There are several types of land divisions that are exempt from County subdivision regulation and review. Exempt subdivisions follow a relatively simple process for recording.
What is an exempt subdivision?
Exempt subdivisions are activities that are deemed exempt either by State statute or Wake County Unified Development Ordinance.
These types of land division are exempt:
- The division of a tract or parcel of land already in single ownership whose entire area is no greater than two acres into not more than three lots, when no road right-of-way dedication is involved and the resulting lots are equal to or exceed the standards in the Unified Development Ordinance.
- The division of land into parcels greater than 10 acres apiece where no right-of-way dedication is involved.
- The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased, the resulting lots are equal to or exceed the standards in the Unified Development Ordinance, and no nonconformities are created.
- The division of land into cemetery plots.
- The public acquisition by purchase of open space parcels or strips of land for the widening of or opening of streets or the establishment or widening of greenway or rail corridors, or reserved conservation parcels.
- The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the NC General Statutes.
Note that qualification for several of the exemptions requires compliance with applicable zoning standards in the Unified Development Ordinance. We recommend checking with staff to make sure the subdivision is exempt from County subdivision regulation prior to applying.
Exempt Subdivision Process
Applicant submits an Exempt Subdivision application and applicable fee through the Permit Portal.
Exempt plat review fee is $100, payable when the application is submitted.
The exempt subdivision request is reviewed for compliance with State statue and applicable Unified Development Ordinance regulations and comments sent to applicant.
Final Mylar Review
The applicant submits the final exempt subdivision plat (i.e. mylars) with all applicable comments addressed to be reviewed and approved by staff.
The approved final exempt subdivision plat (i.e. mylars) are taken to the Register of Deeds to be recorded by the applicant.