Frequently Asked Questions: Zoning & Land Use
Can I have a plan of my land recorded in the Registry of Deeds?
Yes, if you meet one of three conditions. The first condition is that the Engineer who prepares the plan certifies that no new lot lines are being created. By that we mean that you are just showing the perimeter of your property and not selling off any piece of it, or dividing it into separate lots. The second way is to have the plan endorsed by your local Planning Board as “Approval Not Required.” Even though the Planning Board is “approving” the plan, under state law it is technically an “endorsement.” In order to record such a plan, each lot, as shown on the plan, must have frontage on a public way, or on an approved subdivision road, and each of the lots must meet zoning requirements in your city or town, such as lot size and lot width. This type of plan would allow you to divide your property into two or more lots, as long as all of them had street frontage and met the minimum zoning requirements. The final way is to have the plan approved as a subdivision. This is a long, expensive and complicated process, whereby you take a large tract of land, such as a former farm, and covenant to build roads within it and to create lots along those new roads.
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