Land use: land division; number of parcels resulting from division; authorize counties and municipalities to increase, the official text

Act
No. 58

Public
Acts of 2025

Approved
by the Governor

December
23, 2025

Filed
with the Secretary of State

December
23, 2025

EFFECTIVE
DATE:  Sine Die

(91st day after final adjournment of the 2025 Regular Session)

state of michigan

103rd Legislature

Regular session of 2025

Introduced by Senator Hertel

ENROLLED SENATE BILL No. 23

AN ACT to amend 1967 PA 288,
entitled “An act to regulate the division of land; to promote the public health,
safety, and general welfare; to further the orderly layout and use of land; to
require that the land be suitable for building sites and public improvements
and that there be adequate drainage of the land; to provide for proper ingress
and egress to lots and parcels; to promote proper surveying and monumenting of
land subdivided and conveyed by accurate legal descriptions; to provide for the
approvals to be obtained prior to the recording and filing of plats and other
land divisions; to provide for the establishment of special assessment
districts and for the imposition of special assessments to defray the cost of
the operation and maintenance of retention basins for land within a final plat;
to establish the procedure for vacating, correcting, and revising plats; to
control residential building development within floodplain areas; to provide
for reserving easements for utilities in vacated streets and alleys; to provide
for the filing of amended plats; to provide for the making of assessors plats;
to provide penalties for the violation of the provisions of this act; to repeal
certain parts of this act on specific dates; and to repeal acts and parts of
acts,” by amending section 108 (MCL 560.108), as added by 1996 PA 591.

The People of the State of
Michigan enact:

Sec.
108. (1) A division is not subject to the platting requirements of this act.

(2) Subject to subsection (3), the division, together with
any previous divisions of the same parent parcel or parent tract, shall result
in a number of parcels not more than the sum of the following, as applicable:

(a) For the first 10 acres or fraction thereof in the parent
parcel or parent tract, the following number of parcels:

(i) Beginning on the effective date of the
amendatory act that added subsection (6), until 1 year after that date, and
subject to subsection (6), 4 parcels.

(ii) Beginning 1 year after the effective
date of the amendatory act that added subsection (6), 10 parcels.

(b) For each whole 10 acres in excess of the first 10 acres
in the parent parcel or parent tract, 1 additional parcel, for up to a maximum
of 11 additional parcels.

(c) For each whole 40 acres in excess of the first 120 acres
in the parent parcel or parent tract, 1 additional parcel.

(3) For a parent parcel or parent tract of not less than 20
acres, the division may result in a total of 2 parcels in addition to those
permitted by subsection (2) if 1 or both of the following apply:

(a) Because of the establishment of 1 or more new roads, no
new driveway accesses to an existing public road for any of the resulting
parcels under subsection (2) or this subsection are created or required.

(b) One of the resulting parcels under subsection (2) and
this subsection comprises not less than 60% of the area of the parent parcel or
parent tract.

(4) A parcel of 40 acres or more created by the division of a
parent parcel or parent tract shall not be counted toward the number of parcels
permitted under subsections (2) and (3) and is not subject to section 109, if
the parcel is accessible.

(5) A parcel or tract created by an exempt split or a
division is not a new parent parcel or parent tract and may be further
partitioned or split without being subject to the platting requirements of this
act if all of the following requirements are met:

(a) Not less than 10 years have elapsed since the parcel or
tract was recorded.

(b) The partitioning or splitting results in not more than
the following number of parcels, whichever is less:

(i) Two parcels for the first 10 acres or
fraction thereof in the parcel or tract plus 1 additional parcel for each whole
10 acres in excess of the first 10 acres in the parcel or tract.

(ii) Seven parcels or 10 parcels if one of
the resulting parcels under this subsection comprises not less than 60% of the
area of the parcel or tract being partitioned or split.

(c) The partitioning or splitting satisfies the requirements
of section 109.

(6) Beginning on the effective
date of the amendatory act that added this subsection, a parcel or tract may be
partitioned or split at any time into a greater number of parcels or tracts
than otherwise authorized by this section if the partitioning or splitting is
authorized by and complies with standards set forth in an ordinance of the
municipality or county having authority to approve or disapprove a division
under section 109(1).

(7) A parcel or tract created under the
provisions of subsection (5) or of an ordinance described in subsection (6)
may not be further partitioned or split without being subject to the platting requirements
of this act, except in accordance with the provisions of subsection (5) or of
an ordinance described in subsection (6).

Secretary of the Senate

Clerk of the House of
Representatives

Approved___________________________________________

____________________________________________________

Governor