and
The original lot is not located within a common interest community that was created on or before December 31, 2027.

A subject jurisdiction may establish procedures to review and accept information related to a proposed lot split, including lot information related to:
Property ownership;
Physical characteristics of the lot, including geology and soils;
Proposed new lot lines and new lot areas;
Adequacy of water supply, sewer service, and drainage systems to serve the new lots;
Adequacy of electric power and natural gas service to serve the new lots;
Dedication for schools, parks, streets, and other public areas, or payment of money in lieu of such dedication; and
Guarantees of necessary public improvements.

A subject jurisdiction:
Shall not apply a setback standard that requires a setback from the lot line adjoining 2 new lots created through a lot split if no structure existed on the original lot immediately preceding the lot split; and
May apply a setback standard that requires a setback from the lot line adjoining 2 new lots created through a lot split if a structure existed on the original lot immediately preceding the lot split and if the setback is equal to or less than 5 feet.
If an original lot or any structure built on the original lot is subject to an evidence of debt constituting a
residential mortgage loan

lien
, then prior to approving
the split of an original

a
lot
split
, a subject jurisdiction shall verify that the
holder of the evidence of debt constituting a residential mortgage loan (holder)

lienholder
has received notice of the proposed lot split and has consented to the lot split in writing. The
holder

lienholder
may condition consent to the lot split on the satisfaction of specified conditions.
The written consent of the holder must
be executed in a form that is eligible for recording in the real property records of the county in which the original lot is located and must
include:
The
notarized
signature of the
holder

lienholder
or the agent of the
holder

lienholder
;
The name of the record owner or ground lessee of the original lot;
The legal description of the original lot; and
The identities of all parties with an interest in the original lot, as reflected in the real property
records.

records, including any easements and encumbrances.
The written consent of the
holder

lienholder
must be recorded in the office of the county recorder of the county in which the original lot is located. If the
holder

lienholder
does not provide written consent to the lot split, the subject jurisdiction shall not approve the lot split.
A lot split that is approved before the written consent of the lienholder has been obtained and recorded is void.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0047.01 Caroline Martin x5902 HOUSE BILL 26-1308
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING LOT SPLITTING APPROVAL BY SUBJECT JURISDICTIONS.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill provides that, on or after December 31, 2027, subject to
an administrative approval process, a subject jurisdiction shall approve
the split of an original lot into 2 new lots if the following conditions are
met:
! The area of the original lot is 2,000 square feet or greater
before the split;
! If the 2 new lots are not equal in area, the area of the
smaller of the 2 new lots is equal to or greater than 40% of
HOUSE
3rd Reading Unamended
March 24, 2026
HOUSE
Amended 2nd Reading
March 23, 2026
HOUSE SPONSORSHIP
Boesenecker and Woodrow, Camacho, Froelich, Lindsay, McCormick, Nguyen, Phillips,
Rutinel, Smith, Stewart R.
SENATE SPONSORSHIP
Amabile and Ball,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
the area of the original lot;
! The original lot is not subject to any previously recorded lot
split;
! Residential use is allowed on the original lot;
! The original lot is not an exempt lot; and
! The original lot is not located within a common interest
community that was created on or before December 31,
2027.
If an original lot or any structure built on the original lot is subject
to an evidence of debt constituting a residential mortgage loan, then prior
to approving the split of an original lot, a subject jurisdiction shall verify
that the holder of the evidence of debt constituting a residential mortgage
loan (holder) has received notice of the proposed lot split and has
consented to the lot split in writing. The holder may condition consent to
the lot split on the satisfaction of specified conditions.
The written consent of the holder must include:
!The signature of the holder or the agent of the holder;
! The name of the record owner or ground lessee of the
original lot;
! The legal description of the original lot; and
! The identities of all parties with an interest in the original
lot, as reflected in the real property records.
The written consent of the holder must be recorded in the office of
the county recorder of the county in which the original lot is located. If
the holder does not provide written consent to the lot split, the subject
jurisdiction shall not approve the lot split.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 5 to article2
35 of title 29 as follows:3
PART 54
LOT SPLITTING5
29-35-501. Legislative declaration.6
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:7
(a) THE DIVISION OF AN EXISTING RESIDENTIAL LOT RESULTING IN8
THE CREATION OF ONE ADDITIONAL RESIDENTIAL LOT PROVIDES9
MEANINGFUL BENEFITS TO BOTH CURRENT PROPERTY OWNERS AND10
1308-2-
PROSPECTIVE HOMEBUYERS . ADMINISTRATIVE LOT SPLITTING CAN1
PROVIDE EXISTING HOMEOWNERS WITH THE FLEXIBILITY NEEDED TO2
ADAPT TO CHANGING LIFE CIRCUMSTANCES SUCH AS AGING IN PLACE ,3
MULTIGENERATIONAL LIVING, AND OTHER CHANGES IN FINANCIAL NEEDS4
WHILE MAINTAINING HOMEOWNERSHIP. LOT SPLITTING, PARTNERED WITH5
A LOW MINIMUM LOT SIZE , CAN EXPAND ATTAINABLE HOMEOWNERSHIP6
OPPORTUNITIES FOR FIRST -TIME HOMEBUYERS AND HOMEBUYERS WITH7
MODERATE-INCOMES;8
(b) THE NEED FOR ADDITIONAL HOUSING UNITS ACROSS THE STATE9
REMAINS URGENT. ACCORDING TO THE COLORADO STATE DEMOGRAPHY10
OFFICE IN ITS SEPTEMBER 2025 RESEARCH BRIEF TITLED "COLORADO'S11
HOUSING SHORTFALL: AN ESTIMATE AND REVIEW OF EXISTING STUDIES,"12
THE STATE'S HOUSING SHORTFALL IS ESTIMATED AT APPROXIMATELY ONE13
HUNDRED SIX THOUSAND UNITS. BASED ON THE MOST RECENT POPULATION14
PROJECTIONS BY THE COLORADO STATE DEMOGRAPHY OFFICE, THE STATE15
MUST ADD APPROXIMATELY THIRTY-FOUR THOUSAND ONE HUNDRED NEW16
HOUSING UNITS ANNUALLY OVER THE NEXT DECADE TO PREVENT AN17
INCREASE IN THE EXISTING HOUSING SHORTFALL;18
(c) ACCORDING TO DATA FROM THE FEDERAL HOUSING FINANCE19
AGENCY AND THE U.S. BUREAU OF ECONOMIC ANALYSIS, HOUSING COSTS20
IN COLORADO HAVE RISEN AT A RATE THAT OUTPACES INCOME GROWTH,21
SUCH THAT IN 2023, HOME PRICES WERE APPROXIMATELY TWO HUNDRED22
TWENTY-THREE PERCENT ABOVE THEIR 2000 VALUES , WHILE MEDIAN23
INCOMES INCREASED BY ONLY ONE HUNDRED FORTY -FOUR PERCENT24
DURING THE SAME PERIOD;25
(d) A BSENT FROM SUSTAINED STRATEGIC ACTION TO INCREASE26
HOUSING PRODUCTION AND ADDRESS SUPPLY BARRIERS, THE GAP BETWEEN27
1308-3-
HOUSING SUPPLY AND DEMAND WILL CONTINUE TO WIDEN , ADVERSELY1
AFFECTING AFFORDABILITY , ECONOMIC STABILITY , WORKFORCE2
RETENTION, AND COMMUNITY WELL-BEING THROUGHOUT THE STATE;3
(e) ENTRY-LEVEL STARTER HOMES SERVE AN ESSENTIAL FUNCTION4
IN THE HOUSING MARKET. STARTER HOMES, TYPICALLY UNDERSTOOD AS5
HOMES WITH LESS THAN ONE THOUSAND FOUR HUNDRED SQUARE FEET ,6
ENABLE HOMEOWNERS TO BUILD EQUITY , ESTABLISH LONG -TERM7
STABILITY, AND SHELTER HOMEOWNERS FROM SOME INFLATIONARY8
PRESSURES, THEREBY CONTRIBUTING TO COMMUNITY RESILIENCE;9
(f) THERE IS A CRITICAL NEED TO INCREASE THE PRODUCTION AND10
AVAILABILITY OF STARTER HOMES. AS REPORTED BY THE PEW RESEARCH11
CENTER, NATIONAL TRENDS INDICATE THAT THE REDUCTION IN NEW12
HOUSING DEVELOPMENT HAS BEEN MOST PRONOUNCED AMONG STARTER13
HOMES. ACCORDING TO THE FEDERAL HOME LOAN MORTGAGE14
CORPORATION IN A RESEARCH BRIEF TITLED "HOUSING SUPPLY: A15
GROWING DEFICIT," THE SHARE OF ENTRY -LEVEL HOMES IN OVERALL16
RESIDENTIAL CONSTRUCTION HAS DECLINED FROM APPROXIMATELY FORTY17
PERCENT IN THE EARLY 1980S TO APPROXIMATELY SEVEN PERCENT IN18
2019;19
(g) ACCESS TO AFFORDABLE HOMEOWNERSHIP GENERALLY YIELDS20
BENEFITS BEYOND PROVIDING SHELTER . ACCORDING TO HABITAT FOR21
HUMANITY, CHILDREN IN FAMILIES THAT OWN THEIR HOMES ARE MORE22
LIKELY TO COMPLETE HIGH SCHOOL AND PURSUE POST -SECONDARY23
EDUCATION COMPARED TO THEIR PEERS IN FAMILIES THAT RENT HOMES .24
ADDITIONALLY, HOMEOWNERSHIP CORRELATES WITH GREATER CIVIC AND25
SOCIAL ENGAGEMENT, INCLUDING INCREASED LIKELIHOOD OF VOTING IN26
LOCAL ELECTIONS AND PARTICIPATING IN NEIGHBORHOOD AND27
1308-4-
COMMUNITY ASSOCIATIONS; AND1
(h) LAND COSTS ARE AN IMPORTANT CONTRIBUTOR TO OVERALL2
HOUSING COSTS, AND ENABLING LARGER LOTS TO BE SUBDIVIDED AND3
SHARED BETWEEN MULTIPLE HOMES SUPPORTS THE CREATION OF STARTER4
HOMES AND LOWER-COST HOUSING.5
(2) THEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND6
DECLARES THAT:7
(a) THE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF8
MIXED STATEWIDE AND LOCAL CONCERN;9
(b) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING10
POPULATION AND DEVELOPMENT GROWTH AND ENSURING A STABLE11
QUALITY AND QUANTITY OF HOUSING FOR ALL COLORADANS, AS THIS IS12
AMONG THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES13
THROUGHOUT THE STATE; AND14
(c) LOCAL GOVERNMENT POLICIES THAT LIMIT THE CONSTRUCTION15
OF A DIVERSE RANGE OF HOUSING IN AREAS SERVED BY INFRASTRUCTURE16
EFFECTIVELY CREATE HOUSING SUPPLY SHORTFALLS AND UNSUSTAINABLE17
DEVELOPMENT PATTERNS , AND THEREFORE REQUIRE A STATEWIDE18
SOLUTION.19
29-35-502. Definitions.20
AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE21
REQUIRES:22
(1) "EVIDENCE OF DEBT" HAS THE MEANING SET FORTH IN SECTION23
38-38-100.3 (8).24
(2) "EXEMPT LOT" MEANS A LOT THAT IS:25
(a) NOT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT26
SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5);27
1308-5-
(b) S ERVED BY A WELL THAT IS NOT CONNECTED TO A WATER1
DISTRIBUTION SYSTEM, AS DEFINED IN SECTION 25-9-102 (6);2
(c) SERVED BY A SEPTIC TANK, AS DEFINED IN SECTION 25-10-1033
(18);4
(d) LOCATED WITHIN AN AIRPORT INFLUENCE AREA, AS DEFINED IN5
SECTION 29-35-103; OR6
(e) A HISTORIC PROPERTY THAT IS LOCATED OUTSIDE OF A7
HISTORIC DISTRICT.8
(3) "LIENHOLDER" MEANS THE HOLDER OF AN EVIDENCE OF DEBT.9
(4) "LOT SPLIT" MEANS THE PROCESS OF SUBDIVIDING AN ORIGINAL10
LOT INTO TWO NEW LOTS.11
(5) "SUBJECT JURISDICTION" MEANS A MUNICIPALITY THAT:12
(a) HAS A POPULATION OF ONE THOUSAND OR MORE, AS REPORTED13
BY THE STATE DEMOGRAPHY OFFICE; AND14
(b) IS WITHIN A METROPOLITAN PLANNING ORGANIZATION.15
29-35-503. Lot splitting approval by subject jurisdictions.16
(1) E XCEPT AS PROVIDED IN SECTION 29-35-504, ON OR AFTER17
DECEMBER 31, 2027, SUBJECT TO AN ADMINISTRATIVE APPROVAL PROCESS18
AND IN ACCORDANCE WITH THIS PART 5, A SUBJECT JURISDICTION SHALL19
APPROVE A LOT SPLIT OF AN ORIGINAL LOT INTO TWO NEW LOTS IF THE20
FOLLOWING CONDITIONS ARE MET:21
(a) THE LOT SPLIT DOES NOT CREATE A NEW LOT THAT IS SMALLER22
THAN ONE THOUSAND TWO HUNDRED SQUARE FEET IN AREA;23
(b) IF THE TWO NEW LOTS ARE NOT EQUAL IN AREA, THE AREA OF24
THE SMALLER OF THE TWO NEW LOTS IS EQUAL TO OR GREATER THAN25
THIRTY PERCENT OF THE AREA OF THE ORIGINAL LOT;26
(c) THE ORIGINAL LOT WAS NEVER SUBJECT TO ANOTHER LOT SPLIT27
1308-6-
APPROVED THROUGH AN ADMINISTRATIVE APPROVAL PROCESS IN1
ACCORDANCE WITH THIS SECTION;2
(d) RESIDENTIAL USE IS ALLOWED ON THE ORIGINAL LOT;3
(e) IT IS FEASIBLE FOR:4
(I) BOTH OF THE NEW LOTS TO BE ACCESSED DUE TO ABUTMENT TO5
A PUBLIC OR PRIVATE STREET OR BY USE OF AN ACCESS EASEMENT, WHICH6
MAY INCLUDE SHARED COMMON ACCESS;7
(II) UTILITY EASEMENTS TO SERVE BOTH NEW LOTS; AND8
(III) BOTH NEW LOTS TO MEET THE REQUIREMENTS OF ARTICLES9
50, 51, 52, AND 53 OF TITLE 38;10
(f) THE ORIGINAL LOT IS NOT AN EXEMPT LOT; AND11
(g) T HE ORIGINAL LOT IS NOT LOCATED WITHIN A COMMON12
INTEREST COMMUNITY, AS DEFINED IN SECTION 38-33.3-103 (8), THAT WAS13
CREATED ON OR BEFORE DECEMBER 31, 2027.14
(2) I N ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION, A15
SUBJECT JURISDICTION MAY ESTABLISH PROCEDURES TO REVIEW AND16
ACCEPT INFORMATION RELATED TO A PROPOSED LOT SPLIT, INCLUDING LOT17
INFORMATION RELATED TO:18
(a) PROPERTY OWNERSHIP;19
(b) PHYSICAL CHARACTERISTICS OF THE LOT, INCLUDING GEOLOGY20
AND SOILS;21
(c) PROPOSED NEW LOT LINES AND NEW LOT AREAS;22
(d) ADEQUACY OF WATER SUPPLY, SEWER SERVICE, AND DRAINAGE23
SYSTEMS TO SERVE THE NEW LOTS;24
(e) ADEQUACY OF ELECTRIC POWER AND NATURAL GAS SERVICE25
TO SERVE THE NEW LOTS;26
(f) D EDICATION FOR SCHOOLS , PARKS, STREETS, AND OTHER27
1308-7-
PUBLIC AREAS, OR PAYMENT OF MONEY IN LIEU OF SUCH DEDICATION; AND1
(g) GUARANTEES OF NECESSARY PUBLIC IMPROVEMENTS.2
(3) NOTHING IN THIS SECTION PREVENTS A SUBJECT JURISDICTION3
FROM:4
(a) A PPLYING AND ENFORCING A LOCAL INFRASTRUCTURE5
STANDARD , INCLUDING A STANDARD RELATED TO UTILITIES ,6
TRANSPORTATION, OR PUBLIC WORKS CODES;7
(b) A PPLYING AND ENFORCING A LOCAL LIFE SAFETY CODE ,8
INCLUDING A BUILDING, FIRE, UTILITY, OR STORMWATER CODE;9
(c) APPLYING AND ENFORCING A REGULATION RELATED TO HUMAN10
AND ENVIRONMENTAL HEALTH AND SAFETY , INCLUDING OIL AND GAS11
SETBACKS, FLOODPLAIN REGULATIONS, AND AIRPORT INFLUENCE AREAS;12
(d) APPLYING AND ENFORCING A LOCAL REGULATION RELATED TO13
DEVELOPMENT, INCLUDING STORMWATER , IMPERVIOUS SURFACE AREA ,14
AND BUILDING COVERAGE STANDARDS;15
(e) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE16
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES, IN17
ACCORDANCE WITH SECTION 29-20-104.5, OR FOR THE MITIGATION OF18
IMPACTS IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;19
(f) R EQUIRING A STATEMENT BY A WATER OR WASTEWATER20
SERVICE PROVIDER REGARDING THE PROVIDER'S CAPACITY TO SERVICE A21
PARCEL;22
(g) E NACTING OR APPLYING A LOCAL LAW CONCERNING A23
SHORT-TERM RENTAL, AS DEFINED IN SECTION 29-35-402 (19); OR24
(h) A PPLYING THE DESIGN STANDARDS AND PROCEDURES OF A25
HISTORIC DISTRICT TO A PARCEL LOCATED WITHIN A HISTORIC DISTRICT.26
(4) A SUBJECT JURISDICTION:27
1308-8-
(a) S HALL NOT APPLY A SETBACK STANDARD THAT REQUIRES A1
SETBACK FROM THE LOT LINE ADJOINING TWO NEW LOTS CREATED2
THROUGH A LOT SPLIT IN ACCORDANCE WITH THIS SECTION IF NO3
STRUCTURE EXISTED ON THE ORIGINAL LOT IMMEDIATELY PRECEDING THE4
LOT SPLIT; AND5
(b) MAY APPLY A SETBACK STANDARD THAT REQUIRES A SETBACK6
FROM THE LOT LINE ADJOINING TWO NEW LOTS CREATED THROUGH A LOT7
SPLIT IN ACCORDANCE WITH THIS SECTION IF A STRUCTURE EXISTED ON8
THE ORIGINAL LOT IMMEDIATELY PRECEDING THE LOT SPLIT AND IF THE9
SETBACK IS EQUAL TO OR LESS THAN FIVE FEET.10
(5) NOTHING IN THIS PART 5 SHALL BE CONSTRUED TO SUPERSEDE,11
INVALIDATE, OR LIMIT THE ENFORCEABILITY OF PRIVATE COVENANTS ,12
CONDITIONS, OR RESTRICTIONS RECORDED AGAINST THE ORIGINAL LOT ,13
EXCEPT AS EXPRESSLY PROVIDED BY LAW.14
29-35-504. Consent of lienholder required prior to lot split.15
(1) I F AN ORIGINAL LOT OR ANY STRUCTURE BUILT ON THE16
ORIGINAL LOT IS SUBJECT TO AN EVIDENCE OF DEBT, THEN PRIOR TO17
APPROVING A LOT SPLIT IN ACCORDANCE WITH SECTION 29-35-503 (1), A18
SUBJECT JURISDICTION SHALL VERIFY THAT THE LIENHOLDER HAS19
RECEIVED NOTICE OF THE PROPOSED LOT SPLIT AND HAS CONSENTED TO20
THE LOT SPLIT IN WRITING. THE LIENHOLDER MAY CONDITION CONSENT TO21
THE LOT SPLIT ON THE SATISFACTION OF CONDITIONS SPECIFIED BY THE22
LIENHOLDER.23
(2) T HE WRITTEN CONSENT OF THE LIENHOLDER MUST BE24
EXECUTED IN A FORM THAT IS ELIGIBLE FOR RECORDING IN THE REAL25
PROPERTY RECORDS OF THE COUNTY IN WHICH THE ORIGINAL LOT IS26
LOCATED AND MUST INCLUDE THE FOLLOWING:27
1308-9-
(a) THE NOTARIZED SIGNATURE OF THE LIENHOLDER OR THE AGENT1
OF THE LIENHOLDER;2
(b) THE NAME OF THE RECORD OWNER OR GROUND LESSEE OF THE3
ORIGINAL LOT;4
(c) THE LEGAL DESCRIPTION OF THE ORIGINAL LOT; 5
(d) T HE IDENTITIES OF ALL PARTIES WITH AN INTEREST IN THE6
ORIGINAL LOT AS REFLECTED IN THE REAL PROPERTY RECORDS, INCLUDING7
ANY EASEMENTS AND ENCUMBRANCES.8
(3) T HE WRITTEN CONSENT OF THE LIENHOLDER MUST BE9
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE C OUNTY IN10
WHICH THE ORIGINAL LOT IS LOCATED.11
(4) IF THE LIENHOLDER DOES NOT PROVIDE WRITTEN CONSENT TO12
THE LOT SPLIT IN ACCORDANCE WITH THIS SECTION , THE SUBJECT13
JURISDICTION SHALL NOT APPROVE THE LOT SPLIT . A LOT SPLIT THAT IS14
APPROVED BEFORE THE WRITTEN CONSENT OF THE LIENHOLDER HAS BEEN15
OBTAINED AND RECORDED IS VOID.16
SECTION 2. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
1308-10-