GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2009-33
SENATE BILL 385
AN ACT TO MODIFY THE AUTHORITY OF macon COUNTY TO REGULATE THE SUBDIVISION OF LAND.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 153A‑335 reads as rewritten:
"§ 153A‑335. "Subdivision" defined.
(a) For purposes of this Part, "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions are created for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to this Part:
(1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations.
(2) The division of land into parcels greater than 10 acres if no street right‑of‑way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors.
(4) The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, if no street right‑of‑way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations.
A county in its ordinance may provide that "subdivision" does not apply to a family subdivision. A "family subdivision" is the division of land into two or more parcels or lots for the purpose of conveying the resulting parcels or lots to a grantee or grantees who are in any degree of lineal kinship to the grantor, or to a grantee or grantees who are within four degrees of collateral kinship to the grantor. The exemption provided by the ordinance shall only apply if the deed of conveyance notes that it is a family subdivision as defined by this section. Degrees of kinship shall be computed in accordance with G.S. 104A‑1.
(b) A county may provide for expedited review of specified classes of subdivisions."
SECTION 2. This act does not impose any liability on the State of North Carolina concerning the construction or maintenance of any road.
SECTION 3. This act applies to Macon County only.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26th day of May, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives