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0 <br />EAGUE OF <br />\4INNESOTA <br />CITIES <br />CONNECTING & INNOVATING <br />SINCE 1913 <br />RISK MANAGEMENT INFORMATION <br />SUBDIVISIONS, PLATS, AND DEVELOPMENT <br />AGREEMENTS -OH MY! <br />Regulating the division of land can be a powerful tool in implementing any municipal <br />comprehensive land use plan. This memo summarizes some of the basic law associated with <br />subdivisions, plats, and development agreements. It is by no means a complete discussion of all the <br />issues that may be involved with subdivision regulation. <br />Definitions <br />• A "subdivision" is the division or separation of a large tract of typically unimproved land <br />under single ownership into smaller units, lots or parcels. <br />• A "plat" is a technical drawing or map that shows the lot lines or parcel boundaries, as well as <br />the location of road right-of-way and utility easements. <br />• A "development agreement" is a contract that a city may enter into with a landowner or <br />developer upon subdivision that details how associated infrastructure will be accomplished. <br />Chapter 505 Plats <br />Plats are technical drawings delineating one or more parcels of land drawn to scale depicting the <br />location and boundaries of lots, blocks, outlots, parks, and public way. Plats are prepared and <br />recorded in conformance with Minnesota Statute Chapter 505, and must contain a certification by <br />a land surveyor and be approved by the county surveyor. The 2007 Legislature rewrote Chapter <br />505 to reflect changes in platting and surveying standards, technologies, and processes. Sometimes <br />a subdivision is said to be the same as a plat, but that is not always true, and the differences <br />between the two can be important in some scenarios as noted below. <br />Plats shall be presented for approval to the city in which the land is located pursuant to Minn. Stat. <br />505.03. Plats that document a subdivision of land are subject to the approval of the city council <br />exercising its authority over the subdivision of the land. The 2007 Legislature provided that plats <br />that only delineate existing parcels or comply with a minor subdivision procedure may be <br />approved by a local government official designated by the city council. If a city does not have <br />subdivision regulations under its 462.358 authority, it may nonetheless be presented with plats for <br />approval under 505.03. Without a subdivision ordinance, a city's authority is limited to technical <br />review of plats, and authority to withhold approval to such plats would seem somewhat limited. <br />This material is provided as general information and is not a substitute for legal advice. <br />Consult your attorney for advice concerning specific situations. <br />LEAGUE OF MINNESOTA CITIES <br />INSURANCE TRUST <br />145 UNIVERSITYAVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1298 <br />ST. PAUL. MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWWLMC.ORG <br />