Albemarle County Division Rights, Explained

Quite often we are asked about subdividing rural or agricultural land in Albemarle County. While it can get a little confusing, I’ll make an attempt to explain the rules.

In 1980, Albemarle County created the zoning description of “Rural Areas” (RA). This article only pertains to those properties that are zoned RA. With RA zoning, an owner can divide parcels into 21-acre tracts. In order to create a lot that is less than 21 acres, the tax map parcel must have a development right. Each tax map parcel was assigned five development rights in 1980. Once these rights are utilized, there can no longer be any further divisions made other than into 21 acre tracts.

If a tax map parcel has five development rights, the total acreage used for the five divisions cannot exceed 31 acres. For instance if you have 50 acres, you could not create five 10 acre tracts. You could create five 6.2 acre tracts or any variation that will not be greater than 31. This is known as the “31 Rule.”

If you purchase a 10 acre lot that still has one division right, you cannot use that division. If you have two division rights, then you could divide the tract into two lots. However, if you have 23 acres with one division right, you could create a 21 acre tract and a 2 acre lot. Two acres is the minimum size lot that can be created in Albemarle County.

If you wish to divide your property for a family member, you still need to have a division right available.

Many times you will see properties for sale stating that they have division rights. Do NOT assume that you will be able to exercise them. There are many other factors that must be met in order to be able to use them, for example, critical slopes and road-way sight distance. All of our agents are knowledgeable in this area and can help you determine if the division rights are useable. Visit the Albemarle County Website for more details.

Albemarle County Division Rights, Explained

All information in this newsletter is deemed accurate but not guaranteed.

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