Land Divisions and Cluster Development
(1)New land divisions in the SMA are not allowed, unless the creation of a new parcel will facilitate land acquisition by the federal government to achieve the policies and guidelines in the Management Plan.
(2)Unless otherwise specified, creation of a parcel, regardless of size, or any division of land shall be subject to the guidelines in Commission Rule 350-081.
(3)At the time of creation of one or more new parcels, consolidation of access shall be considered in order to reduce adverse effects on scenic, cultural, natural and recreation resources.
(4)Where authorized in 350-081-0170 (Agricultural Land Designations)–350-081-0510 (Approval Criteria for Non-Recreation Uses in GMA-Commercial Recreation Designations), a land division in the GMA may create parcels smaller than the designated minimum size and may include a bonus, as specified under 350-081-0124 (Land Divisions and Cluster Development)(6) below, in order to cluster new dwellings. Approval of cluster development shall be contingent upon submission of plans specifying dwelling sites and areas of permanent, undeveloped open land. To approve a cluster development, the local government must find that clustering new dwellings will provide a siting opportunity not available through conventional parcel-by-parcel development. These opportunities include siting the new dwellings to:
(a)Be located in areas with screening vegetation or other features that reduce visibility of development as seen from key viewing areas.
(b)Avoid significant landscape features.
(c)Protect the existing character of the landscape setting.
(d)Reduce interference with movement of deer or elk in winter range.
(e)Avoid areas of known cultural resources.
(f)Consolidate road access, septic drainfields, or other development features to reduce impacts associated with grading or ground disturbance.
(g)Reduce adverse effects to riparian areas, wetlands, natural areas, rare plants, sensitive wildlife sites, or other natural resources.
(h)Increase the likelihood of agricultural or forest management on the undeveloped land left by the cluster development.
(5)In the GMA, following cluster development, there may be no further division of any resulting parcel for residential purposes until the subject parcel is included within the boundary of an Urban Area. The local government shall ensure permanent protection for open areas created by cluster development. No parcel in a cluster development may be smaller than 1 acre in a 5-acre Residential or 10-acre Residential designation or 2 acres in a Small-Scale Agriculture or Small Woodland designation.
(6)In the GMA, cluster development may create up to 25 percent more parcels than otherwise allowed by the minimum parcel size on lands designated 5-acre Residential or 10-acre Residential and up to 50 percent more on lands designated Small-Scale Agriculture or Small Woodland. Any division in a cluster development under this guideline may create at least one additional parcel.
(7)In the GMA, at least 75 percent of land subject to a cluster development shall be permanently protected as undeveloped land.
(8)In the GMA, contiguous parcels in the same ownership or in separate ownership may be consolidated and redivided to take advantage of cluster development bonuses.
Rule 350-081-0124 — Land Divisions and Cluster Development,