04/04/2025

Coastal Solutions Compendium

Land Divisions

The Michigan Land Division Act governs how land may be subdivided into smaller parcels for development, sale, or other uses. It regulates the number and timing of metes and bounds splits (i.e., parcels) and the process for platted subdivisions (i.e., lots)  of land. The Michigan Condominium Act provides the legal framework for establishing site condominiums (i.e., units), which many communities treat as a land division. For each of these land division methods, local units of government may adopt an ordinance to require compliance with zoning regulations or development standards and set up a process for review and approval.  

Why it supports resilience: 

Reviewing land divisions and developing standards specific to coastal concerns can help prevent overdevelopment in coastal areas and protect natural features such as dunes, wetlands, and vegetated zones. Deeper or “long” lots allow for development to be located further landward from the shoreline, reducing the risk of damage from erosion and flooding.

How it is used:

Local governments may adopt a review process for land undergoing a division and include development standards that align with zoning ordinances. The process can ensure that new lots/parcels/units meet requirements for size, shape, access, and compatibility with the surrounding area. Land division standards may be incorporated into a coastal district or coastal overlay.

Possible obstacles to implementation:

• Smaller communities or those lacking resources may find it difficult to track land divisions until after they have been completed.
• Land available to implement long lots may be limited by existing development, including roads.

Example

Hampton Township Land Division Ordinance 

Ordinance No. 54: “The purpose of this ordinance is to implement the provisions of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of property which do not comply with the applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise provide for the health, safety, and welfare of the residents and property owners of the Township by establishing reasonable standards for prior review and approval of land divisions within the Township.”

Fruitland Township Lake Michigan Shoreline District

Section 6.01a, Lot Compliance standard: “No waterfront lot or parcel shall be created unless said lot or parcel meets the minimum lot width, area, and dimensional standards and requirements of this district, in addition to the above-mentioned lake front requirements.”

Tasks for implementing this tool:

• If a new land division ordinance is proposed to be created, determine the desired review and approval process that ensures compliance with zoning and development standards.
• Identify development standards that must be applied in addition to those required by the state Land Division Act. Examples could include greater width and depth for waterfront properties to allow for future building relocation and natural features protection and limitations on “flag” or “keyhole” lots that provide access to the waterfront.