Michigan Land Division Act Amended to Allow a Greater Number of Divisions
On December 23, 2025, Governor Whitmer signed Senate Bill 23 of 2025 into law, which adopts amendments to the Michigan Land Division Act (the “LDA”). The amendments to the LDA are reflected in Public Act 58 of 2025 (“Act 58”). Previously, we discussed proposed changes to the LDA under House Bill 4081 and the potential impact on local governments in our September newsletter. Act 58, as adopted, appears to be virtually identical to House Bill 4081. This article discusses the changes to the LDA under Act 58 and when those changes take effect.
The number of divisions (also commonly referred to as “splits”) that are allowed for a single “parent parcel” (a parcel that was lawfully in existence as of March 31, 1997) are limited by Section 108 of the LDA. Section 108 provides the formula to determine how many resulting parcels may be created out of the parent parcel, which depends on the size of the parent parcel and other factors. Act 58 will increase the maximum number of resulting parcels that may be created for the first 10 acres of the parent parcel. Currently, the maximum number of resulting parcels for the first 10 acres of a parent parcel is 4 parcels. Under Act 58, the number of resulting parcels for the first 10 acres of a parent parcel will be increased to 10 parcels. The increase will not take effect until one year after the effective date of Act 58, on December 23, 2026.
Act 58 also created a new Section 108(6) of the LDA, which takes effect immediately, on December 23, 2025. Section 108(6) allows local governments that are authorized to approve or disapprove property divisions under the LDA to adopt an ordinance to allow a greater number of divisions than are otherwise allowed under Section 108 of the LDA. For example, a local government could adopt an ordinance to allow 10 resulting parcels for the first 10 acres of a parent parcel now, instead of waiting for the increase in Section 108 of the LDA to take effect next December. A local government could also increase the number of divisions allowed after the first 10 acres of a parent parcel.
We can help your local government to prepare and adopt the necessary amendments to its local land division ordinance, to reflect the new formula that is required under Section 108 of the LDA, before December 23, 2026. We can also provide guidance if your local government is considering adopting an ordinance to allow a greater number of divisions for parcels than is allowed under Section 108 of the LDA. The increased amount of divisions that makes sense may depend on the minimum lot width and minimum lot area requirements of the applicable zoning ordinance, as each resulting parcel must still comply with those requirements under Section 109 of the LDA. Changes to other ordinances may also be necessary to lessen potential impacts on public facilities, such as public water or sewer supply systems, or to address the increased risk of stormwater drainage issues.
If you have any questions about Act 58 or would like assistance with preparing land division ordinance amendments, please contact a lawyer in our Local Government Practice Group.
