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Court grants discretionary subdivision exemption to allow sale of acreage in Precinct 4
Summary
Henderson County approved a discretionary Appendix U exemption to permit a property owner to divide about 21 acres (retaining roughly 5 acres) in the JJ Martinez survey, Abstract 993, Tract 17 in Precinct 4; the court clarified that the retained acreage cannot be further subdivided for two years and that any developer buyer must follow subdivision regulations.
Henderson County Commissioners approved a discretionary exemption under Appendix U to allow a division of roughly 21 acres in the JJ Martinez survey, Abstract 993, Tract 17, located in Precinct 4.
Court members explained the Appendix U exemption is intended to permit limited, non-developer splits where the seller is not creating lots for resale. Under the exemption the current owner may split off a parcel (the owner plans to keep about 5 acres and sell the remainder); the court and staff clarified that the seller is restricted from further subdividing the retained 5 acres for two years. If a buyer later wishes to create a subdivision, that buyer must comply with full subdivision regulations.
After questions about prior instances and the limits of the exemption, the court moved and voted unanimously to approve the discretionary exemption for the JJ Martinez survey parcel.
