State statutes define the land divisions subject to coverage by local subdivision ordinances. The North Carolina statutes provide the division 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 all divisions involving the “dedication of a new street, or a change in existing streets” are subdivisions subject to regulation.

Since the division must be for the purpose of sale, or development, courts have held divisions for other purposes are not subject to subdivision regulation. For example, a division of land for the purpose of dividing an estate among heirs has been held not to be a subdivision under the statutory definition.

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The statutory definition of a subdivision also includes the following four exemptions:

1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown in its subdivision regulations;

2. The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;

3. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;

4. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations.

(SOURCE: David W. Owens Gladys Hall Coates Professor of Public Law and Government School of Government, The University of North Carolina at Chapel Hill)