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Council advances minor‑subdivision threshold change to 5 lots on second reading
Summary
On second reading council moved to redefine minor subdivisions as fewer than five lots (triggering major subdivision review at five or more lots). Members asked about family exemptions and state code; attorney and staff said only the numeric threshold changed and staff will research possible family exemptions before final reading.
Kershaw County Council on Aug. 12 approved a second reading to change the subdivision threshold that distinguishes minor from major subdivisions, making 5 lots the cutoff for a major subdivision trigger.
The text amendment revises the county’s subdivision definition so that anything of five lots or more triggers the major‑subdivision review process, while fewer than five lots remain a "minor subdivision". Council members asked whether a family exemption could be added to prevent routine parent‑to‑child parcel divisions from triggering more complex review. County legal staff cautioned that creating a family exemption could raise equal‑protection questions under state law and agreed to research options and return with recommendations before final reading.
County counsel and planning staff told council that existing state exemptions (for parcels divided by inheritance or certain agricultural exemptions) already apply in limited circumstances; this amendment only changes the numeric threshold and not the substantive review standards. Councilmember comments noted that a third reading would provide an opportunity to consider language and any family‑exemption provisions.
The county clerk recorded a unanimous in‑person and remote vote on second reading. Staff will coordinate follow‑up work to research possible exemptions and report back to council ahead of the next reading.
