If I can get the images to work properly, I would love to see how many different ways the following two definitions can be reasonably interpreted.
I realize that there will be concern over not having all of the rest of the regulations. However, these two definitions are the only two that relate to or contain the phrase "Agricultural Use".
Looking forward to reading the different viewpoints.
Jon Payne
I think you have to use the common sense approach. If the land is in AG, has an Ag exemption, then a division of it is not subject to the subdivision ordinance. This isn't a Texas rule that you're quoting, but if it was, my farm, that is 67 acres, is classified as a timber/cattle farm. This means that I grow trees (I have up to 10 years between cuttings) and I grow hay for hay production (I don't have the cows yet, but they're coming) and I would not be subject to the subdivision ordinance as you listed above.
How far someone wants to push it, well that's their business. But let's say that you divide a tract and one of the daughter tracts is non compliant with the ag rule (less than 5 acres) then I would think that would kick the subdivision ordinance into effect, i.e. a 10 acre tract that harvests pecans for sale couldn't be broken into three parts and still enjoy an ag classification since it would be less than the requisite 5 acres unless you cut 2, 2 acre tracts out and left a 6, but then the two 2 acre tracts would kick in the subdivision between them and not necessarily enjoining the 6 acre tract.
That's my take.
Agricultural land is exempt form the subdivision law. So, if each lot is larger than five acres and used for agriculture purposes as per the definition it is exempt from the subdivision law.
I think we need to know the specifics of your situation. Possibly you are looking at lot exclusions. IMHO if you divide a lot into three lots and two are used for house lots and the remaining 5 acre plus lot is used for agricultural purposes as per the ordinance then it isn't a subdivision.
If you are dividing land into Tracts larger than 5 acres for agricultural purposes then you are exempt from the subdivision rules; unless you create a new street, then they come into effect regardless. Be thankful, here they just changed the rule to 80 acres.
What state?
There is something called a family subdivision in Virginia. It matters not the specific zoning classification/rules. It's a state law which is trumped by local ordinances. There is also something called a "Subdivision by Right". Of course these are peculiar in nature since the tract also has to be buildable (ie. common sense....suitable soils....blah blah blah).
Each state has their own rules and regs regarding property rights.
Seems to allow division of land into 5 aces or larger parcels as long as the land is for Ag use. Utah has a similar law except if the land ever is used for other than Ag use it becomes subject to the subdivision ordinance (county will make you do a one lot subdivision, kinda stupid but just makes you have utilities and do a plat/survey).
What I find interesting is apparently a division of a parcel into two is not a subdivision (subject to subdivision ordinance) as long as a new street isn't built. I'd like to see that in my state.
