Minor Land Division

San Pedro River, Cochise County

Purpose

A minor land division is the planning process to divide land into five (5) or fewer lots, tracts, parcels, sites or divisions, any of which is ten (10) acres or smaller in size. The minor land division permit ensures the division of land complies with zoning regulations and does not constitute a subdivision of six or more lots as defined by Arizona Revised Statutes (A.R.S.).

Acting in Concert

It shall be unlawful for a person or group of persons acting in concert to divide a parcel of land into six (6) or more lots or sell or lease six (6) or more lots by using a series of owners or conveyances in an attempt to avoid the provisions of this ordinance. This provision may be enforced by the County Attorney’s Office or the Arizona Department of Real Estate, or both, pursuant to the laws of the State of Arizona.

Application Process

Required Submittals

  • Minor Land Division Application
  • Permit Fee
  • A statement from a registered land surveyor or other evidence acceptable to the county stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.
  • Property survey showing:
    • Dimensions of all proposed lot
    • The current zoning of the parcels proposed to be divided.
    • Roads or private driveway easements

Review Criteria

An application to split a parcel of land shall be approved if: 

  • Each newly-created parcel must meet the minimum zoning requirements of the applicable zoning designation.
  • The applicant demonstrates legal access to each proposed lot
  • The applicant provides a statement from a licensed surveyor or engineer or other evidence acceptable to the county, stating whether each lot, parcel, or fractional interest has legal, physical access that is traversable by a two-wheel drive passenger motor vehicle, and
  • The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel, or fractional interest created by the land division.

Recordation

Recordation with Approval

Recordation with Approval - After approval of a Minor Land Division Permit, it is recorded at the County Recorder’s Office along with any attached supplementary information provided to Development Services by planning staff. Recordation must occur within six (6) months of the approval by the Development Services Department.

Recordation without Approval

Recordation of a division of land may not be denied for non-compliance with the requirement for legal access or compliance with applicable zoning regulations. However, all such deficiencies are required to be noticed in the full, detailed description of all deeds. Should an applicant choose to record a Minor Land Division survey without a permit approved by Development Services, any deficiencies are required to be noticed in the full, detailed description of all deeds.

Next Steps

To divide property, an applicant must record a deed conveying the property and describe the part of the property being conveyed in the deed’s legal description. The Recorder's Office forwards all documents transferring the property to the Assessor. The Assessor splits the property according to the description on the recorded document. A minor land division permit is a "planning check" inserted into the process prior to the ultimate land division taking place to ensure zoning compliance. The Minor land division permit grants permission from the Cochise County Development Services to split the land. The MLD, when required, is recorded, along with recorded deeds which create the minor land division.