The authority and procedure for a town, city, village or county to adopt or amend a local land division ordinance is outlined in state statutes and summarized below:1
- Preparation of Draft Ordinance. The ordinance or amendment is typically prepared by the plan commission, planning and zoning staff, legal counsel, or a private consulting firm at the direction of the governing body. Local ordinances and amendments must be guided by and consistent with an adopted comprehensive plan.2
- Plan Commission Recommendation. The plan commission must review and provide a recommendation on the draft ordinance prior to adoption by the governing body.3
- Public Notice and Hearing. A hearing must be held on the draft ordinance following publication of a class 2 notice. Opportunities for public participation prior to the hearing are recommended to ensure that the ordinance is understood and accepted by the public.
- Adoption and Publication. After holding a public hearing and receiving the recommendation of its plan commission, the governing body may adopt the land division ordinance. The adopted ordinance must be published in a form suitable for public distribution.
Counties, towns, cities and villages that have established a planning agency may adopt local land division regulations that are more restrictive than state standards. Local ordinances are usually more restrictive with regard to the number and size of lots regulated (i.e. fewer than five parcels or larger than one and a half acre), or with regard to layout, design or public improvement requirements. Local ordinances may not be more restrictive with regard to time limits, deadlines, notice requirements, or other provisions that provide protections for the subdivider.