Overview

SB 174 and HB 406 from the 2023 General Legislative Session require all local governments to, among other things, modify their subdivision ordinances to comply with the process described in the statute. There are two different deadlines, depending on the size of municipality or county. Funds to hire a consultant have been allocated by the Department of Workforce Services Housing & Community Development Office. The contact list is available on the link above.

February 1, 2024: all moderate income housing plan municipalities and counties (see list here) 

• All municipalities with populations greater than 10,000
• Municipalities with a population greater than 5,000 in a county with a total population greater than 40,000
• Metro townships with populations greater than 5,000
• Counties with populations greater than 40,000 with populations greater than 5,000 in unincorporated areas.

December 31, 2024: all other municipalities and counties.

In the 2024 legislative session the following amendments were made to the subdivision law.

Changes included the updating and clarification of definitions and terminology and a change in timing for the 2-step review process called for in the 2023 legislation. Changes in timing for the review process only apply to municipalities that have a population of 5,000 or less.

Process Requirements 2024

• Local governments must designate an administrative land use authority (may be planning commission for preliminary review, cannot be planning commission for final review).
• All subdivision approval must conform to a tw0-step administrative process.

• A municipality may require a subdivision improvement plan to be submitted with a subdivision application.
• A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application.
• The review cycle requirements apply to the review of a preliminary subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application; or to the review of a final subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a final subdivision application.

A municipality may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility.

Subdivision application review; Engineering Light

A municipality shall complete the initial review of a complete subdivision application submitted for subdivision ordinance review for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: (i) no later than 15 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or (ii) no later than 30 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.

Subdivision application review; Engineering Heavy

A municipality shall complete a subdivision plan review of a subdivision improvement plan that is submitted with a complete subdivision application for a residential subdivision for single-family dwellings, two-family dwellings, or town homes within 20 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or within 40 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.