Commentary

Subdivision ordinance requirements outlined

Back in 2008 commissioners court adopted the Milam Count y Subdiv ision and Development Regulations which says that any time a tract of land situated in Milam County and outside the corporate limits of one of our five municipalities is divided into two or more tracts, it may be subject to being platted, divided according to the terms of these subdivision regulations, and the whole procedure approved by commissioner’s court.

You may view these regulations on our web site at www.milamcounty.net.

Now unless the buyer (and/or seller) is developing a full fledged subdivision with streets and the whole nine yards, they tend to get upset when told that they have to comply with a bunch of regulations and pay associated fees.

Well, the good news is that many divisions or tracts of land are exempt from the regulations as described in Article IV.

For example, any division of land is exempt if all the lots of the subdivision are more than 10 acres; if the subdivided parts are all to continue to be used for agricultural purposes; if you’re deeding to relatives, and don’t divide into more than 4 parcels; if all lots are sold on VA loans; or you’re dealing with an undivided interest, partitioning situation.

In all these cases no additional public streets or roads, etc.can be involved per Section 232.001(a)(3) of the Local Gov. Code, or the regulations would need to be applied.

If Article IV doesn’t apply, then Article XII may apply, allowing commissioners court to grant variances from the regulations when “the public interest or the requirements of justice demands relaxation of the strict requirements of the rules.”

In many cases where an owner makes a decision to sell his or her property in smaller tracts where an Article IV exemption does not apply, there still is no good reason for enforcing the subdivision and development regulation.

To expedite these situa- tions, the commissioners court passed this interpretation: “The commissioners Court hereby delegates to a Designated Compliance Officer the authority to make decisions and grant variances according to Article XII on divisions of tracts of land where no road, drainage, f lood plain, street, utility, or other issues are involved that would require the application of this ordinance. Any such variances granted by the Designated Compliance Officer will be brought before the Commissioner’s Court at the next regularly scheduled meeting for final approval.”

Kenny Schneebeli (512)-516- 4501 performs the duties of the Designated Compliance Officer for Milam County.

In those cases where land is being subdivided and additional roads, drainage issues, utilities, and other public concerns are involved, then the county subdivision and development regulations are applicable and need to be properly followed.

Compliance will be required.

dbarkemeyer@milamcounty.net


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2012-06-14 digital edition



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