Debunking Michigan’s Myth Abou...
In Plachta v Plachta, ___ Mich App ___; ___ NW3d ___ (2026) (Docket No. 374260), the Michigan Court of Appeals confirmed what should have be...
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Yes. On December 23, 2025, Governor Whitmer signed Public Act 58 of 2025, amending Section 108 of the Michigan Land Division Act (MCL 560.108). The amendment makes two consequential changes: it raises the maximum number of parcels that may be created from the first 10 acres of a parent parcel from 4 to 10, and it grants municipalities and counties new authority to allow even greater numbers of divisions by local ordinance. These changes operate on a two-stage timeline:
The parent parcel concept established by the Act remains fully intact—no new parent parcels may be created, and owners do not receive a fresh round of splits simply because the state limit has increased. The existing formulas for parcels larger than 10 acres are unchanged. All resulting parcels must continue to satisfy the Section 109 approval criteria, including legal description accuracy, accessibility, utility easements, minimum size requirements, and payment of fees.
The most immediate action is to review and update your local land division ordinance before March 24, 2027. Any local ordinance that references the current 4-parcel limit will need to be amended to reflect the new state-law maximum of 10, unless the ordinance already defers to state law (e.g., “as permitted under Section 108 of the Land Division Act”). Municipalities should also assess whether existing minimum lot width and lot area requirements under local zoning are compatible with 10-parcel splits because each resulting parcel must still comply with applicable zoning standards. In practice, those dimensional requirements will function as the primary check on how many splits can actually occur.
Municipalities should also decide whether to exercise the authority to opt-in for more divisions by adopting a local ordinance under Section 108(6) of the Land Division Act, as early as March 24, 2026. This provision allows a municipality to adopt an ordinance permitting more divisions than the current state-law maximum, including up to 10 parcels immediately or more than 10 if local conditions support it. This decision should take into account your community’s housing and development goals, zoning standards, and the capacity of local infrastructure such as roads, utilities, and stormwater systems.
Please contact your FSBR attorney with questions.
In Plachta v Plachta, ___ Mich App ___; ___ NW3d ___ (2026) (Docket No. 374260), the Michigan Court of Appeals confirmed what should have be...
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