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Septics Law Implementation

Subdivision Ordinance Change

AlleganyAnne ArundelBaltimore CityBaltimore CountyCalvertCarolineCarrollCecilCharlesDorchesterFrederickGarrettHarfordHowardKentMontgomeryPrince George'sQueen Anne'sSomersetSt. Mary'sTalbotWashingtonWicomicoWorcester

This is the jurisdiction’s modified subdivision ordinance only in instances where the definition of a minor subdivision has been changed to 7 lots for the purposes of SB236 implementation. Those jurisdictions that have elected not to raise the minor subdivision will have a value that reads “No”.


Allegany County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “(1) All parcels in any zoning district which were recorded previous to March 3, 1972, may be subdivided into 7 lots or less, including the remainder or original parcel…however, no more than 5 lots may be created from any parcel on any right-of-way beyond County or State road maintenance. (2) In a case in which a developer wishes to create lots which cross the boundaries of adjoining parcels existing prior to March 3, 1972, the Planning Commission may grant approval to allow more than 7 lots or portions of lots in any existing parcel, provided that the total number of lots created does not exceed 7 lots per existing parcel.”

Major Subdivision: 8 lots or more

Source of Definitions: Code Home Rule Bill No. 8-12, “Minor Subdivisions”; adopted 11/8/12

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Anne Arundel County

Subdivision Definition Change: No

Minor Subdivision: 5 lots or fewer

Major Subdivision: 6 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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Baltimore City

Subdivision Definition Change: No

Minor Subdivision: 3 lots or fewer: “The reestablishment of a previously existing lot line(s) for adjoining lots that have been consolidated. The parent lot must not include more than 3 total lots for the purpose of transfer of ownership of all or a portion thereof, where the resulting lots and/or structures front on an existing public or private street and conform to all applicable zoning regulations.”

Major Subdivision: 4 lots or more: “Any subdivision of a parent lot into 4 or more total lots for the purpose of transfer of ownership of all or a portion thereof.”

Source of Definitions: Existing definitions; no change made before 12/31/12; 11/13/12 tier map adoption letter to MDP identified definitions applicable to SB236

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Baltimore County

Subdivision Definition Change: No

Minor Subdivision: 3 lots or fewer

Major Subdivision: 4 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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Calvert County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “(1) When the total number of residential lots or other divisions of land subject to Article 7 are derived from a parcel of record as of October 1, 2012 is less than seven. (2) Any division of land for development purposes that does not require the creation of any new right-of-way, other than a private lane; except that residential minor subdivisions creating a public right of way will be considered a minor subdivision with Planning Commission approval.”

Major Subdivision: 8 lots or more: “When the total number of new residential lots or other divisions of land subject to Article 7 are derived from a parcel of record as of October 1, 2012 is eight or more. (2) Any division of non-residential land for development purposes and/or the creation of any new public rights-ofway; except that residential minor subdivisions creating a public right of way will be considered a minor subdivision with Planning Commission approval.”

Source of Definitions: Ordinance 64-12; adopted 12/4/12

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Caroline County

Subdivision Definition Change: No

Minor Subdivision: 4 lots or fewer

Major Subdivision: 5 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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Carroll County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “A septic minor subdivision will be defined as up to 7 new lots for purposes of the applicability of Health Department approval of on-site disposal systems.”

Major Subdivision: 8 lots or more

Source of Definitions: Ordinance No. 2012-10; adopted 12/20/12

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Cecil County

Subdivision Definition Change: No

Minor Subdivision: 4 lots or fewer

Major Subdivision: 5 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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Charles County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “a minor subdivision is a subdivision of land which does not involve any of the following:
i. The creation of more than a total of five (5) lots, from a parcel that was in existence on June 15, 1976, or seven (7) lots from a parcel, residue or remainder in existence on December 31, 2012; provided that any lot resulting from a recorded deed or subdivision plat prior to December 31, 2012, cannot be considered a ‘parcel’ for purposes of this section.
ii. The creation of any new public streets proposed as part of a private development.
iii. The extension of a public water or sewer system proposed as part of a private development.
iv. The installation of off-site drainage improvements through one or more lots to serve one or more other lots proposed as part of a private development.”

Major Subdivision: 8 lots or more

Source of Definitions: Bill No. 2012--12; adopted 12/28/12

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Dorchester County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “The division of a single lot, tract or parcel of land existing as of April 1, 1995 into seven (7) or fewer lots, tracts or parcels of land, either all at one time or lot by lot.”

Major Subdivision: 8 lots or more: “All subdivisions not classified as minor subdivisions including, but not limited to, the division of a single lot, tract or parcel into eight (8) or more lots.”

Source of Definitions: Bill No. 2012-6; adopted 11/21/12

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Frederick County

Subdivision Definition Change: No

Minor Subdivision: 5 lots or fewer

Major Subdivision: 6 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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Garrett County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “For purposes of implementation of Section 9-206(A)(6) of the Environment Article as amended by the Sustainable Growth and Agricultural Preservation Act of 2012 only, a subdivision which results in a maximum of 7 new residential lots of any permitted size in addition to the one pre-existing parent lot.

Major Subdivision: 8 lots or more

Source of Definitions: Resolution 2012-14; adopted 8/7/12

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Harford County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer

Major Subdivision: 8 lots or more: “Major subdivision is defined as a residential subdivision of a parcel as it existed on December 31, 2012, that is greater than 7 lots for the purpose of the Maryland Sustainable Growth and Agricultural Preservation Act of 2012”

Source of Definitions: Bill 12-50; adopted 12/18/12

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Howard County

Subdivision Definition Change: No

Minor Subdivision: 4 lots or fewer

Major Subdivision: 5 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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Kent County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “Any subdivision containing seven [or] fewer lots, parcels, sites, or other divisions of land”

Major Subdivision: 8 lots or more: “Any subdivision containing eight or more lots, parcels, sites, or other divisions of land”

Source of Definitions: Code Home Rule Bill No. 3-2012; October 16, 2012

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Montgomery County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “In this subsection [Sec. 50-35(e)]…a subdivision that would create 7 or fewer residential building lots”

Major Subdivision: 8 lots or more: “In this subsection [Sec. 50-35(e)]…a subdivision that would create 8 or more residential building lots”

Source of Definitions: Ordinance No. 17- 20; adopted 9/18/12

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Prince George’s County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “On or after October 1, 2012 in Sustainable Growth Tier IV seven (7) or fewer lots in a one-family residential zone, which may also propose remainder parcel(s) restricted to agricultural uses”

Major Subdivision: 8 lots or more

Source of Definitions: CB-104-2012; adopted 11/20/12

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Queen Anne’s County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “The subdivision of land into no more than seven lots, including the creation of any required easement or rights-of-way”

Major Subdivision: 8 lots or more

Source of Definitions: County Ordinance 12-14; adopted 10/9/12

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Somerset County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “division of [a] single lot, tract or parcel of land into seven or fewer additional lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, provided the lots, tracts or parcels of land thereby created have frontage on an improved community street or streets or on an approved private road or street and providing further that there is not created by the subdivision any new street or streets.”

Major Subdivision: 8 lots or more

Source of Definitions: Ordinance #396 as amended and revised; adopted 11/20/12

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St. Mary’s County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “The division of a parcel of record or lot which creates one (1) to seven (7) lots”

Major Subdivision: 8 lots or more: “Any subdivision containing eight (8) or more lots”

Source of Definitions: Ordinance No. 2012-71; adopted 12/4/12

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Talbot County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer (new subdivision type created “Small Scale Subdivision): “Subdivisions, Small Scale – this term includes all of the following types of subdivisions located in Tier II which are not served by public sewerage and in Tier IV: A. A subdivision of four or more new parcels or lots, but no more than seven new parcels or lots. B. Subdivision(s) that result(s) in the cumulative creation of four or more lots, but not more than a total of seven new parcels or lots from the original parcel.”;

Major Subdivision: 8 lots or more (see Small Scale Subdivision definition)

Source of Definitions: Bill 1227 as amended; adopted 12/11/12

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Washington County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “Division of a lot, tract, or parcel into seven (7) or less for the immediate or future transfer of property ownership.”

Major Subdivision: 8 lots or more: “Division of a lot, tract, or parcel into eight (8) or more lots for the immediate or future transfer of property ownership.”

Source of Definitions: Ordinance No. ORD-2012-41; adopted 12/18/12

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Wicomico County

Subdivision Definition Change: Yes

Minor Subdivision: 7 lots or fewer: “any subdivision that may contain up to seven or fewer lots, plats, sites or other division of land to be served by individual on-site sewerage disposal systems. Minor subdivisions other than those excluded in Section 200-3A shall be subject to all set aside requirements.”

Major Subdivision: 8 lots or more

Source of Definitions: Bill 2012-10; adopted 10/16/12

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Worcester County

Subdivision Definition Change: No

Minor Subdivision: 5 lots or fewer

Major Subdivision: 6 lots or more

Source of Definitions: Existing definitions; no change made before 12/31/12

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