Subdivision Frequently Asked Questions

In February of 1988, the Henderson County Board of Commissioners adopted an ordinance to regulate the division of land in all areas of Henderson County except municipal jurisdictions.

On September 19, 2007, the Henderson County Board of Commissioners adopted Chapter 42, Land Development Code, which, by its adoption, repealed former Chapter 170, Subdivision Ordinance. The LDC contains the standards, regulations and procedures necessary to provide for subdivision of land in Henderson County. The purpose of the subdivision regulations is to promote, through proper planning, health safety and general welfare by providing for the orderly subdivision of land.

Property owners who subdivide land, regardless of the number of lots created, must adhere to the subdivision regulations of the LDC.

Subdivision categories include: minor, special, major, conservation, and nonstandard.

Any commercial or industrial subdivision must follow the major subdivision process.

Yes, under State law, there are five (5) exemptions as follows: (1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations. (2) The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved. (3) The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors. (4) The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations. (5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.

The Subdivision Administrator or a registered land surveyor must review and certify a plat as exempt before the Register of Deeds can record it. Zoning and Water Supply Watershed laws apply to exempt subdivisions.

This is what is referred to as a property Recombination and can be handled in two (2) ways: (1) deed description (legal process); or (2) a deed referring to a recorded plat which conveys the portion to the purchaser and combines with the adjacent property. Right-of-way need not be dedicated under this procedure.

All lots must abut private or public rights-of way. All lots need a minimum of 30 feet of road frontage.

North Carolina Department of Transportation Division of Highways Design Standards require a 45 foot wide right-of-way for local residential roads without curb and gutter and a 50 foot wide right-of-way for collector roads. Henderson County has adopted these standards for both public and private roads.

The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius. A 30 foot private driveway easement is allowed for drives serving no more than 5 lots.

In some cases you may, however, it is suggested that you first discuss your development plans with the Subdivision Administrator.

The private road standards for any nonresidential subdivision (with any number of lots) or residential subdivision (of six (6) or more lots) are contained in Article III (Subdivision Regulations, particularly the Subdivision Private Road Standards Table. The private road standards for any residential subdivision of five (5) or fewer lots are contained in Article III (Subdivision Regulations).

To be accepted it must be designed and built to NCDOT specifications and inspected during construction. Contact NCDOT for more information.

Names must be approved by the Henderson County Property Addressing Department, which can be reached at (828) 697-4819.