WHAT IS A SUBDIVISION?
A “Subdivision” is defined in Chapter 236.02 (12) of the Wisconsin State Statutes as follows:
“A division of a lot, parcel or tract of land by the owner thereof or the owner’s agent for the purpose of sale or of building development, where:
(a) The act of division creates 5 or more parcels or building sites of 1½ acres each or less in area; or
(b) Five or more parcels or building sites of 1½ acres each or less in area are created by successive division with a period of five years.”
However, many communities in Waukesha County have adopted Land Division or Subdivision Control Ordinances that have a more restrictive definition of a “Subdivision”. If that is the case, the more restrictive definition applies.
The Waukesha County Shoreland and Floodland Subdivision Control Ordinance, which applies within the shoreland areas of the unincorporated portion of Waukesha County (i.e. within 1,000 ft. of a navigable lake, pond, or flowage; within 300 ft. of a navigable river or stream; or within the 100-year floodplain, whichever is greater), defines a “Subdivision” as follows:
“The division of a lot, parcel or tract of land by the owner thereof or the owner’s agent or subdivider for the purpose of sale or of building development:
(a) Where the act of division creates five or more parcels or building sites inclusive of the original remnant parcel of one and one-half (1½) acres each or less in area; or
(b) Where the act of division creates five or more parcels or building sites inclusive of the original remnant parcel of one and one-half (1½) acres each or less in area by successive divisions or of any part of the original property by any person within a period of five years; or
(c) Where the act of division creates six or more parcels or building sites for residential development inclusive of the original remnant parcel of any size by successive divisions or any part of the original property by any person within a period of five years.”
Note: Please contact your local municipality to learn how a “subdivision” is defined in their Land Division or Subdivision Control Ordinance.
All Subdivision Plats in Waukesha County are reviewed by the Waukesha County Department of Parks and Land Use - Planning and Zoning Division, as well as by the local municipality, any city or village with extra-territorial zoning jurisdiction, and the State of Wisconsin Department of Administration, prior to their recordation in the Register of Deed’s office.
