Asked April 23, 2018, 4:30 PM EDT

If a parcel that is proposed to be split has a large area that is wetland or a natural pond, does the wetland area count toward the required minimum lot requirement of the newly proposed lot? Would that area just be considered not usable for building on?

Muskegon County Michigan

1 Response

Under Michigan’s Land Division Act, the rules for determining the required minimum parcel size and minimum parcel width are delegated to and should be found within the municipality’s local land division ordinance or its zoning ordinance. Some local ordinances express minimum parcel size in terms of area and a measure of width. Some define the area as not including certain features, e.g., wetlands, beach, easements, etc. It is best to have a conversation with your local official responsible for reviewing proposed land divisions, which is usually the assessor.