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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

Education Energy
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
2026-03-23
Official status
House Second Reading Passed with Amendments - Committee, Floor
Effective date
Not listed

Plain English Breakdown

The official summary provided in the prompt contains conflicting numbers (30% vs 40%) for unequal lot sizes; the bill text excerpt confirms 40% is the correct requirement.

Lot Splitting Approval Rules for Subject Jurisdictions

Starting December 31, 2027, certain cities must approve splitting one residential lot into two new lots if specific size, access, and mortgage rules are met.

What This Bill Does

  • Requires subject jurisdictions to approve a split of an original lot into two new lots on or after December 31, 2027, if all conditions are satisfied.
  • Sets minimum size requirements so the original lot is at least 2,000 square feet and no new lot is smaller than 1,200 square feet.
  • Requires that if the two new lots are not equal in area, the smaller lot must be at least 40% of the original lot's size.
  • Mandates verification of written consent from mortgage lenders before approving a split on lots with existing home loans.
  • Limits setback rules between two new lots to zero feet if no structure existed previously, or up to 5 feet if a structure did exist.
  • Allows subject jurisdictions to create procedures for reviewing property details, utility access, and public improvements.

Who It Names or Affects

  • Municipalities with at least 1,000 residents located within a metropolitan planning organization
  • Property owners who want to split their residential lots into two new parcels
  • Lenders holding mortgages on the original property being split

Terms To Know

Subject jurisdiction
A city with a population of at least 1,000 people that is inside a metropolitan planning organization.
Lot split
The process of dividing one original piece of land into two new separate lots.
Exempt lot
A property that cannot be split under this law because it lacks city water or sewer, uses a well not connected to a distribution system, uses a septic tank, is near an airport influence area, or is a historic property outside a district.

Limits and Unknowns

  • The rules only apply to lots located in cities with at least 1,000 residents within specific planning areas.
  • Lots inside common interest communities created on or before December 31, 2027, are not eligible for this approval process.
  • A split is void if the city approves it without first getting and recording written consent from the mortgage lender.

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: This amendment updates the bill to use the term 'lienholder' instead of specific mortgage holders and adds rules requiring notarized, recorded consent for lot splits.

  • The bill now defines a 'lienholder' as anyone holding evidence of debt, rather than just those with residential mortgages.
  • Written permission from the lienholder must be notarized to be valid.
  • This written permission must include details about any easements or encumbrances on the property and be recorded in county records.
  • Any lot split approved before this consent is obtained and recorded will be considered void.
  • The provided text does not explain what specific administrative approval process mentioned in the bill title requires beyond these lienholder rules.
L.002

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment clarifies the definition of 'lot split' as dividing one original lot into two new lots and updates related terms to match state law.

  • It defines a 'lot split' specifically as the process of splitting an original lot into exactly two new lots.
  • It adds a reference so that the term 'area' follows the definition found in section 29-35-103 of state law.
  • The provided text only shows specific word changes and does not explain how these definitions affect who can approve lot splits or what rules apply to them.
L.003

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment adds specific rules that a lot split must meet, including minimum size limits and requirements for street access, utilities, and building codes.

  • Sets a rule that neither of the two new lots can be smaller than 1,200 square feet.
  • Changes a number in the bill from forty to thirty.
  • Requires that both new lots must have a way to reach them via a public or private street or an access path.
  • Mandates that utility lines and building code rules (Articles 50 through 53 of Title 38) can be met for both new lots.
  • The text does not explain what the number 'thirty' refers to, so its exact meaning is unclear.
  • The amendment lists specific building code articles but does not describe what those codes require in plain language.
L.004

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment allows local governments to create rules for checking specific details before approving a request to split one piece of land into two new lots.

  • Local jurisdictions can set up their own process to review information about proposed lot splits.
  • The required information includes who owns the property and its physical features like soil type.
  • Jurisdictions must check if there is enough water, sewer, drainage, electricity, and gas for the new lots.
  • The rules can require land or money payments for schools, parks, streets, and other public improvements.
  • This amendment only adds a list of items that jurisdictions may review; it does not explain how they must make final approval decisions.
  • The text is incomplete in the provided bill title section, so some context about when this rule starts or applies to all lots is missing.
L.005

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment changes the rules for lot splits by stopping local governments from requiring building setbacks on new property lines if there was no house before, while allowing a small setback of up to five feet if a house already existed.

  • Local jurisdictions cannot require buildings to be set back from the shared line between two new lots created from splitting an empty lot.
  • If a building already stood on the original land before it was split, local governments may still require a setback of five feet or less along that shared line.
  • The amendment does not explain what happens if a jurisdiction wants to enforce a setback larger than five feet when an existing structure is present.
  • This text only covers setbacks on the new dividing line and does not address other zoning rules or requirements for lot splits.
L.007

Second Reading

Lost [**]

Plain English: This amendment would delay the start date for a new lot-splitting approval rule from December 31, 2027, to December 31, 2031.

  • The bill's effective date is changed from December 31, 2027, to December 31, 2031.
  • This amendment was voted down and did not pass.
  • The provided text does not explain the specific rules for splitting lots that would take effect on this new date.
L.009

Second Reading

Passed [**]

Plain English: This amendment requires that when a jurisdiction approves splitting one lot into two new lots, the official records must include details about any existing easements and encumbrances.

  • The bill now mandates that approval documents for lot splits must list all current easements.
  • The provided text does not define what specific types of 'easements' or 'encumbrances' are included.
  • It is unclear from this short excerpt how the new requirement will be enforced if records are missing these details.
L.010

Second Reading

Lost [**]

Plain English: This amendment would change the law so that local governments must think about approving a lot split instead of being required to approve it.

  • Changes the rule from requiring approval ('shall approve') to only needing to review and consider approval ('shall consider approving').
  • The amendment text does not explain what happens if a jurisdiction decides not to approve after considering it.
  • This amendment was lost, meaning the original bill language requiring approval likely remains unchanged.
L.012

Second Reading

Lost [**]

Plain English: This amendment would require that new roads be built to safely allow fire trucks and other emergency vehicles to reach all lots created by a split after December 31, 2027.

  • New roads must be constructed for any lot splits approved under this law starting on or after December 31, 2027.
  • The amendment text does not explain what happens if the new roads are not built.
  • It is unclear exactly how much road construction is needed to meet the 'adequate' and 'safe access' standards mentioned in the text.

Bill History

  1. 2026-04-30 Senate

    Senate Committee on Local Government & Housing Postpone Indefinitely

  2. 2026-03-27 Senate

    Introduced In Senate - Assigned to Local Government & Housing

  3. 2026-03-24 House

    House Third Reading Passed - No Amendments

  4. 2026-03-23 House

    House Second Reading Passed with Amendments - Committee, Floor

  5. 2026-03-23 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  6. 2026-03-20 House

    House Second Reading Laid Over Daily - No Amendments

  7. 2026-03-17 House

    House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole

  8. 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
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(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
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