Planning board chair urges pause on ‘small tract’ subdivision rule change; commission to seek legal guidance

Kathy Nicholson, planning board chair, told the commission that a change in the county’s subdivision rules — the small‑tract subdivision threshold moving from 20 to 40 acres — appears to be producing more small-lot splits and urged the commission to “put the brakes on” further applications pending review.

“I think…we just weren’t aware of the ramifications when that changed,” Nicholson said, explaining that owners of 40‑acre tracts are now able to subdivide into 5‑ or 10‑acre lots under the revised small‑tract language and that the planning board believes the change could “open up a floodgate” of small houses across agricultural land.

Nicholson asked the commission to pause accepting new small‑tract subdivision applications until the full board and the subdivision committee could review the regulations and consider whether to revert or amend the language. She said four applications were already in process and that the planning board would proceed with those but requested no additional cases be accepted “effective today” until the county has time to review the rules.

Commission discussion focused on whether a short pause would require a formal moratorium, the legal notice needed for such an action, and time limits on tabling applications (one commissioner noted that tabling beyond 60 days can trigger an automatic approval under subdivision rules). Commissioners agreed to seek legal counsel and revisit the matter at the next meeting; one commissioner summarized that the board was “taking no action” at this meeting while legal questions are resolved.

No formal moratorium ordinance was adopted at the April 28 meeting; the commission asked staff and legal counsel to research the authority and publication requirements for any moratorium and to return with recommendations.