Legislation to increase land division could expand housing opportunities
LANSING – A bill to make subdividing property easier is making its way through the Legislature.
Its sponsor, Sen. Kevin Hertel, D-St. Clair Shores, said he expects more affordable housing and less urban sprawl if it passed.
But some experts say they worry that more fragmentation may complicate land use planning processes, doing more harm than good.
Hertel’s bill would amend the decades-old Land Division Act, which regulates how big pieces of land, called parcels, can be split up.
The original law was intended to ensure the smaller lots can support housing, roads and infrastructure in an orderly manner.
But it can discourage real estate developers from starting projects on land that has already been split up, Hertel said.
His bill would allow the first 10 acres of a parcel to be split into 10 or fewer lots instead of the current maximum of four. It would also let localities allow even more subdividing.
Legislators have previously failed to approve similar proposals, including one from Hertel that passed the Senate but stalled in the House last year.
Looser restrictions could lead developers to build homes more quickly, particularly near existing municipal infrastructure according to a Senate Fiscal Agency analysis.
However, the bill raises questions about zoning and the strain on public services such as streets, water and sewer lines.
There’s disagreement on how to best remove barriers to housing development while maintaining orderly division of real estate.
But after over a year of work, Hertel said he believes his bill represents a sufficient compromise.
“We want to take red tape that exists today out of the cost of building a home,” Hertel said.
At a recent Committee on Local Government hearing, Hertel said the change would allow one of his constituents, Macomb County real estate agent Keith Poink, to put more houses on land he owns in suburban Chesterfield Township.
The first 10 acres of Poink’s parcels have already been divided four times, and the legislation would allow him to divide them into another six.
“We already have the maximum allowable splits,” Poink said. “This bill would allow us to take the parcels that are already existing within neighborhoods and get another lot, two lots or four lots out of them.”
One concern, however, is the impact of denser housing on proper stormwater management, said Deena Bosworth, a representative of the Michigan Association of County Drain Commissioners.
Drain commissioners can’t review individual building plans for proper drainage in the subdividing process unless local governments say otherwise, she said.
“The potential for erosion and impact on other infrastructure is real,” Bosworth said.
Brett Hollandsworth of the Michigan Society of Professional Surveyors also spoke in opposition to the bill, arguing developers could take advantage of the changes to sell off unwanted land.
“It lacks a lot of due diligence that’s typically required in any sort of land development process,” he said.
Hertel said he worked with lawmakers to ensure his new bill maintains more state oversight while giving municipalities flexibility with future developments.
The previous version would have allowed up to 20 splits of the first 10 acres.
“This bill does put a responsibility on local units of government to make sure they have zoning and ordinances in place that fit their community,” Hertel said.
Jennifer Rigterink, the Michigan Municipal League assistant director of legal and federal affairs, said the bill would help local governments block developers from creating unbuildable lots, but it would be up to them to address drainage, utility and road logistics in zoning plans.
“Every place is going to be a little different,” Rigterink said. “That’s why it’s kind of hard.”
The league, which represents more than 500 cities and villages, supports the proposed legislation, she said, but doesn’t believe it’s guaranteed to lead to more affordable housing and less urban sprawl.
“If there is some savings there, it would require that actual developer to pass it on to those homes they are building to assist affordable housing,” Rigterink said.
Supporters include Michigan Realtors and the Home Builders Association. Opponents include the Michigan Environmental Council and Michigan Association of Planning.
The bill is awaiting a vote in the Senate Local Government Committee.