Subdivision Review

What is a subdivision? 

• Subdivisions are any division of land, regardless of the number of lots created. The state of North Carolina offers a few exceptions to the subdivision ordinance, which can be found here.

What is the subdivision process? 

• The first step in subdividing your property is to hire a licensed/certified land surveyor to survey it, place new lot lines, and certify the plat.
• The surveyor must contact the Planning Department (Austin Parks, and Carlos Martinez) to submit their preliminary plat for review. Failure to contact all three planners may result in a processing delay.
  • A Subdivision Application and Certificate of Understanding, completed by the property owner and/or applicant, must also be submitted with the plat. A $50 review fee is  due prior to approval. 
  • The review period for subdivisions (special and minor) is 72 hours. If necessary, the surveyor will receive comments on the plat for approval. Each time a new draft plat is submitted, the administrator will have 72 hours to review.
  • Once all materials are received and the plat meets all requirements, a plat review officer and subdivision administrator can sign off on the plat. 
    • Signed plats should be brought or sent to the Register of Deeds Office for recordation. Plats that are not recorded are not legally binding.
• Subdivision materials and questions can be directed to Austin Parks, and Carlos Martinez. 
  • For in-person signing, you must schedule a time with either Liz, Carlos, or Austin via email or by calling the Planning Department at 828.697.4819

Please visit the additional pages on the website to find the type of subdivision that applies to your project.

Additional Details for Surveyors:

1. Email a draft PDF, Subdivision Application, and Certificate of Understanding to Carlos Martinez, and Austin Parks *
2. Your review will be processed in 72 hours. If necessary, the surveyor will receive comments on the plat for approval. Each time a new draft plat is submitted, the administrator will have 72 hours to review. Once the review is preliminarily approved, staff will notify you and invoice you for payment. 
   1. Submit payment via mailed check or credit card 
      1. Pay through the Citizen Portal (an account is required; instructions can be found here)
      2. Staff will email the receipt of the payment
3. Final approval/signatures will only be done once payment is received 
4. For in-person signing, you will need to schedule a time for mylar signing with Carlos Martinez, and Austin Parks. Failure to set up a time for the final signing may delay approval.
5. Email the plat via DocVerify or DocuSign for final approval 
6. Signed E-record plats can be sent to the Register of Deeds (via EPN, CSC, or Simplifile)** 

*The SmartGov permitting system does not currently accept subdivision applications. 

**Please note that you may only employ this option if you are authorized by the Register of Deeds via a Submitter's Agreement**

What is exempt from subdivision review? 

Surveys that are exempt from subdivision review are those that do not propose any creation of a new lot or are highlighted within §160D-802 of the North Carolina General Statutes: 

• Recombination of land;

• The division of land into parcels greater than ten (10) acres if no new right-of-way is created; 

• The public purchase of land for street right-of-way;

• The division of a parcel, two (2) acres or less in size, into two (2) or three (3) lots if each lot is on an existing right-of-way; and 

• The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession  

Subdivision Regulation 

 Anyone who subdivides land or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved, is guilty of a Class 1 Misdemeanor under §160D-807. Subdividing without a plat can result in penalties under §160D-807.

Mylar Option

1. Email a draft PDF or bring a paper copy of the plat with the following materials:
   1. Completed Subdivision Application
   2. Certificate of Understanding
2. Once the review is preliminarily approved (usually within 72 hours), staff will notify you and invoice you for payment 
3. Drop off at 100 N. King St. Second Floor
   1. A paper copy of the plat
   2. Check for the $50 review fee 
      1. Addressed to Henderson County for the amount invoiced
   3. Call or email the Planning Department to notify staff that you have left a plat​
4. Staff will email the receipt of payment if you did not receive one from the front desk staff 
   1. If there are no other issues, the planner will sign the plat and notify you of final approval
   2. You will need to pick up the signed mylar and take it to the Register of Deeds