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How Many Splits Do I Have?

How Many Splits Do I Have?

If you own land in Michigan and have ever thought, Could I split this for family, sale, or future development? there is a meaningful change to the Michigan Land Division Act that matters to you.

And there is one very important timing detail to understand right away.

Yes, Public Act 58 takes effect March 24, 2026 - but the part many people are most excited about, increasing the standard split count for the first 10 acres from 4 parcels to 10 parcels, does not kick in statewide until one year later on March 24, 2027 under the statute’s phased language. The March 24, 2026 effective date immediately activates a new provision that lets local governments allow more splits sooner by individual municipality ordinance.

The big picture in plain English

Think of the Michigan Land Division Act as the rulebook that says how many pieces a parcel can be split into without going through full platting, which is a much more involved subdivision process.

This amendment updates Section 108 and gives landowners more flexibility, especially in areas where housing demand is strong and larger parcels are common. The law still keeps guardrails in place, but it opens more options.

What changes on March 24, 2026?

1) Local governments can allow more splits than the state default

Starting on the effective date, a parcel may be split into a greater number of parcels than normally allowed if the municipality or county has an ordinance that authorizes it and the split complies with that ordinance. This is the biggest immediate change.

Why that benefits landowners

For landowners, this creates a new path. Instead of being locked into only the state’s default split formula, you may be able to do more if your local township or county has adopted rules allowing it.

In practical terms, that can mean:

  • More flexibility to create buildable lots

  • More options for family transfers or estate planning

  • More ways to unlock equity from excess land

  • Better alignment with local housing needs and development patterns

In places across Northwest Lower Michigan where parcel sizes vary and demand is often hyper-local, that flexibility can be significant.

What does not change until March 24, 2027?

2) The standard state rule for the first 10 acres increases from 4 parcels to 10 parcels (later)

The amended statute says that for the first 10 acres (or fraction), the allowable number is:

  • 4 parcels from the effective date until 1 year after that date

  • 10 parcels beginning 1 year after the effective date

So if someone says, “you can now split the first 10 acres into 10 lots on March 24, 2026,” that is not automatically true statewide. It may be possible only if a local ordinance adopted under the new law allows it.

A layman’s guide to the core split rules

Even with the new law, the structure of the Act still matters.

The default split formula (state baseline)

Under Section 108, allowable splits are calculated from the parent parcel or tract and previous divisions. In simplified terms:

  • For the first 10 acres: currently 4 parcels (until the later 2027 phase-in for 10 parcels)

  • For each additional whole 10 acres beyond the first 10: 1 more parcel (up to a cap of 11 additional parcels)

  • For each whole 40 acres beyond the first 120 acres: 1 more parcel

Two possible bonus parcels for 20+ acre parent parcels

If the parent parcel or tract is at least 20 acres, the law may allow 2 additional parcels if certain conditions are met, such as:

  • New roads are created so no new driveway access to an existing public road is needed

  • One resulting parcel is at least 60 percent of the original parcel area

40+ acre parcels can be treated differently

A parcel of 40 acres or more created by division may not count toward the parcel limit (if accessible), which can be a major planning advantage in some rural situations.

Why this matters in Northwest Lower Michigan specifically

In Northwest Lower Michigan - think townships and rural or semi-rural areas in counties like Grand Traverse, Leelanau, Benzie, Antrim, Kalkaska, and surrounding areas - landowners often hold larger tracts with mixed goals:

  • Keeping some land

  • Selling off a portion

  • Creating a homesite for family

  • Preserving a larger remainder

  • Planning long-term investment use

This law is helpful because it gives more design flexibility, especially where local governments want to support housing supply or allow more sensible lot layouts. In other words, it can create more opportunities without forcing every landowner into a full subdivision process.

The most important caution for landowners: state law is only part of the story

This is the part I will ALWAYS emphasize to every seller, buyer, and landowner.

Your township (or local municipality) may have additional zoning rules that change what is actually possible

Even if the Land Division Act says a certain number of splits may be allowed, local zoning and land use regulations can still affect the real-world outcome, including:

  • Minimum lot size

  • Frontage requirements

  • Road access standards

  • Private road requirements

  • Sewer or septic limitations

  • Wetlands or floodplain constraints

  • Setbacks and use restrictions

  • Overlay district rules

And now, because of the new provision, local ordinances may also expand split opportunities beyond the default state formula in some cases.

What that means in practice

There is no one-size-fits-all answer for “how many splits can I get?”

Two parcels that look similar on paper can produce very different outcomes depending on the township, road access, zoning district, utilities, and site conditions.

That is exactly why we need to work together with the township (and often the county, surveyor, and land division planner) to determine what rules apply to each individual parcel.

A practical next step for landowners

Before marketing land or making assumptions about value, a good process usually includes:

  1. Confirming the parent parcel or parent tract history

  2. Reviewing township zoning and any local land division ordinances

  3. Checking frontage and access requirements

  4. Evaluating health department or septic feasibility (if applicable)

  5. Reviewing survey and legal description needs

  6. Getting written clarification from the approving authority when possible

That upfront work can save a lot of time, confusion, and renegotiation later.

Amanda’s Take

This update to Michigan’s Land Division Act is a positive step for landowners because it creates more flexibility and gives local communities a tool to allow additional parcel splits sooner. That said, the real benefit will always depend on local ordinances and the specific facts of each parcel.

For landowners in Greater Grand Traverse Area, this is not really a blanket yes. It is a better opportunity to explore your options thoughtfully and strategically. The law may open more doors, but your township rules will determine which doors actually open for your property.

That is why this process works best when we approach it together, with early conversations, local zoning review, and township guidance before making decisions about value, marketing, or future plans.

Land Division Act of 2025

 
 

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