Box 9098, santa rosa, california 954059990 phone 707 5786016 fax 7075784406 email. Whenever reference is made to the land surveyors act by any statute, it shall be construed as referring to the professional land surveyors act. Regulation and control of the design and improvement of subdivisions are vested in. A desk reference covering californias subdivision laws and processes. Subdivision map act california land surveyors association. Explore both local agency and subdivider viewpoints and discuss legal and practical solutions.
Court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development permit to allow construction of infrastructure improvements court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development. Sep 30, 2008 existing law exempts from the requirements of the subdivision map act specified types of property, including, among others, mineral, oil, or gas leases, land dedicated for cemetary purposes, and boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party. This chapter may be cited as the subdivision map act. The map act sits at the critical intersection between community land use planning and private real estate development, with subdivision maps serving both to ensure the proper design and improvement and to authorize the sale, lease, and financing of property.
Subdivision map act online manual lorman education services. Also featured are a practice writing test, a sample answer document, answer keys, and selfscoring instructions. The subdivision map act is contained in california government code section 66410, et. California subdivision map act part 1 sirkinlaw apc. Theory and practice 7th edition, 1998 anderson and mikhail mcgrawhill, inc. Section 2 earthworks and geotechnical requirement s v1. Subdivision map act city or county two or more parcels or lots 2. Practice emphasizes all aspects of land development and use, the entitlement process and environmental regulation, including the subdivision map act, ceqa, development permitting, regulatory takings and climate change. All subdivision maps are prepared in accordance with the. Court of appeal holds that subdivision map act limits time.
Subdivision map act in california ondemand webinar lorman. Project coordination shall include the coordination of those technical submissions as prepared by others. Subdivision map act in california ondemand webinar. Practice by financial institutions of denying loans or varying finance terms based on the location of a given property, regardless of the. This reference contains a summary of the major provisions of californias subdividion map act, including changes in the law, recent court cases, and california attorney general opinions, up to date as of january 1, 1988. The county of san diego violated the subdivision map act by approving residential development of land restricted to agricultural use under the williamson act when the development was neither closely related to nor necessary for agricultural use. Identify and disclose potential conflicts of interest 12% test questions on these professional activities may include one or more of the following. Californias subdivision map act sma is one of the most litigated areas of development in california. Court of appeal holds that subdivision map act limits time that vesting tentative maps can be extended due to development moratoria, and that filing of an admittedly nonconforming phased final map does not extend the life of the tentative map. A certificate of compliance is a method for the planning department to certify that a parcel of land was or was not created in compliance with the subdivision map act 1972 in effect at the time the parcel was divided. California subdivision map act part 6 sirkinlaw apc. We have a piece of land that is land locked and the neighbor filed for a subdivision and has denied us access. Land use 101 the basics of land use law for the general.
It is unlawful for any person to practice, offer to practice, or represent himself or herself, as a land surveyor in this state, or to set, reset, replace or remove any survey monument on land. Subdivision map act division 3 subdivision map act 66410. A subdivision map has been recorded or is in preparation for recording under the provisions of the subdivision map act. The subdivision map act sets forth the conditions for approval of a subdivision map and requires enactment of subdivision ordinances by which local governments have direct control over the types of subdivision projects to be undertaken and the physical improvements to be installed.
Tips for using the subdivision map act to fight bad. It enables cities and counties to pass ordinances regulating subdivisions so that an orderly and. As a result, the map filing act of 1929 was enacted, and was superseded by what is currently known as the state subdivision map act. California subdivision map act part 1 california subdivision map act government code section 6641066499. This distinction is sometimes referred to as a subdivision. Crossdisciplinary practice involving land use, water resources, environmental compliance, natural resources and public law through the representation of both public agencies and private businesses throughout california. Dec 08, 2017 does the subdivision map act protect against this. It is mentioned here because property within a redevelopment project area must. Anything else you want the lawyer to know before i connect you. The subdivision map act is an essential to the regulation of land use by cities and counties throughout california.
Court of appeal rules that subdivision map act does not. Land use 101 the basics of land use law for the general practitioner by. Subdivision map act as amended january 1, 2002 sections 66410 to 66499. This chapter may be cited as the professional land surveyors act. The practical approach to this discussion will make the light bulb go off, and leave you much more confident when dealing with the california subdivision map act. Californiaspecific professional land surveyor examination. Preemption local jurisdictions cities and counties control subdivisions through sma. Parcel maps 4 lots or fewer and final maps more than 4 lots are checked for compliance with the subdivision map act, section 66410 et sequentes of the california government code, title 17 of the napa county code, and any conditions of approval established in public hearing by the napa county planning commission. The general plan consistency finding is the only affirmative finding that the subdivision map act. The california subdivision map act authorizes local governmental. Apply the subdivision map act and other related laws and regulations 11. The definitions in this article apply to the provisions of this chapter only and do not affect any other provisions of this code. It can be politically controversial and is a practice area unto itself.
Bureau of engineering land development manual part d 407 d 211. Tentative map refers to a map made for the purpose of showing the. Notwithstanding the provisions of this subdivision, the practice of land surveying shall exclude functions unique to engineering as specified by rules of the board. Does the subdivision map act protect against neighboring. A subdivision or lot split is the legal division of any parcel into two or more lots for the purpose of sale, lease or financing, but may also include the conversion of structures into condominiums. Subdivision map act updates on key developments in 2019.
Special civil engineering examinations reference list. A parcel or final map shall be required as follows. Home court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development permit to allow construction of infrastructure improvements court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development permit to allow. Learn key provisions of the map act, how it is applied in planning and development processes, recent legislative changes and new legal interpretations. Code of practice for and development and subdivision, part 2.
Code of practice for and development and subdivision, part. Professional land surveyor professional land surveyor refers to one who practices or offers to practice land surveying. This program guides you through the statutory requirements for subdividing real property, and on ensuring map act compliance in grants and other types of real estate transactions. This ordinance is adopted pursuant to the provisions of the subdivision map act. A desk reference covering californias subdivision laws and processes curtin, daniel j on. Learn how to navigate through current subdivision procedures and avoid common problems along the way. California government code, the professional land surveyors act, and the city of san diego land development code ldc. Ls act controls licensing and practice of land surveying 1. The subdivision map act vests local municipalities with the power to regulate the subdivision of real property in california. Surveyor a licensed land surveyor authorized to practice in california. This division may be cited as the subdivision map act. Conducts regular seminars and workshops on the subdivision map act, the development approval process in california and ceqa.
Subdivision map act city or county two or more parcels or lots. The subdivision map act california government code division 2. Resource management act, building act, local government act and auckland council district plan and auckland council regional plan requirements. Origins of the act enacted in 1893 and was entirely on one page 2. City of half moon bay, the first appellate district clarified two issues of longstanding ambiguity under the subdivision map act, government code section 66410 et seq first, the court addressed the issue of the amount of time that the life of a vesting tentative map may be extended due to development moratoria. An advanced seminar the inherent inconsistencies and discrepancies of the subdivision map act can cause frequent problems in administration and interpretation. Subdivision map act the subdivision map act of the state of california, chapters 1 through 7 of division 2, title 7 of the government code, commencing with section 66410. Subdivision map act online manual lorman education.
A list of individual state surveying regulations for use in the determination of. The subdivision map act is the california state law relevant to subdivision of real property, according to orange county law firm garrett defrenza stiepel ryder llp. Subdivisions and government control flashcards quizlet. The ag concluded, as many surveyors, local officials and land use attorneys had already determined, that such a conveyance was in fact, not a.
Sep 07, 2017 home court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development permit to allow construction of infrastructure improvements. Subdivision map act excerpts from business and professions code chapter 2. Matthew gray, a land use attorney with perkins coie in san francisco, practices regularly under the subdivision map act and will provide an update on key developments in 2019 relating to the map act and california land use generally. The permit streamlining act was enacted in 1977 in order to expedite the processing of permits for development projects. Notwithstanding the provisions of this subdivision, the practice of land surveying shall exclude functions unique. Each local agency shall, by ordinance, regulate and control. Act, liens and foreclosures of the owners property are permitted. The survey is a retracement of lines shown on a subdivision map, record of survey, parcel map or official map of record, where no material discrepancies with such.
Subdivision map act sma beginning at section 66410 of the. Tips for using the subdivision map act to fight bad development. Subdivision map act division 2 commencing with section 66410. Learn key provisions of the map act, how it is applied in planning and development processes, recent legislative changes and new legal interpretations from court decisions and attorney general opinions. Subdivision lands act bureau of real estate five or more parcels or lots. Hills broad based experience in land development on the private side and his policy making experience from the county surveyor side create a powerful perspective. Conservation easements and the subdivision map act land use. Subdivisions and other public controls 447 subdivision regulation is one of the major legislative and administrative tools for implementing the general plan. Abbott the california attorney general was recently asked whether or not the grant of a conservation easement on a portion of a parcel constituted a division for purposes of the subdivision map act. The land surveyors act, subdivision map act, and other. Code of practice for land development and subdivision practice. Generally, residential subdivisions and planned communities must be approved by a city or county zoning authority, depending upon the. This law, called the subdivision map act, has become.
Curtin, solano press books, 1989, 0961465794, 9780961465797. Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. We have experience with general plan changes, specific plans, rezonings, annexations, and other related permits and approvals required for the development of real property under the california subdivision map act. Auckland council code of practice for land development and subdivision section 2 earthworks and geotechnical requirement s v1. The filing and approval of a parcel map chapter 19. Before you begin the process, please take a look at the qldc land development and subdivision code of practice cop which sets out the minimum standards that must be met for works and infrastructure constructed within a new development. Practice by financial institutions of denying loans or.823 1610 817 1382 76 610 432 1612 529 1122 1089 1000 1563 1055 1509 1492 693 1214 1537 1280 1584 858 521 353 1271 824 802 301 388 1478 336 749 1265 566 125 1201 1325