HB-4055, As Passed House, March 19, 2019
HOUSE BILL NO. 4055
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending section 109 (MCL 560.109), as amended by 2017 PA 196.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 109. (1) A municipality shall approve or disapprove a
proposed division within 45 days after the filing of a complete
application for the proposed division with the assessor or other
municipally designated official. However, a municipality with a
population of 2,500 or less may enter into an agreement with a
county to transfer to the county authority to approve or disapprove
a division. An application is complete if it contains information
necessary to ascertain whether the requirements of section 108 and
this section are met. The assessor or other municipally designated
official, or the county official, having authority to approve or
disapprove a proposed division, shall provide the person who filed
the application written notice whether the application is approved
or disapproved and, if disapproved, all the reasons for
disapproval. A complete application for a proposed division shall
be approved if, in addition to the requirements of section 108, all
of the following requirements are met:
(a) Each resulting parcel has an adequate and accurate legal
description and is included in a tentative parcel map showing area,
parcel lines, public utility easements, accessibility, and other
requirements of this section and section 108. The tentative parcel
map shall be a scale drawing showing the approximate dimensions of
(b) Each resulting parcel has a depth of not more than 4 times
the width or, if an ordinance referred to in subsection (5)
requires a smaller depth to width ratio, a depth to width ratio as
required by the ordinance. The municipality or county having
authority to review proposed divisions may allow a greater depth to
width ratio than that otherwise required by this subdivision or an
ordinance referred to in subsection (5). The greater depth to width
ratio shall be based on standards set forth in the ordinance
to in subsection (5). The standards may include, but
required to include and need not be
limited to, exceptional
topographic or physical conditions with respect to the parcel and
compatibility with surrounding lands. The depth to width ratio
requirements of this subdivision do not apply to a parcel larger
than 10 acres, unless an ordinance referred to in subsection (5)
provides otherwise, and do not apply to the remainder of the parent
parcel or parent tract retained by the proprietor.
(c) Each resulting parcel has a width not less than that
required by an ordinance referred to in subsection (5).
(d) Each resulting parcel has an area not less than that
required by an ordinance referred to in subsection (5).
(e) Each resulting parcel is accessible.
(f) The division meets all of the requirements of section 108.
(g) Each resulting parcel that is a development site has
adequate easements for public utilities from the parcel to existing
public utility facilities.
(h) The division does not isolate a cemetery so that it does
not meet the requirements of either section 102(j)(i) or (ii).
(i) One of the following are satisfied:
(i) All property taxes and special assessments due on the
parcel or tract subject to the proposed division for the 5 years
preceding the date of the application have been paid, as
established by a certificate from the county treasurer of the
county in which the parcel or tract is located. If the date of the
application is on or after March 1 and before the local treasurer
of the local tax collecting unit in which the parcel or tract is
located has made his or her return of current delinquent taxes, the
county treasurer shall include with his or her certification a
notation that the return of current delinquent taxes was not
available for examination. The official having authority to approve
or disapprove the application shall not disapprove the application
because the county treasurer's certification includes such a
notation. The county treasurer shall collect a fee for a
certification under this subdivision in an amount equal to the fee
payable under section 1(2) of 1895 PA 161, MCL 48.101, for a
certificate relating to the payment of taxes under section 135 of
the general property tax act, 1893 PA 206, MCL 211.135.
(ii) If property taxes or special assessments due on the
parcel or tract subject to the proposed division have not been
paid, the unpaid property taxes or special assessments have been
apportioned by the township or city assessing officer as provided
by section 53 of the general property tax act, 1893 PA 206, MCL
211.53. Any apportioned property taxes or special assessments are a
lien against the parcels or tracts as apportioned by the assessing
officer and shall be treated in the same manner as property taxes
and special assessments of the year of the original assessment for
the purpose of collection and sale for delinquent taxes under the
general property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(2) The right to make divisions exempt from the platting
requirements of this act under section 108 and this section can be
transferred, but only from a parent parcel or parent tract to a
parcel created from that parent parcel or parent tract. A
proprietor transferring the right to make a division pursuant to
this subsection shall within 45 days give written notice of the
transfer to the assessor of the city or township where the property
is located on a form prescribed by the state tax commission. The
form shall include substantially the following questions in the
mandatory information portion of the form:
(a) "Did the parent parcel or parent tract have any
unallocated divisions under the land division act, 1967 PA 288, MCL
560.101 to 560.293?"
(b) "Were any unallocated divisions transferred to the newly
created parcel? If so, state whether all were transferred or, if
not, how many?"
(3) A person shall not sell a parcel of unplatted land unless
the deed contains a statement as to whether the right to make
further divisions exempt from the platting requirements of this act
under this section and section 108 is proposed to be conveyed. The
statement shall be in substantially the following form: "The
grantor grants to the grantee the right to make [insert "zero", a
number, or "all"] division(s) under section 108 of the land
division act, 1967 PA 288, MCL 560.108.". In the absence of a
statement conforming to the requirements of this subsection, the
right to make divisions under section 108(2), (3), and (4) stays
with the remainder of the parent tract or parent parcel retained by
(4) All deeds for parcels of unplatted land within this state
executed after March 31, 1997 shall contain the following
statement: "This property may be located within the vicinity of
farm land or a farm operation. Generally accepted agricultural and
management practices which may generate noise, dust, odors, and
other associated conditions may be used and are protected by the
Michigan right to farm act.".
(5) The governing body of a municipality or the county board
of commissioners of a county having authority to approve or
disapprove a division may adopt an ordinance setting forth the
standards authorized in subsection (1)(b), (c), and (d). The
may establish a fee for
review of an
application under this section and section 108. The fee shall not
exceed the reasonable costs of providing the services for which the
fee is charged.
(6) Approval of a division is not a determination that the
resulting parcels comply with other ordinances or regulations.
(7) Compliance with this section is not a requirement for a
deed to be received for record or recorded by a register of deeds.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.