Land Division Act
Land Division Act
AN ACT to regulate the division of land; to promote the public health, safety, and
general welfare; to further the orderly layout and use of land; to require that the land
be suitable for building sites and public improvements and that there be adequate
drainage of the land; to provide for proper ingress and egress to lots and parcels; to
promote proper surveying and monumenting of land subdivided and conveyed by
accurate legal descriptions; to provide for the approvals to be obtained prior to the
recording and filing of plats and other land divisions; to provide for the establishment of
special assessment districts and for the imposition of special assessments to defray the
cost of the operation and maintenance of retention basins for land within a final plat; to
establish the procedure for vacating, correcting, and revising plats; to control
residential building development within floodplain areas; to provide for reserving
easements for utilities in vacated streets and alleys; to provide for the filing of
amended plats; to provide for the making of assessors plats; to provide penalties for
the violation of the provisions of this act; to repeal certain parts of this act on specific
dates; and to repeal acts and parts of acts.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1982, Act 529, Eff. Mar. 30,
1983 ;-- Am. 1991, Act 59, Imd. Eff. June 27, 1991 ;-- Am. 1996, Act 591, Eff.
Mar. 31, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1996, Act 591, Eff. Mar. 31,
1997
Compiler's Notes: For transfer of powers and duties of the State Treasurer
relative to subdivision control to the Department of Commerce, see E.R.O. No.
1980-1, compiled at § 16.732 of the Michigan Compiled Laws.
Popular Name: Plat Act
Popular Name: Subdivision Control
560.102 Definitions.
Sec. 102.
As used in this act:
(a) “Plat” means a map or chart of a subdivision of land.
(b) “Land” means all land areas occupied by real property.
(c) “Preliminary plat” means a map showing the salient features of a proposed
subdivision submitted to an approving authority for purposes of preliminary
consideration.
(d) “Division” means the partitioning or splitting of a parcel or tract of land by the
proprietor thereof or by his or her heirs, executors, administrators, legal
representatives, successors, or assigns for the purpose of sale, or lease of more
than 1 year, or of building development that results in 1 or more parcels of less
than 40 acres or the equivalent, and that satisfies the requirements of sections 108
and 109. Division does not include a property transfer between 2 or more adjacent
parcels, if the property taken from 1 parcel is added to an adjacent parcel; and any
resulting parcel shall not be considered a building site unless the parcel conforms
to the requirements of this act or the requirements of an applicable local ordinance.
(e) “Exempt split” means the partitioning or splitting of a parcel or tract of land by
the proprietor thereof or by his or her heirs, executors, administrators, legal
representatives, successors, or assigns that does not result in 1 or more parcels of
less than 40 acres or the equivalent. For a property transfer between 2 or more
adjacent parcels, if the property taken from 1 parcel is added to an adjacent
parcel, any resulting parcel shall not be considered a building site unless the parcel
conforms to the requirements of this act or the requirements of an applicable local
ordinance.
(f) “Subdivide” or “subdivision” means the partitioning or splitting of a parcel or
tract of land by the proprietor thereof or by his or her heirs, executors,
administrators, legal representatives, successors, or assigns for the purpose of
sale, or lease of more than 1 year, or of building development that results in 1 or
more parcels of less than 40 acres or the equivalent, and that is not exempted
from the platting requirements of this act by sections 108 and 109. “Subdivide” or
“subdivision” does not include a property transfer between 2 or more adjacent
parcels, if the property taken from 1 parcel is added to an adjacent parcel; and any
resulting parcel shall not be considered a building site unless the parcel conforms
to the requirements of this act or the requirements of an applicable local ordinance.
(g) “Parcel” means a continuous area or acreage of land which can be described as
provided for in this act.
(h) “Tract” means 2 or more parcels that share a common property line and are
under the same ownership.
(i) “Parent parcel” or “parent tract” means a parcel or tract, respectively, lawfully
in existence on the effective date of the amendatory act that added this
subdivision.
(j) “Accessible”, in reference to a parcel, means that the parcel meets 1 or both of
the following requirements:
(i) Has an area where a driveway provides vehicular access to an existing road or
street and meets all applicable location standards of the state transportation
department or county road commission under Act No. 200 of the Public Acts of
1969, being sections 247.321 to 247.329 of the Michigan Compiled Laws, and of
the city or village, or has an area where a driveway can provide vehicular access to
an existing road or street and meet all such applicable location standards.
(ii) Is served by an existing easement that provides vehicular access to an existing
road or street and that meets all applicable location standards of the state
transportation department or county road commission under Act No. 200 of the
Public Acts of 1969 and of the city or village, or can be served by a proposed
easement that will provide vehicular access to an existing road or street and that
will meet all such applicable location standards.
(k) “Development site” means any parcel or lot on which exists or which is
intended for building development other than the following:
(i) Agricultural use involving the production of plants and animals useful to
humans, including forages and sod crops; grains, feed crops, and field crops; dairy
and dairy products; poultry and poultry products; livestock, including breeding and
grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds;
grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses
and activities.
(ii) Forestry use involving the planting, management, or harvesting of timber.
(l) “Forty acres or the equivalent” means 40 acres, a quarter-quarter section
containing not less than 30 acres, or a government lot containing not less than 30
acres.
(m) “Lot” means a measured portion of a parcel or tract of land, which is described
and fixed in a recorded plat.
(n) “Outlot”, when included within the boundary of a recorded plat, means a lot set
aside for purposes other than a development site, park, or other land dedicated to
public use or reserved to private use.
(o) “Proprietor” means a natural person, firm, association, partnership,
corporation, or combination of any of them that holds an ownership interest in land
whether recorded or not.
(p) “Governing body” means the legislative body of a city or village or the township
board of a township.
(q) “Municipality” means a township, city, or village.
(r) “County plat board” means the register of deeds, who shall act as chairperson,
the county clerk, who shall act as secretary, and the county treasurer. If the offices
of county clerk and register of deeds have been combined, the chairperson of the
board of supervisors shall be a member of the plat board and shall act as
chairperson. In a county where a board of auditors is authorized by law such board
may elect to serve on the county plat board by adopting a resolution so ordering. A
copy of the recorded resolution shall be sent to the state treasurer.
(s) “Public utility” means all persons, firms, corporations, copartnerships, or
municipal or other public authority providing gas, electricity, water, steam,
telephone, sewer, or other services of a similar nature.
(t) “Caption” means the name by which the plat is legally and commonly known.
(u) “Replat” means the process of changing, or the map or plat which changes, the
boundaries of a recorded subdivision plat or part thereof. The legal dividing of an
outlot within a recorded subdivision plat without changing the exterior boundaries
of the outlot is not a replat.
(v) “Surveyor” means a professional surveyor licensed under article 20 of the
occupational code, Act No. 299 of the Public Acts of 1980, being sections 339.2001
to 339.2014 of the Michigan Compiled Laws.
(w) “Engineer” means a civil engineer who is a professional engineer licensed
under article 20 of the occupational code, Act No. 299 of the Public Acts of 1980,
being sections 339.2001 to 339.2014 of the Michigan Compiled Laws.
(x) “Government survey” means the land surveyed, subdivided and monumented
by the United States public land survey.
(y) “Michigan coordinate system” means the system defined in Act No. 9 of the
Public Acts of 1964, being sections 54.231 to 54.239 of the Michigan Compiled
Laws.
(z) “Alley” means a public or private right of way shown on a plat which provides
secondary access to a lot, block, or parcel of land.
(aa) “Health department” means the department of environmental quality, a city
health department, a county health department, or a district health department,
whichever has jurisdiction.
(bb) “Public sewer” means a sewerage system as defined in section 4101 of part 41
(sewerage systems) of the natural resources and environmental protection act, Act
No. 451 of the Public Acts of 1994, being section 324.4101 of the Michigan
Compiled Laws.
(cc) “Public water” means a system of pipes and structures through which water is
obtained and distributed to the public, including wells and well structures, intakes,
and cribs, pumping stations, treatment plants, reservoirs, storage tanks and
appurtenances, collectively or severally, actually used or intended for use for the
purpose of furnishing water to the public for household or drinking purposes.
(dd) “Topographical map” means a map showing existing physical characteristics,
with contour lines at sufficient intervals to permit determination of proposed grades
and drainage.
(ee) “Flood plain” means that area of land adjoining the channel of a river, stream,
water course, lake, or other similar body of water which will be inundated by a
flood which can reasonably be expected for that region.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1990, Act 156, Imd. Eff. June
28, 1990 ;-- Am. 1996, Act 78, Imd. Eff. Feb. 27, 1996 ;-- Am. 1996, Act 591, Eff.
Mar. 31, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1996, Act 591, Eff. Mar. 31,
1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1996, Act 591, Eff. Mar. 31,
1997 ;-- Am. 1997, Act 87, Imd. Eff. July 28, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
Admin Rule: R 560.101 et seq. and R 560.401 et seq. of the Michigan
Administrative Code.
History: Add. 1969, Act 308, Imd. Eff. Aug. 14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1996, Act 591, Eff. Mar. 31, 1997 ;-- Am. 1997, Act 87, Imd. Eff.
July 28, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1997, Act 87, Imd. Eff. July 28, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1997, Act 87, Imd. Eff. July 28, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1993, Act 150, Eff. Sept. 30,
1993 ;-- Am. 1995, Act 172, Imd. Eff. Oct. 9, 1995 ;-- Am. 1998, Act 549, Imd.
Eff. Jan. 20, 1999 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
560.119 Preliminary plat; submission to county plat board and public utilities.
Sec. 119.
The proprietor shall submit 2 copies of the preliminary plat to the county plat board
and to the public utilities serving the area for informational purposes.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
560.137 Final plat; public and private grounds, streets, roads and alleys.
Sec. 137.
All public or private grounds, streets, roads and alleys included in the plat shall be
shown as follows:
(a) All public or private commons, parks and other grounds except streets and
alleys, by their boundaries, bearings and distances and names.
(b) All streets and roads by their bearings, widths and names.
(c) All streets, roads or alleys not dedicated to public use shall be marked “private”
and named.
(d) All curved portions of streets, roads or alleys shall be defined by curve data
including points of curvature, points of tangency, points of compound curvature,
radii of curves, central angles and the length and bearing of its long chord.
(e) Curve data may be shown by a curve data chart or table.
560.141 Improvements.
Sec. 141.
When the plat includes or abuts certain improvements other than streets, alleys,
roads or highways, such as county drains, lagoons, slips, waterways, lakes, bays or
canals, which connect with or are proposed to connect with or enlarge public
waters, the included or abutting portions of such proposed improvement shall be
shown on the plat.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
© 2004 Legislative Council, State of Michigan
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2002, Act 21, Imd. Eff. Mar. 4,
2002
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
© 2004 Legislative Council, State of Michigan
***** 560.165 THIS SECTION IS AMENDED EFFECTIVE JULY 1, 2005: See
560.165.amended *****
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1991, Act 59, Imd. Eff. June 27,
1991 ;-- Am. 1993, Act 67, Imd. Eff. June 21, 1993 ;-- Am. 1998, Act 549, Imd.
Eff. Jan. 20, 1999
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1991, Act 59, Imd. Eff. June 27,
1991 ;-- Am. 1993, Act 67, Imd. Eff. June 21, 1993 ;-- Am. 1998, Act 549, Imd.
Eff. Jan. 20, 1999 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 525, Eff. July 1, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
560.181 Final plat; streets, alleys, roads and highways; general requirements.
Sec. 181.
All streets, alleys, roads and highways shown, or required to be shown on a plat
shall comply with the requirements of sections 181 to 185 as a condition of
approval of the final plat.
History: 1967, Act 288, Eff. Jan. 1, 1968
Popular Name: Plat Act
Popular Name: Subdivision Control
560.183 Final plat; highways, streets, and alleys; private roads; county road
commission requirements; “county road commission” defined.
Sec. 183.
(1) The county road commission may require the following as a condition of
approval of final plat for all highways, streets, and alleys in its jurisdiction or to
come under its jurisdiction and also for all private roads in unincorporated areas:
(a) Conformance to the general plan, width, and location requirements that the
board may have adopted and published.
(b) Adequate provision for traffic safety in laying out drives which enter county
roads and streets, as provided in the board's current published construction
standards.
(c) Proper drainage, grading, and construction of approved materials of a thickness
and width provided in its current published construction standards.
(d) Submission of complete plans for grading, drainage, and construction, to be
prepared and sealed by a civil engineer registered in this state.
(e) Installation of bridges, culverts, and drainage structures where the board
considers necessary.
(f) Completion of all required improvements relative to streets, alleys, and roads,
or a deposit by the proprietor with the board in the form of cash, a certified check,
or irrevocable letter of credit, whichever the proprietor selects, or a surety bond
acceptable to the board, in an amount sufficient to ensure completion within the
time specified.
(2) As a condition of approval of the final plat, the board shall require a deposit to
be made in the same manner as provided in subsection (1)(f), to ensure
performance of the obligations of the proprietor to make required improvements.
(3) The board shall rebate to the proprietor, as the work progresses, amounts of
any cash deposits equal to the ratio of the work completed to the entire project.
(4) The board shall reject a final plat isolating lands from existing public streets or
roads, unless the proprietor provides suitable access by easement or dedicated to
public use.
(5) As used in this section, “county road commission” means the board of county
road commissioners elected or appointed pursuant to section 6 of chapter IV of
1909 PA 283, MCL 224.6, or, in the case of a charter county with a population of
2,000,000 or more with an elected county executive that does not have a board of
county road commissioners, the county executive for ministerial functions and the
county commission provided for in section 14(1)(d) of 1966 PA 293, MCL 45.514,
for legislative functions.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 2004, Act 122, Imd. Eff. May 28,
2004
Popular Name: Plat Act
Popular Name: Subdivision Control
560.186 Final plat; lots and outlots; waiver; applicability of subsection (3);
maintaining recorded plat.
Sec. 186.
(1) Except as otherwise provided in this section, as a condition of approval of the
final plat, all lots and outlots subdivided as defined in section 102 shall comply with
all of the following:
(a) Lots shall be numbered consecutively. If more than 1 subdivision is intended to
be known by the same name or caption, the lots in those subdivisions shall be
numbered consecutively throughout the several subdivisions bearing the same
name.
(b) A residential lot shall not be less than 65 feet wide at the distance of 25 feet
from its front line. If a lot diminishes in width from front to rear, it shall not be less
than 65 feet wide at a distance of 50 feet from its front line.
(c) A residential lot shall not have an area of less than 12,000 square feet.
(d) If required by the governing body outlots designated on the plat shall be of a
size, extent, and location that will not impair the intent of this act or any applicable
municipal rules, regulations or policies for land development adopted and published
by the governing body.
(e) Each lot and outlot shown on a plat shall have direct access to a street or road
or assured permanent access is provided for in accordance with a local subdivision
control ordinance or a zoning ordinance with subdivision control provisions.
(2) Minimum width and area requirements provided for in subsection (1) for
residential lots may be waived in any subdivision if connection to a public water
and a public sewer system is available and accessible or if the proprietor before
approval of the plat posts security with the clerk of the municipality as provided in
section 182, and if the municipality in which the subdivision is proposed has legally
adopted zoning and subdivision control ordinances that include minimum lot width
and lot area provisions for residential buildings.
(3) The minimum width and area requirements provided for in subsection (1) for a
residential lot may be waived if all of the following requirements are met:
(a) The residential lot has a public sewer system available and accessible and the
sewer system will serve that residential lot.
(b) The residential lot consists of an area of not less than 7,200 square feet.
(c) The municipality in which the subdivision is proposed has legally adopted
zoning and subdivision control ordinances that include minimum lot width and lot
area provisions for residential buildings.
(d) The ground water supply on that residential lot meets or exceeds the water
supply rules of the department of public health for subdivisions not served by
public water.
(e) Except for a plat approved pursuant to subsection (5), the plat for the proposed
subdivision in which the residential lot is located is submitted to the state for final
plat approval before January 1, 1993.
(4) Subsection (3) does not apply to a final plat approved after December 31,
1994.
(5) Notwithstanding subsection (4), a waiver shall be granted under subsection (3)
for a plat that meets the criteria in subsection (3)(a) through (d) and is contiguous
to and, since September 1, 1992 has been owned by the same person as a plat
that has received a waiver under subsection (3).
(6) The register of deeds shall maintain the recorded plat pursuant to section 243.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969 ;-- Am. 1992, Act 214, Imd. Eff. Oct. 9, 1992
Popular Name: Plat Act
Popular Name: Subdivision Control
560.188 Improvements.
Sec. 188.
(1) If the subdivision includes or abuts certain improvements other than streets
and alleys, such as county drains, lagoons, slips, waterways, lakes, bays or canals,
which connect with or are proposed to connect with or enlarge public waters and
such improvements are not in existence at the time of consideration by the
governing body of the municipality, it may require, as a condition of approval of
the final plat, the proprietor to enter into an agreement to construct such
improvements within a reasonable time.
(2) The governing body may require a cash deposit, certified check or irrevocable
bank letter of credit whichever the proprietor selects, or surety bond acceptable to
the municipality, covering the estimated cost of construction, to be deposited with
the clerk of the municipality to insure the faithful performance of the agreement.
Outlots or parks used as buffer strips, if between the boundary of the subdivision
and such improvements, shall not alter the requirements of this section.
(3) Any municipality may provide by ordinance for the installation of other
improvements in addition to those required by this act. The governing body of the
municipality, as a condition of approval of the plat, may require the proprietor to
enter into an agreement, as provided in this section.
History: 1967, Act 288, Eff. Jan. 1, 1968
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969 ;-- Am. 1982, Act 529, Eff. Mar. 30, 1983
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1976, Act 431, Imd. Eff. Jan. 11,
1977
Popular Name: Plat Act
Popular Name: Subdivision Control
© 2004 Legislative Council, State of Michigan
History: Add. 1976, Act 431, Imd. Eff. Jan. 11, 1977
Popular Name: Plat Act
Popular Name: Subdivision Control
560.203 Assessor's plat; payment of costs and expenses; cost charged to land.
Sec. 203.
The actual and necessary costs and expenses of making assessor's plats shall be
paid out of the general fund of the city, incorporated village, or township whose
governing body ordered the plat. All of the cost may be charged to the land so
platted. Of the cost charged to the land so platted, 1/2 shall be based on the
proportion that the area of each parcel bears to the total area of the plat and 1/2
shall be charged equally to each parcel included in the assessor's plat, as a special
assessment on the land, in the manner provided in Act No. 67 of the Public Acts of
1961, being sections 41.921 to 41.925 of the Michigan Compiled Laws.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969 ;-- Am. 1976, Act 431, Imd. Eff. Jan. 11, 1977
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 367, Imd. Eff. July 22,
1978
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 367, Imd. Eff. July 22,
1978 ;-- Am. 2004, Act 590, Imd. Eff. Jan. 4, 2005
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 367, Imd. Eff. July 22,
1978
Popular Name: Plat Act
Popular Name: Subdivision Control
560.224 Repealed. 1978, Act 367, Imd. Eff. July 22, 1978.
History: Add. 1978, Act 367, Imd. Eff. July 22, 1978 ;-- Am. 1979, Act 184, Imd.
Eff. Dec. 19, 1979 ;-- Am. 1996, Act 219, Imd. Eff. May 28, 1996
Popular Name: Plat Act
Popular Name: Subdivision Control
560.225 Repealed. 1978, Act 367, Imd. Eff. July 22, 1978.
560.226 Trial and hearing; order to vacate, correct, or revise recorded plat;
exceptions; plat recording resulting in loss of public access to lake or stream;
reservation of easement; operation and maintenance of property by state or
local unit; effect of noncompliance with subsection (4); closure of road ending;
proceedings.
Sec. 226.
(1) Upon trial and hearing of the action, the court may order a recorded plat or any
part of it to be vacated, corrected, or revised, with the following exceptions:
(a) A part of a state highway or federal aid road shall not be vacated, corrected, or
revised except by the state transportation department.
(b) A part of a county road shall not be vacated, corrected, or revised except by
the county road commission having jurisdiction pursuant to chapter IV of Act No.
283 of the Public Acts of 1909, being sections 224.1 to 224.32 of the Michigan
Compiled Laws.
(c) A part of a street or alley under the jurisdiction of a city, village, or township
and a part of any public walkway, park, or public square or any other land
dedicated to the public for purposes other than pedestrian or vehicular travel shall
not be vacated, corrected, or revised under this section except by both a resolution
or other legislative enactment duly adopted by the governing body of the
municipality and by court order. However, neither this section nor any other
section shall limit or restrict the right of a municipality under sections 256 and 257
to vacate the whole or any part of a street, alley, or other land dedicated to the
use of the public.
(2) If a circuit court determines pursuant to this act that a recorded plat or any
part of it that contains a public highway or portion of a public highway that borders
on, crosses, is adjacent to, or ends at any lake or the general course of any
stream, should be vacated or altered in a manner that would result in a loss of
public access, it shall allow the state and, if the subdivision is located in a
township, the township to decide whether it wants to maintain the property as an
ingress and egress point. If the state or township decides to maintain the property,
the court shall order the official or officials to either relinquish control to the state
or township if the interest is nontransferable or convey by quitclaim deed whatever
interest in the property that is held by the local unit of government to the state or
township. The township shall have first priority to obtain the property or control of
the property as an ingress and egress point. If the township obtains the property
or control of the property as an ingress and egress point and later proposes to
transfer the property or control of the property, it shall give the department of
natural resources first priority to obtain the property or control of the property. If
the state obtains the property or control of the property under this subsection, the
property shall be under the jurisdiction of the department of natural resources. The
state may retain title to the property, transfer title to a local unit of government, or
deed the property to the adjacent property owners. If the property was purchased
from restricted fund revenue, money obtained from sale of the property shall be
returned to that restricted fund.
(3) A judgment under this section vacating, correcting, or revising a highway, road,
street, or other land dedicated to the public and being used by a public utility for
public utility purposes shall reserve an easement therein for the use of public
utilities, and may reserve an easement in other cases.
(4) If interest in the property is conveyed or control over the property is
relinquished to a local unit or this state under subsection (2), the local unit or this
state, as applicable, shall operate and maintain the property so as to prevent and
eliminate garbage and litter accumulation, unsanitary conditions, undue noise, and
congestion as necessary.
(5) If a person shows substantial noncompliance with the requirements of
subsection (4), the circuit court may order the local unit or this state to close the
road ending in a manner to prevent ingress and egress to the body of water for a
period of up to 30 days.
(6) If a person shows substantial noncompliance with the requirements of
subsection (4) and the circuit court has previously closed the road ending for up to
30 days under subsection (5), the circuit court may order the local unit or this
state to close the road ending in a manner to prevent ingress and egress to the
body of water for 90 days.
(7) If a person shows substantial noncompliance with the requirements of
subsection (4) and the circuit court has previously closed the road ending for 90
days under subsection (6), the circuit court may order the local unit or this state to
close the road ending in a manner to prevent ingress and egress to the body of
water for 180 days.
(8) If a person shows substantial noncompliance with the requirements of
subsection (4) and the circuit court has previously closed the road ending for 180
days under subsection (7), the circuit court shall order the local unit or this state to
show cause why the road ending should not be permanently closed in a manner to
prevent ingress and egress to the body of water. Subject to subsection (9), the
circuit court shall permanently close the road ending unless the local unit or this
state shows cause why the road ending should not be closed.
(9) After a road ending is closed under subsection (8), and unless the property has
been conveyed or relinquished to the adjacent landowners under subsection (10),
the local unit or this state may petition the circuit court to reopen the road ending.
The circuit court may order the road ending reopened if the local unit or this state
presents a management plan to and posts a performance bond with the circuit
court, and the circuit court finds that the management plan and performance bond
are adequate to ensure compliance with subsection (4).
(10) After a road ending is closed by the circuit court under subsection (8), 1 or
more of the adjacent landowners may petition the circuit court to order the local
unit or this state to convey any interest in the property that the local unit or this
state holds to the adjacent landowners, or, if the interest is nontransferable, to
relinquish control over the property to the adjacent landowners.
(11) Proceedings under subsection (5), (6), (7), or (8) shall be initiated by
application of 7 owners of record title of land in the local unit who own land within
1 mile of the road ending to the circuit court for the county in which the road
ending is located. The applicants in proceedings under subsection (5), (6), (7), (8),
(9), or (10) shall give the persons described in section 224a notice of the
application by registered mail.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 367, Imd. Eff. July 22,
1978 ;-- Am. 1978, Act 556, Imd. Eff. Dec. 22, 1978 ;-- Am. 1996, Act 219, Imd.
Eff. May 28, 1996
Popular Name: Plat Act
Popular Name: Subdivision Control
560.227 Repealed. 1978, Act 367, Imd. Eff. July 22, 1978.
History: Add. 1978, Act 367, Imd. Eff. July 22, 1978 ;-- Am. 1996, Act 219, Imd.
Eff. May 28, 1996
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 367, Imd. Eff. July 22,
1978
Popular Name: Plat Act
Popular Name: Subdivision Control
560.229 Preparation and form of new plat; filing copies; caption; approval;
distribution of copies; fees.
Sec. 229.
(1) If the court orders a plat to be vacated, corrected, or revised in whole or in
part, the court shall also direct plaintiff to prepare, in the form required by this act
for a final plat, either a new plat of the part of the subdivision affected by the
judgment or a new plat of the entire subdivision if the court's judgment affects a
major part of the subdivision.
(2) Five true copies of the new plat, accompanied by a copy of the court's
judgment, shall be filed with the state treasurer. The caption of the new plat shall
include a statement that it is a corrected or revised plat of all or part of the same
subdivision covered by the original plat.
(3) After the state treasurer has examined the new or amended plat for compliance
with the court judgment and the provisions of this act for the making and filing of
original final plats and has approved the new or amended plat, the state treasurer
shall distribute 1 copy each to the register of deeds, clerk of the municipality,
county treasurer, and county road commission. One copy shall be filed in the office
of the state treasurer.
(4) Fees for recording and filing documents as required by this section shall be the
same as for an original final plat.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 367, Imd. Eff. July 22,
1978
Popular Name: Plat Act
Popular Name: Subdivision Control
560.241 Submission of final plat; filing and recording; state plat review fee;
disposition of fee.
Sec. 241.
(1) When a final plat is submitted to the clerk of the governing body of the
municipality, the proprietor shall deposit with the plat both of the following:
(a) A filing and recording fee of $20.00. The filing and recording fee is in addition
to any fee the municipality may charge under this act.
(b) A state plat review fee of $150.00, plus $15.00 for each lot over 4 lots included
in the plat. The state plat review fee shall be paid by check or money order payable
to the state of Michigan.
(2) Upon approval of the plat by the governing body, the clerk shall send the filing
and recording fee and the state plat review fee with the plat to the clerk of the
county plat board.
(3) The clerk of the county plat board shall deposit the filing and recording fee in
the county trust and agency fund for subsequent payment by county warrant from
this fund to the county register of deeds in the amount of $20.00, upon submission
of proof to the clerk of the county plat board that the plat has been recorded in the
office of the county register of deeds.
(4) If a final plat is forwarded to the state administrator, the clerk of the county
plat board shall forward the state plat review fee with the plat.
(5) A state plat review fee collected by this state shall be deposited in the state
treasury for use in the administration of this act. A fund in which state plat review
fees shall be deposited is created in the state treasury. This fund is a revolving
fund, and money remaining in the fund at the end of the fiscal year shall be carried
over in the fund to the next and succeeding fiscal years for use in the
administration of this act.
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1991, Act 59, Imd. Eff. June 27,
1991 ;-- Am. 1993, Act 67, Imd. Eff. June 21, 1993 ;-- Am. 1998, Act 549, Imd.
Eff. Jan. 20, 1999
Popular Name: Plat Act
Popular Name: Subdivision Control
Compiler's Notes: The repealed section pertained to submission of final plat and
fees.
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1992, Act 185, Imd. Eff. Oct. 5,
1992 ;-- Am. 1992, Act 214, Imd. Eff. Oct. 9, 1992
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1969, Act 308, Imd. Eff. Aug. 14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1969, Act 308, Imd. Eff. Aug. 14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1978, Act 556, Imd. Eff. Dec. 22, 1978
Popular Name: Plat Act
Popular Name: Subdivision Control
History: Add. 1978, Act 556, Imd. Eff. Dec. 22, 1978
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 556, Imd. Eff. Dec. 22,
1978
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1978, Act 556, Imd. Eff. Dec. 22,
1978
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1997, Act 87, Eff. Oct. 1, 1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1997, Act 87, Imd. Eff. July 28,
1997
Popular Name: Plat Act
Popular Name: Subdivision Control
History: 1967, Act 288, Eff. Jan. 1, 1968 ;-- Am. 1969, Act 308, Imd. Eff. Aug.
14, 1969
Popular Name: Plat Act
Popular Name: Subdivision Control
560.292 Repeal.
Sec. 292.
Act No. 172 of the Public Acts of 1929, as amended, being sections 560.1 to
560.80 of the Compiled Laws of 1948, is repealed.
Rendered 3/11/2005 Michigan Compiled Laws Complete Through PA 596 of 2004 Regular Session
12:34:07 and the 2004 Constitutional Amendments
© 2005 Legislative Council,
Courtesy of www.legislature.mi.gov
State of Michigan