Width To Depth Ratio After Split

Question: Does the Width to Depth ratio apply to the parent parcel after a split? I have read the update to the Land Division Act of 1997 which says the Width to Depth ratio does not apply to the parent parcel after the split and over rides any local ordinance. I have presented this issue with the local zoning board and they would not take that law into consideration.

Answer: Thank you for your inquiry. You have asked does the Width to Depth ratio apply to the parent parcel after a split. You are correct, the statute clearly states in MCL 560.109(b) that; "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." See http://www.michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl- 560-109 The land division act is a very difficult act to work with. Many local officials, not working with questions from it every day, do not understand the act. Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. The attorneys at our office in St. Joseph, Michigan can help you with this issue.

Attorney: Mark A. Miller