Minor Subdivisions

What is a Subdivision?

In North Carolina, a subdivision is defined as "all divisions 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 is created for the purpose of sale or building development, whether immediate or future..." (NCGS §160D-802)

The City of Sanford and Lee County further categorize divisions of land into major and minor subdivisions.

Within the City of Sanford, including the ETJ, a minor subdivision is defined as one of the following:

  • Any subdivision which contains no more than six (6) lots, including the parent or residual parcel, with frontage on an existing publicly-maintained street, and does not involve the extension of any public or private street for access to interior property; does not involve the extension of public water, sewer, or other public improvements; does not adversely affect the remainder of the parcel or adjoining property; or require an exception from any requirement of this ordinance;

  • The creation of a single lot that does not have direct public street frontage.  Such lots shall be allowed subject to the following conditions:
    • Lot contains a minimum of two (2) acres in area,
    • Lot shall be accessed via a recorded access easement of at least 30 feet in width, and
    • Lot shall be restricted to development as one single-family dwelling.
    • Creation of multiple lots (a subdivision) using this method shall be prohibited.

Within unincorporated Lee County and the Town of Broadway (including the ETJ), a minor subdivision is defined as one of the following:

  • Any subdivision which contains no more than six (6) lots, including the  parent or residual parcel, with frontage on an existing publicly-maintained street, and does not involve the extension of any public or private street for access to interior property; does not involve the extension of public water, sewer, or other public improvements; does not adversely affect the remainder of the parcel or adjoining property; or require an exception from any requirement of this ordinance;

  • Any subdivision which contains not more than three (3) lots, and does not involve the extension of any public or private street for access to interior property; does not involve the extension of public water, sewer or other improvements; or require a variance from any requirement of this ordinance, provided that:
    • No lot is less than the required minimum lot size of the respective zoning district.
    • Access to interior lots is provided by a perpetual, private access easement, which has a minimum width of 30 feet, and connects directly to an existing publicly maintained road.
    • Each lot fronts or abuts the private access easement or an existing, publicly maintained road.
    • No more than three (3) lots are created along the 30-foot easement.

Minor Subdivision Process

1) Complete a sketch plan or concept plan showing how you would like to divide your property up and contact the Department of Community Development (zoning@sanfordnc.net or 919-718-4656) to set up a virtual, over-the-phone, or in-person pre-application meeting, if needed.

2) Complete a Minor Subdivision Application and at least one of the following:

  • Concept Plan / Sketch Plan (hand-sketched is acceptable)
  • Preliminary Subdivision Plat (this must be accurate, to-scale, and completed by a licensed surveyor or civil engineer)

Please submit these documents through our Self-Service Portal for review.  

3) If your parcel(s) do not have direct access to public sewer (you may need to contact TriRiver Water to verify this), you will need to have the soils evaluated (this is called a “perc test”) to ensure they’re suitable to support a septic system. 

Soil evaluations can be completed either by:

If an LSS was used to conduct a soil evaluation, please also include a signed and sealed copy of the soil report as a part of your minor subdivision submittal.

If the parcel(s) to be subdivided are currently served by public sewer, no soil evaluation documentation is needed.

4) Once you’ve verified that the land either has access to public sewer or verified that the land will support a private septic system, you can the contact a licensed land surveyor of your choice to complete your preliminary subdivision plat.

5 If you have not done so already, a minor subdivision preliminary plat (which must be accurate, to-scale, and completed by a licensed surveyor or civil engineer) should be uploaded to the Self-Service Portal for review.  

6) Community Development staff will contact you and/or your surveyor with revision notes, if any are needed.  

  • Community Development staff will also contact you regarding the $50 minor subdivision fee that must be paid before final plats can be signed.
  • Once the preliminary plat has received approval, your surveyor can print final plats for signature.

To be signed by Community Development staff, we require the following:

  • Three (3) paper copies (no mylars)
  • Black and white ink only
  • The following signatures must already be affixed to the final plat:
    • Surveyor (with seal)
    • All current property owners
    • Licensed soil scientist (with seal) (if required)

7) Bring the final plats to Lee County GIS/Land Records for review/signature.  A Review Officer must sign the plats before they can be recorded.

8) Once the final plats are signed by all required persons, it can be taken to the Lee County Register of Deeds office for recordation.  The Register of Deeds is located at 1300 S. Horner Blvd., Sanford, NC, and can be reached at 919-718-4585.

9) You will also need to contact an attorney of your choice to create and/or updated property deeds to reference the newly recorded plat and the creation of the new lots.  Please note that subdivisions are not legally complete until the associated deed(s) are recorded with the Register of Deeds.

Important Note for Subdividing Property Inside City Limits: If your property does not have direct access to public sewer but is within close proximity to a sewer main, you may be referred to the Engineering Division of TriRiver Water to determine if a sewer main extension is required.