§ 24-107. Jurisdiction.

(a)

This Subtitle shall apply to all subdivision of land, as defined herein, within the boundaries of that part of the Regional District in Prince George's County, Maryland.

(b)

No land shall be subdivided within the Regional District in Prince George's County until:

(1)

The subdivider or his agent shall obtain approval of the preliminary plan and final plats by the Planning Board (or the Planning Director in the case of minor subdivisions as determined by the Director); and

(2)

The approved final plat is filed in the Land Records of Prince George's County.

(c)

The following shall be exempt from the requirement of filing a preliminary plan and final plat of subdivision, except for any portion of land within the Interim Land Use Control (ILUC) Area subject to Sec. 24-120.03(b) of this Subtitle and consistent with Part 18 of the Zoning Ordinance unless otherwise noted below:

(1)

Partition through action of a court of competent jurisdiction unless or until development of the land is proposed for any use other than single-family detached dwellings and uses accessory thereto;

(2)

The division of land and distribution, in kind, to the heirs upon the distribution of an estate unless or until development of the land is proposed for any use other than one-family detached dwellings and uses accessory thereto;

(3)

A conveyance of one-half (l/2) acre or more to a son or daughter or lineal descendant or antecedent of the grantor from a tract retaining five (5) or more acres, or two (2) or more acres for property zoned R-A, provided that any lot so created shall be used solely for a one-family detached dwelling and uses accessory thereto and is in compliance with the provisions of Section 24-107(d). Pursuant to this exemption, a grantee may only receive one (1) conveyance from the grantor in a ten (10) year time frame. The grantor shall submit a certified list of all previous grants to any person pursuant to this exception. This exemption may not be used to divide a property that was created pursuant to the provisions for private roads and easements contained in Section 24-128(b) of this Subtitle or used to divide a property that is subject to a Regulating Plan approved in accordance with Subtitle 27A of the County Code;

(4)

A conveyance to a public utility for transmission line purposes;

(5)

A conveyance to a governmental agency for public use;

(6)

A conveyance of property used exclusively for agricultural uses which, at the time of conveyance, is assessed as agricultural land, and the agricultural uses proposed result in a de minimus transportation impact as defined by the Guidelines for the Analysis of the Traffic Impact of Development Proposal;

(7)

Any subdivision of land by deed of a lot prior to January 1, 1982, provided:

(A)

The proposed use is for a single-family detached dwelling and uses accessory thereto.

(B)

The total development proposed for the subdivision on a property that is not subject to a Regulating Plan approved in accordance with Subtitle 27A of the County Code and does not exceed five thousand (5,000) square feet of gross floor area.

(C)

The development proposed is in addition to a development in existence prior to January 1, 1990, and does not exceed five thousand (5,000) square feet of gross floor area.

(D)

The development of more than five thousand (5,000) square feet of gross floor area, which constitutes at least ten percent (10%) of the total area of a site that is not subject to a Regulating Plan approved in accordance with Subtitle 27A of the County Code, has been constructed pursuant to a building permit issued on or before December 31, 1991.

(E)

The proposed use is for an addition to an existing school facility for which no increase in existing enrollment is proposed.

(F)

The proposed use is for an addition to an existing eleemosynary or philanthropic institution facility in the O-S Zone, consistent with an approved Special Exception.

(8)

A resubdivision to correct a drafting or engineering error for property which is not the subject of a record plat;

(9)

The sale or exchange of land between adjoining property owners to adjust common boundary lines, provided that no additional lots are created, for property which is not the subject of a record plat or a Regulating Plan approved in accordance with Subtitle 27A of the County Code;

(10)

A conveyance resulting from foreclosure proceedings or trustees' sales pursuant to a deed of trust or mortgage, deeds in lieu of foreclosure, trustees' deeds and final decrees of foreclosure. For purposes of this Subtitle, where a property is not subject to a Regulating Plan approved in accordance with Subtitle 27A of the County Code, the execution and/or recordation of a deed of trust or mortgage shall not constitute a conveyance of property.

(11)

In the Chesapeake Bay Critical Area Overlay Zone, the filing of a preliminary plan and subdivision plat shall not be required if the land was subdivided:

(A)

By any method in paragraphs 1 through 10, above, prior to October 30, 1989;

(B)

By the method in paragraph (3), provided that the land to be conveyed lies outside the Critical Area Overlay Zone;

(C)

By the method in paragraph (5), provided that the conveyance restricts use of the land to public uses in perpetuity.

(12)

A conveyance, by lease or sale, from a public agency for an arena (stadium). In this case, any portion of the property not conveyed by the public agency that is used for a recreational use shall also be exempt from the requirement of filing a preliminary plan. Additionally, any portion of the property that is subsequently conveyed and used for recreational purposes, other than a stadium, shall also be exempt. This exemption shall only apply to the requirement for a preliminary plan. A final plat approved pursuant to Subsection (d) shall be recorded in the Land Records of Prince George's County prior to designation of the land as a record lot.

(13)

A conveyance from a church of an existing parsonage for use as a single-family dwelling, and uses accessory thereto, provided both uses comply with the minimum lot area requirements set forth in Subtitle 27.

(14)

A division of land subject to an existing record plat to enable the conveyance of a lot containing an existing community building provided:

(A)

The conveyance is to a nonprofit organization using the existing building for its nonprofit purposes;

(B)

The building to be conveyed is the subject of a special exception for a community building and is located within an existing apartment community in the R-18 Zone;

(C)

The proposed conveyance includes an adaptive reuse of a historic structure;

(D)

For purposes of compliance with any requirements of the Subdivision Regulations and the Zoning Ordinance, the lot containing the apartment complex and the lot to be conveyed shall be considered as one development site in the aggregate.

(15)

For any property or portion of a property fully encumbered by a perpetual conservation easement, for purposes of agricultural preservation, a conveyance of a minimum of one (1) acre, but not more than two (2) acres in the O-S Zone to a son or daughter of the grantor or an "unrestricted lot" as described in § 2-513(b)(3) of the Maryland Annotated Code. This exemption shall not allow the division of any property that is within an environmental setting for a historic site.

(16)

In the ILUC Area subject to Sec. 24-120.03(b) of this Subtitle, the filing of a subdivision plat shall not be required if the land was subdivided by the method in paragraph (4) or paragraph (5) of this Section.

(17)

In the Sustainable Growth Tier IV the filing of a preliminary plan and final plat shall not be required, unless otherwise noted below, if the land was subdivided:

(A)

By any method provided in Subsection (c) prior to October 1, 2012.

(B)

On or after October 1, 2012 for the division of land pursuant to Subsection (c) a minor final plat pursuant to Section 24-108 shall be required for a residential or agricultural use,

(i)

The subdivision of land is limited in total to a cumulative number of residential lots permitted under a minor preliminary plan.

(ii)

Agricultural parcel(s) are in addition to the permitted number of residential lots and are restricted to agricultural uses in perpetuity.

(aa)

A preliminary plan and final plat of subdivision is required for agricultural uses which generate a greater than de minimus transportation impact as defined by the Guidelines for the Analysis of the Traffic Impact of Development Proposal.

(18)

Any building restriction line(s) shown on a plat recorded on or before November 29, 1949, is hereby null and void, but shall be subject to the setback requirements of this Code.

(d)

Any conveyance of property pursuant to the provisions of Subsection (c) shall not exempt the property from the provisions of the Zoning Ordinance, Subtitle 5B, or Section 9-206 of the Environment Article. Upon application by any party contemplating a conveyance pursuant to Subsection (c), the application shall be reviewed by the Planning Board staff for compliance with the provisions of the Zoning Ordinance, Subtitle 5B, or Section 9-206 of the Environment Article and the application may be treated as a request for a minor final plat of subdivision for which no preliminary plan is required unless otherwise required.

(CB-48-1981; CB-145-1986; CB-63-1989; CB-100-1989; CB-81-1990; CB-103-1992; CB-54-1995; CB-51-1996; CB-65-1998; CB-59-1999; CB-32-2005; CB-46-2006; CB-43-2007; CB-49-2009; CB-3-2010; CB-77-2010; CB-4-2012; CB-104-2012; CB-74-2017)

Editor's note

CR-83-2012 adopted the County's Sustainable Growth Tier Map pursuant Section 9-206 of the Environment Article of the Maryland Annotated Code. The Growth Tiers depicted therein identify where major and minor residential subdivisions may develop and the type of sewage disposal system that will serve them.