"Can I split this without a plat?" It is one of the first questions I ask about a subdivide, and the answer changes a lot from state to state. In one state a 10 acre split sails through with a survey. In the next, the same split needs a full plat and a planning commission vote.
Here is what the state law says in the ten states where we fund the most land, with a link to the source for every rule. This is general information, checked in September 2026, not legal advice. Your county or township adds its own rules on top, so call the planning office before you buy.
Who makes the subdivision rules, the state or the county?
Both. The state sets the definition, the exemptions, and some deadlines. The county sets almost everything else.
State law decides what counts as a subdivision, which splits are exempt, and sometimes how fast the county must act. The county or township then sets minimum lot size, road frontage, road standards, and where a minor split ends and a major subdivision begins. Septic rules come from a state agency, but a local health department usually issues the permit.
More on the county side in minor vs. major subdivision and land split vs. subdivision.
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Get a Free QuoteSubdivision LoansWhen can you split land without a plat in each state?
In most of these states, big lots on an existing road skip the plat. The size cutoff runs from 5 to 10 acres.
Texas and North Carolina exempt lots over 10 acres with no new road. Tennessee, South Carolina, and Ohio use 5 acres. Virginia's default is 5 acres, but counties can change it. Florida's law starts at three lots, Alabama has no acreage exemption, Georgia leaves it all to the county, and Michigan counts divisions per parent parcel.
| State | No plat or plat approval needed when | Who approves, and how fast | Septic permits |
|---|---|---|---|
| Texas | Every lot more than 10 acres, no public roads | County, 30 days or approved | TCEQ rules; 1/2 acre min with public water, 1 acre without |
| Tennessee | Every lot 5 acres or more, no new street or utilities | Planning commission, 60 days or approved | TDEC |
| Georgia | Set by each county | County, where it has rules | County board of health; health review skips all lots 3+ acres, 150 ft wide |
| North Carolina | Every parcel more than 10 acres, no new street | Set by county ordinance | Local health department |
| Michigan | Within the Land Division Act allowance | Township, 45 days | Local health department |
| Virginia | Default: 2 lots, or all lots 5+ acres with no new street (county can change) | County agent, 60 days | VDH through local health department |
| Florida | A split into 2 parcels (state law) | County designated official | DEP program, county health staff; 1/2 acre lots |
| Alabama | No acreage exemption; family transfers exempt | County commission | ADPH through county health department |
| South Carolina | Every parcel 5 acres or more, no new street | County, 60 days or approved | SC DES (Reg. 61-56) |
| Ohio | Parcels more than 5 acres, no new streets; up to 5 lots on existing road by no plat approval | County planning commission, 7 business days or 30 days | Local health district |
What are the subdivision rules in Texas?
Outside city limits, you plat through the county, unless every lot is more than 10 acres and you build no public roads.
In Texas, dividing land outside a city into two or more lots usually needs a county plat under Chapter 232. The big exception: if every lot is more than 10 acres and you lay out no streets or other public improvements, no plat is required. The county must act on a complete plat application within 30 days.
- No plat needed: every lot more than 10 acres, no public improvements. Family splits of four or fewer parts to relatives are also exempt.
- Approval: the commissioners court, or whoever the county names. It has 30 days after a complete application, or the plat is approved.
- Septic: TCEQ rules (30 TAC Chapter 285). New subdivision lots need at least 1/2 acre with public water, and at least 1 acre without it.
Law: Texas Local Government Code, Chapter 232. Sources: Tex. Loc. Gov't Code 232.0015, 232.0025, 30 TAC 285.4. See also Texas land loans.
What are the subdivision rules in Tennessee?
A split is a subdivision if any lot is under 5 acres or you need a new street or utilities.
Tennessee defines a subdivision as dividing land into two or more lots that need new street or utility construction, or any division of less than 5 acres. So lots of 5 acres or more on an existing road, with no new utilities, fall outside it. The planning commission approves plats, and it has 60 days to act.
- No plat needed: every lot 5 acres or more, no new street or utility construction.
- Approval: the regional planning commission. It must act within 60 days after first considering the plat, or the plat is deemed approved.
- Septic: TDEC Division of Water Resources (Rule 0400-48-01). Some county health departments permit under contract with TDEC.
Law: Tennessee Code 13-3-401 and following. Sources: Tenn. Code 13-3-401, 13-3-404, TDEC septic rules. See also Tennessee land loans.
What are the subdivision rules in Georgia?
Georgia leaves subdivision rules to each county. The state sets septic rules through the county board of health.
Georgia has no statewide county subdivision law. Where a county has adopted subdivision regulations, a plat cannot be recorded without county approval. Where it has not, the rules are light. Septic is statewide: the county board of health must approve water and sewage plans before you sell lots in a subdivision.
- No plat needed: depends entirely on the county ordinance.
- Approval: the county planning commission or governing authority, where the county has subdivision rules.
- Septic: Department of Public Health Rule 511-3-1, permitted by the county board of health. The health rule's subdivision review does not cover parcels that are all 3 acres or more with at least 150 feet of width. The county may still require a plat.
Law: No statewide subdivision act. Each county writes its own rules. Sources: O.C.G.A. 15-6-67, Ga. Rule 511-3-1. See also Georgia land loans.
What are the subdivision rules in North Carolina?
Splits where every parcel is more than 10 acres, with no new street, are exempt from subdivision rules.
North Carolina counts any division into two or more lots for sale or building as a subdivision, with exemptions. The main ones for investors: parcels greater than 10 acres with no street dedication, and a tract of 2 acres or less split into no more than three lots with no street. The county ordinance sets who approves.
- No plat review needed: every parcel more than 10 acres with no street right of way, or 2 acres or less split into three lots or fewer with no street. A review officer still certifies the exemption before recording.
- Approval: whoever the county ordinance names: the board, a planning board, or staff.
- Septic: the local health department issues permits under state rule 15A NCAC 18E.
Law: N.C. General Statutes Chapter 160D, Article 8. Sources: G.S. 160D-802, UNC School of Government, 15A NCAC 18E. See also North Carolina land loans.
What are the subdivision rules in Michigan?
Michigan lets you split a parent parcel a set number of times without a plat, and that number jumps in 2027.
Under the Land Division Act, you can divide a parent parcel into a limited number of parcels without platting. The township has 45 days to approve a complete application. Public Act 58 of 2025 raises the first 10 acres from 4 parcels to 10, statewide on March 24, 2027. Townships could allow more starting March 24, 2026.
- No plat needed: divisions within the Act's allowance. Splits where no parcel is under 40 acres are exempt splits.
- Approval: the township or city, within 45 days of a complete application. Parcels of 10 acres or less can be no deeper than 4 times their width, unless the local rule is stricter.
- Septic: no statewide septic code. The local health department permits systems.
Law: Land Division Act (MCL 560.101 and following). Sources: MCL 560.109, Mika Meyers on PA 58, Van Buren County, Michigan Advance. See also Michigan land loans.
What are the subdivision rules in Virginia?
By default, a subdivision is three or more lots under 5 acres, or any split with a new street. Counties can change that.
Virginia's default definition makes a subdivision three or more lots of less than 5 acres each, or any division that involves a new street. But each county can write its own definition, and many do. Virginia also allows one family division per family member. The county has 60 days to act on a final plat.
- No plat needed: under the default, two lots, or lots of 5 acres or more with no new street. Check the county ordinance, since it can override the default.
- Approval: the county's designated agent, within 60 days of official submission.
- Septic: Virginia Department of Health (12VAC5-610), through the local health department.
Law: Code of Virginia 15.2-2240 and following. Sources: Va. Code 15.2-2201, 15.2-2244, 15.2-2259. See also Virginia land loans.
What are the subdivision rules in Florida?
Florida's plat law covers three or more lots. The county controls unincorporated land, and septic lots start at 1/2 acre.
Florida defines a subdivision as three or more lots, so a split into two parcels falls outside the state law. Counties have exclusive control in unincorporated areas and can add their own rules. Plat approval is administrative. On septic, the state rule generally requires a lot of at least 1/2 acre, with sewage flow limits per acre.
- No plat needed under state law: a split into two parcels. County code may still add rules.
- Approval: an official the county designates. That official sends written notice within 7 business days of receiving the plat, then decides within the stated timeframe.
- Septic: the program moved to the Department of Environmental Protection in 2021; county health department staff still issue permits. The rule sets a 1/2 acre lot and 2,500 gallons per acre per day with public water, 1,500 with a private well.
Law: Florida Statutes Chapter 177, Part I. Sources: Fla. Stat. 177.031, 177.071, Florida DEP, Rule 62-6.005. See also Florida land loans.
What are the subdivision rules in Alabama?
In counties with subdivision rules, even a split into two lots counts. Family transfers are exempt, with a new 24 month rule.
Alabama counts any division into two or more lots as a subdivision where the county has adopted regulations. There is no acreage exemption. Transfers to an immediate family member are exempt, but starting October 1, 2026, if that land is sold outside the family within 24 months, the subdivision rules apply. The county commission approves.
- No plat needed: family transfers, and land in counties without subdivision rules. No large lot exemption.
- Approval: the county engineer reviews and the county commission approves. Near cities, the city planning commission may have jurisdiction instead.
- Septic: Alabama Department of Public Health rules (420-3-1), through the county health department.
Law: Code of Alabama 11-24-1 and following. Sources: Ala. Code 11-24-1, 11-24-2, Act 2026-49, ADPH septic rules. See also Alabama land loans.
What are the subdivision rules in South Carolina?
Parcels of 5 acres or more with no new street are not a subdivision. You file the plat with the county for information.
South Carolina excludes divisions into parcels of five acres or more where no new street is involved. Those plats go to the planning agency for information, not approval. Anything smaller follows the county's subdivision rules. If the county does not act on a complete plat within 60 days, it is considered approved.
- No plat approval needed: every parcel 5 acres or more, no new street. The plat is filed for information.
- Approval: the county planning commission or its staff, within 60 days of a complete submission, or it is considered approved.
- Septic: SC Department of Environmental Services (formerly DHEC), Regulation 61-56.
Law: S.C. Code 6-29-1110 and following. Sources: S.C. Code 6-29-1110, 6-29-1150, SC DES. See also South Carolina land loans.
What are the subdivision rules in Ohio?
Ohio has a fast "no plat" approval for up to five lots on an existing road, decided in 7 business days.
In Ohio, a subdivision is a division where any parcel is under 5 acres. Parcels of more than 5 acres with no new streets or access easements are exempt. And a split of up to five lots along an existing public road, with no new road, can get no plat approval within 7 business days. Full plats get 30 days.
- No plat needed: parcels more than 5 acres with no new streets or access easements, or a no plat approval for up to five lots on an existing road.
- Approval: the county or regional planning commission. No plat splits in 7 business days; full plats within 30 days or deemed approved.
- Septic: Ohio Department of Health rules (OAC 3701-29), permitted by the local health district.
Law: Ohio Revised Code Chapter 711. Sources: Ohio Rev. Code 711.001, 711.131, 711.10, OAC 3701-29. See also Ohio land loans.
How do state subdivision rules change a subdivide loan?
The faster your split records, the more we can lend at closing.
If the plat or split records at closing and every lot passes perc with a conventional septic system, we lend up to 80% of the purchase price. If it records after closing, we lend 65% at closing and advance another 15% when it records. Either way, the loan stays at or under 65% of our value.
That is why the exemptions above matter so much. A 5 or 10 acre split with no new road can often record during your due diligence period, which puts you in the 80% tier. See how lenders value a subdivide loan, why you perc test every lot, and how long plat approval takes.
Takeaway: before you make an offer, find out whether your split is exempt, how many lots the county allows, and who permits septic.
Have a subdivide in one of these states?
Get a Free Quote →Frequently Asked Questions
Do I need a plat to split land?
It depends on the state and county. Many states exempt large lots with no new road: more than 10 acres in Texas and North Carolina, 5 acres in Tennessee, South Carolina, and Ohio. Smaller splits usually need county approval.
Who sets subdivision rules, the state or the county?
Both. The state sets the definition, exemptions, and deadlines. The county or township sets lot sizes, frontage, road standards, and where the line falls between a minor and a major subdivision.
Which states have a large lot exemption from platting?
Of these ten, Texas and North Carolina exempt lots over 10 acres with no new road, and Tennessee, South Carolina, and Ohio exempt 5 acre lots with no new street. Virginia's default is 5 acres, but counties can change it.
Who approves septic for a new lot?
In most states the local or county health department issues the permit under state rules. Texas uses TCEQ rules, Florida's program is run by DEP, and Michigan has no statewide septic code.
Can I get a loan on land I plan to subdivide in these states?
Yes. Damen Capital lends in all ten: up to 80% of the purchase price if the plat records at closing and every lot passes perc, or 65% at closing plus 15% when it records. The loan stays at or under 65% of value.