| KAUP & SHULTZ Attorneys at Law, LC The Library |
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Kaup & Shultz,
Attorneys at Law, LC
901 Kentucky
Suite 305
Lawrence, KS 66044
785-838-4300 phone
785-838-4302 fax
A law firm dedicated to
serving the interests of
Kansas local governments
with offices located in
Lawrence and Johnson
County, Kansas. No matter
where you are located in the
State of Kansas, we can
work with you. If your
local government needs legal
assistance, you deserve
Kansas attorneys who know
and practice Kansas local
government law on a daily
basis.
Attorneys at Law, LC
901 Kentucky
Suite 305
Lawrence, KS 66044
785-838-4300 phone
785-838-4302 fax
A law firm dedicated to
serving the interests of
Kansas local governments
with offices located in
Lawrence and Johnson
County, Kansas. No matter
where you are located in the
State of Kansas, we can
work with you. If your
local government needs legal
assistance, you deserve
Kansas attorneys who know
and practice Kansas local
government law on a daily
basis.
On this page and subsequent pages, you will find articles on
subdivision regulations.
The first article, which appears on this page, is a short summary of
some specialized provisions you might consider for your
subdivision regulations.
Kaup & Shultz can help you with your subdivision regulations,
whether you need a total rewrite or just to tweak what you have.
subdivision regulations.
The first article, which appears on this page, is a short summary of
some specialized provisions you might consider for your
subdivision regulations.
Kaup & Shultz can help you with your subdivision regulations,
whether you need a total rewrite or just to tweak what you have.
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Most local governments that have subdivision regulations have
adopted model regulations that had their origin in a model state
enabling act that is nearly 100 years old. For those interested in
history, click this link for a discussion of the early zoning and
subdivision enabling acts. This page has its own link to the original
act. Makes good reading if you need to sleep. Mike Shultz has
co-authored a book for the American Planning Association called
Model Subdivision Regulations: Text and Commentary. Some of
the provisions discussed below are in those model regulations.
Here are some provisions that most model acts have not
considered regarding the problem that old subdivision plats create.
1. In some counties and cities, land has been platted even though
it never obtained subdivision approval and that land has remained
undeveloped. Often, these subdivisions become eyesores and new
development leaps over them. These subdivisions can sit idle for
years only to have a developer or homebuilder come in and want
to pull development permits. The problem is that these old
subdivisions, sometimes called "obsolete" subdivisions, do not
meet current development standards. What is a planner to do?
One provision to incorporate into your regulations is a prohibition
on any development in a subdivision that has not been approved
by a local government. Generally, if a county has approved a
subdivision, and that subdivision is annexed into a city, the city
might have limited rights to require the subdivision to meet current
development standards if there has been development within the
subdivision--even if just a few lots were built on. However, in
those subdivisions where no development has occurred, a city or
county should able to require the owner to go through the current
subdivision approval process as long as that requirement is set out
in local regulations.
2. A more aggressive approach for subdivisions that have gone
through a subdivision approval process some time in the past is to
essentially eliminate the plat and require the land subject to the plat
to be re-platted. In other words, if a plat was approved in the
'60's, a city or county could require that the current owner obtain
subdivision approval under current regulations. A variation on this
process is for the government to initiate a plat vacation process
after giving notice to the owner of the subdivided land. Again, the
local government must have a provision in its regulations to
undertake these actions.
3. Finally, a local government might consider including a sunset
provision in its subdivision regulations. Of course, any such
provision must be consistent with the Kansas statute on vested
rights. Such a regulation would provide that a subdivision in whole
or in part would be vacated unless development occurred within a
certain number of years. This goes beyond simply requiring a
developer to meet current development standards. It would void
any plat on which development had not occurred.
WARNING: No local government should adopt any of these
suggested regulations without working with a competent land use
attorney. This might be the government's own attorney or an
outside attorney.
adopted model regulations that had their origin in a model state
enabling act that is nearly 100 years old. For those interested in
history, click this link for a discussion of the early zoning and
subdivision enabling acts. This page has its own link to the original
act. Makes good reading if you need to sleep. Mike Shultz has
co-authored a book for the American Planning Association called
Model Subdivision Regulations: Text and Commentary. Some of
the provisions discussed below are in those model regulations.
Here are some provisions that most model acts have not
considered regarding the problem that old subdivision plats create.
1. In some counties and cities, land has been platted even though
it never obtained subdivision approval and that land has remained
undeveloped. Often, these subdivisions become eyesores and new
development leaps over them. These subdivisions can sit idle for
years only to have a developer or homebuilder come in and want
to pull development permits. The problem is that these old
subdivisions, sometimes called "obsolete" subdivisions, do not
meet current development standards. What is a planner to do?
One provision to incorporate into your regulations is a prohibition
on any development in a subdivision that has not been approved
by a local government. Generally, if a county has approved a
subdivision, and that subdivision is annexed into a city, the city
might have limited rights to require the subdivision to meet current
development standards if there has been development within the
subdivision--even if just a few lots were built on. However, in
those subdivisions where no development has occurred, a city or
county should able to require the owner to go through the current
subdivision approval process as long as that requirement is set out
in local regulations.
2. A more aggressive approach for subdivisions that have gone
through a subdivision approval process some time in the past is to
essentially eliminate the plat and require the land subject to the plat
to be re-platted. In other words, if a plat was approved in the
'60's, a city or county could require that the current owner obtain
subdivision approval under current regulations. A variation on this
process is for the government to initiate a plat vacation process
after giving notice to the owner of the subdivided land. Again, the
local government must have a provision in its regulations to
undertake these actions.
3. Finally, a local government might consider including a sunset
provision in its subdivision regulations. Of course, any such
provision must be consistent with the Kansas statute on vested
rights. Such a regulation would provide that a subdivision in whole
or in part would be vacated unless development occurred within a
certain number of years. This goes beyond simply requiring a
developer to meet current development standards. It would void
any plat on which development had not occurred.
WARNING: No local government should adopt any of these
suggested regulations without working with a competent land use
attorney. This might be the government's own attorney or an
outside attorney.
| Subdivision Law Articles |
| Improving Your Subdivision Regulations: Some Tweaks for Outdated Subdivisions |
Model Regulations From Other Jurisdictions
The following links are to model regulations and
locally adopted regulations that have been developed
in various states and local governments. You might
note that these have been drafted by planners,
attorneys and in some cases, engineers. Because a
major aspect of subdivision regulations is the
requirement to build infrastructure for the subdivision,
civil engineers make valuable contributions to
subdivision regulations.
Model Subdivision Regulations
Robert Freilich and Michael Shultz (1995)
1. Montana
2. Maine
3. New York
4. Nebraska: Douglas County Regulations
5. Minnesota: Princeton, fast growing community
The following links are to model regulations and
locally adopted regulations that have been developed
in various states and local governments. You might
note that these have been drafted by planners,
attorneys and in some cases, engineers. Because a
major aspect of subdivision regulations is the
requirement to build infrastructure for the subdivision,
civil engineers make valuable contributions to
subdivision regulations.
Model Subdivision Regulations
Robert Freilich and Michael Shultz (1995)
1. Montana
2. Maine
3. New York
4. Nebraska: Douglas County Regulations
5. Minnesota: Princeton, fast growing community