County Regulation Update Clears Way for More Potential Development
The Fayette County Commissioners Court approved an update to its subdivision regulations to allow divisions of property less than two acres in some cases.
The new rule applies only to tracts located in the old platted communities in unincorporated areas that have access to a public water utility.
“The old towns like Winchester, Ledbetter and Muldoon – they have little lots, and people are wanting to now cut up those lots separately,” said County Inspector Amber Hielscher at the Commissioners Court meeting last Thursday, June 25.
Railroad companies platted many of these towns in the 1800s. For one reason or another, they never incorporated into cities. Accordingly, the county government retains regulatory authority over property divisions.
Prior to this change, the County generally prohibited divisions of property smaller than two acres. The County first established subdivision regulations in 2001. The twoacre minimum rule was intended to provide ample space for residential septic systems and water wells. However, State regulations are less restrictive. They require only a half acre minimum for septic systems.
The issue came up a few weeks ago after a property owner divided and sold a small lot in Winchester without first seeking a variance from the County. The property owner assumed they could sell the lot without a variance since it had been platted as a separate parcel of property many years before the subdivision regulations came into effect. The new owner began property improvements. The Commissioners Court ultimately approved the division after it was brought to their attention. At that time, the Court asked the County Permitting Office to update the regulations to allow these types of smaller divisions.
The update that Commissioners approved last Thursday state that lots in platted, unincorporated towns may be divided no less than a half acre, excluding undeveloped alleys, if public water is available. They must still conform to the existing minimum depth and width of 170 feet. If no public water is available, the minimum lot size is two acres.
The update approved last Thursday also included a minor revision to the rule regarding family divisions of property. In most cases, each new tract of property created in Fayette County must have exclusive access to a public road. Commissioners implemented this rule several years ago to prevent the proliferation of private roads shared between multiple landowners. Disputes have arisen over who is responsible for maintaining private roads. Poorly maintained private roads can hamper emergency responders like EMS and fire departments.
However, the regulations allowed shared access for family divisions of property. The new revision clarifies that any subsequent property divisions by the family members must have their own exclusive path to a public road.