Starting March 24, 2026, local governments in Michigan can authorize an increased number of parcels that may be platted. State lawmakers passed an amendment (commonly known as Public Act No. 58), to the Land Division Act (1967), which can fundamentally change small-scale development here in the state.
Prior to passing this amendment, landowners and developers were generally limited to 4 splits or lots per the first 10 acres of land. In turn, this created a longer and typically more expensive platting process. Under the Land Division Act, it regulates generally how many times a single property can be divided or carved into smaller lots. Platting is required for subdivisions, which are defined under the Act as land divisions resulting in parcels less than 40 acres that are not exempt under specific statutory provisions. MCL § 560.102(f).
Pursuant to Public Act 58, as of March 24, 2026, local governments have the authority to approve 10 splits per the first 10 acres of a single property. This allows municipalities to opt in by passing new ordinances. However, by next year March 24, 2027, Public Act 58 will become the default statewide standard, despite whether local governments adopted it or not. The purpose of this new law is to streamline the small-scale development process and create more buildable lots—especially as they concern Michigan’s housing.
It should be noted that amending the Land Division Act does not override local zoning regulations. Accordingly, lot sizes are still subject to zoning ordinances. While landowners may be permitted to divide their property into 10 parcels under the LDA, that does not necessarily mean those parcels are automatically buildable under local zoning regulations. Therefore, it is important to review local zoning ordinances—particularly zoning maps—to confirm minimum lot size, frontage, and utility access.
Further, under the new law, the number of parcels allowed must be calculated together with any previous divisions of the same parent parcel or parent tract. If a property has already been divided since March 31, 1997, the landowner may not be entitled to the full 10 splits. The Land Division Act defines a “parent parcel” or “parent tract” it legally existed or by its boundaries existing as of March 31, 1997. MCL § 560.102(i). Public Act 58 does not refresh a property’s divisions, nor does it redefine what constitutes a parent parcel/tract. By consequence, if a parent parcel already underwent 2 divisions, the owner would be afforded 8 more splits under the new law. Owners should conduct a diligent audit of their parent parcel’s history to verify the number of remaining divisions allowed.
Public Act 58 is a significant shift in small-scale property development which has potential to impact property values and housing in Michigan. However, successfully navigating this change requires careful coordination with state law and local zoning to avoid unbuildable parcels and/or costly litigation. Dalton & Tomich, PLC is comprised of experienced land use attorneys who can assist with your property development plans. Contact our office today to speak with one of our land use attorneys.
