20. PARCEL DIVISIONS
20.1. Deciding Body: Administrator.
20.2. Applicability: Except where exempt at Section 20.3 below, a development permit authorizing parcel division must be obtained prior to the partition of any parcel within the jurisdiction of Boundary County.
20.3. Exemptions: Provisions of this section do not apply when all new parcels created are not platted and equal or exceed 20 acres or one-thirty-second aliquot portion of a section in size, nor will these provisions or minimum parcel size requirements apply when:
20.3.1. Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.
20.3.2. Parcels are created for mineral, oil or gas leases.
20.3.3. Parcels are created for the placement of government services, public utilities or rights-of-way.
20.3.4. Parcels are divided for the sole purpose of burial or interment within an approved cemetery.
20.3.5. Parcels are established through testamentary provisions or the laws of descent, provided the parcel meets or exceeds the density of the zone in which the parcel resides
20.3.6. Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator so as to identify parcels so created.
20.3.7. Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.
20.4. Classes of Parcel Division:
20.4.1. Parcel Line Adjustment: A change in the legal description of a line dividing unplatted parcels where no additional parcels are created. It is available by permit approved by the administrator. Criteria for approval are based on how the changing parcel sizes impact the zone density minimums. Approval is indicated when the resulting parcels meet or exceed the density within that zone, and no additional parcel is created; or if on balance, the parcel line adjustment reduces the non-conformity of an existing legally created parcel of record. If a parcel line adjustment does increase non-conformity, the administrator must verify that the adjustment is not intended to create an additionalnew parcel and circumvent minimum zone density acreages.
20.4.2. Simple Parcel Division: A simple parcel division is an unplatted parcel division creating four or fewer parcels, each meeting or exceeding the density in the zone district in which it lies and each parcel having approved driveway approach from a county road or state highway. Prior to the conveyance of any parcels the applicant shall meet the Final Record of Survey Requirements (20.8.). If a simple parcel division is approved and a subsequent application is made by the same owner for further subdividing the original parcel, then platting will be required and must include any unsold parcels previously divided by simple parcel division. This provision may not be used to divide parcels created with the 20 acre exemption, or Primitive parcel division.
20.4.3. Primitive Parcel Division: A primitive parcel division is an unplatted parcel division creating two parcels, each meeting or exceeding the density in the zone district in which it lies. In addition, each parcel so created will have, at minimum, defined access and utility easements from an existing private road displayed on a record of survey. Prior to the conveyance of any parcels the applicant shall meet the Final Record of Survey Requirements (20.8.). Primitive parcel divisions must accurately disclose the level of services or lack thereof on the face of a record of survey. If a primitive parcel division is approved and a subsequent application is made for further subdividing the original parcel, then platting will be required, and must include any unsold parcels previously divided by primitive parcel division. This provision may not be used to divide parcels created with the 20 acre exemption, or Simple Parcel Division.
20.4.4. Other Parcel Divisions: Parcel divisions exceeding the limitations above may be pursued with platting as provided in Section 11. SUBDIVISIONS.
20.5. Administration: Parcel Line Adjustment:
20.5.1. Applicant: Applications for Parcel Line Adjustment will be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a site sketch sufficient to approximately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel involved in the line adjustment.
20.5.2. Administrator: Upon receipt of a completed application for Parcel Line Adjustment, the administrator will provide copies to all interested county departments, including the Assessor’s office.
20.5.3. Consideration: The administrator will consider the following when reviewing an application for a simple parcel division:
20.5.3.1. Did the application meets the requirements established herein?
20.5.3.2. If the adjusted parcel sizes reduce nonconformity to zone acreage minimums, then approval is indicated.
20.5.3.3. If an adjusted parcel size increases nonconformity to zone acreage minimums, then approval is subject to establishing that the purpose of the Parcel Line Adjustment is not to create a new parcel and circumvent zone acreage minimums.
20.5.4. Decision: After considering an application for Parcel Line Adjustment the administrator may:
20.5.4.1. Approve: Approve the application and issue a permit. When the new legal descriptions have been recorded, the administrator will issue a certificate of compliance, and inform the Assessor’s office of the parcel size changes.
20.5.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.
20.6. Administration: Simple Parcel Division:
20.6.1. Applicant: Applications for simple parcel division will be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a preliminarysite sketch sufficient to approximately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel to be divided. Applications must be signed by an authorized representative of the Boundary County Treasurer stating that property taxes are current or arrangements have been made to bring them current, and by an authorized representative of Road and Bridge or the Idaho Transportation Department approving driveway easement access to each parcel created.
20.6.2. Administrator: Upon receipt of a completed application for simple parcel division, the administrator will provide copies to all interested county departments, including the Assessor’s office.
20.6.3. Consideration: The administrator will consider the following when reviewing an application for a simple parcel division:
20.6.3.1. Did the application meet the requirements established herein? (see 20.8. Final Record of Survey Requirements)
20.6.3.2. Did the application meets the requirements of County Road and Bridge or the Idaho Transportation Department for driveway access?
20.6.3.3. Have concerns raised by affected county departments been met?
20.6.3.4. Whether the parcel was created by a previous Primitive or Simple Parcel Division, or the 20 acre exemption, to assure platting is not required.
20.6.4. Decision: After considering an application for simple parcel division the administrator may:
20.6.4.1. Approve: Approve the application, issuing a certificate of compliance.
20.6.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.
20.7. Administration: Primitive Parcel Division:
20.7.1. Applicant: Applications for primitive parcel division must be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a sketch showing access and utility easements sufficient to approximately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel to be divided. Applications must be signed by an authorized representative of the Boundary County Treasurer stating that property taxes are current or arrangements have been made to bring them current, and by an authorized representative of Road and Bridge or the Idaho Transportation Department approving driveway easement access to each parcel created.
20.7.2. Administrator: Upon receipt of a completed application for primitive parcel division, the administrator will provide copies to all interested county departments, to include the Assessor’s office, the Treasurer's office, Road and Bridge Department, and GIS addressing department.
20.7.3. Consideration: The administrator will consider the following when reviewing an application for primitive parcel division:
20.7.3.1. Did the application meet the requirements established herein? (see 20.8. Final Record of Survey Requirements)
20.7.3.2. Did the application meet the requirements of County Road and Bridge or the Idaho Transportation Department for driveway access?
20.7.3.3. Have concerns raised by affected county departments been met?
20.7.3.4. Whether the parcel was created by a previous Primitive or Simple Parcel Division, or the 20 acre exemption, to assure platting is not required.
20.7.4. Decision: After considering an application for primitive parcel division the administrator may:
20.7.4.1. Approve: Approve the application, issuing a certificate of compliance.
20.7.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.
20.8. Final Record of Survey Requirements: Following the approval of a parcel division application and prior to the conveyance of any parcels, the applicant shall cause to be drawn a record of survey which shall include the following:
20.8.1. The point of beginning of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.
20.8.2. The center lines and widths of all existing or proposed streets, roads and alleys.
20.8.3. The length and bearing of the lines of all streets, roads, alleys, rights of ways and easements.
20.8.4. A place for the signature of the Administrator certifying requirements for Final Record Of Survey have been met.
20.8.5. A place for the signature of the Boundary County Clerk of Court certifying recording of the record of survey.
20.9. Terminating an Application for Parcel Division: An approved simple or primitive parcel division shall lapse if conveyance documents with the property’s legal description have not been recorded in the Boundary County Records Department within two years of the date of approval.
20.10. Penalties for Violation:
20.10.1. Failure to File Parcel Division: Failure to apply for simple or primitive parcel division or parcel line adjustment when so required shall constitute an infraction pursuant to Section 4.1.1.8.
20.11. Repealed – 7/20/2017