Non-Compliant Parcels/Lots

Overview

This page is for individuals conducting due diligence regarding the purchase or development potential of a lot or parcel and wanting to know whether a lot or parcel is legal and developable OR if they have purchased property to discover it is an illegal, non-compliant parcel.  

There are two (2) items to consider when determining the legality and developability of land: 

1. State subdivision laws came into effect in July of 1993.  Any parcel or lot that was created after these laws went into effect would have needed to be approved through a subdivision process to be a legal, developable lot or parcel.  

2. Zoning in Box Elder County has been implemented at varying times throughout the County’s history.  If a lot or parcel was created after zoning went into effect and the lot or parcel does not meet the zoning requirements (minimum acreage size, frontage requirements, etc.), it would not be considered legal or developable.

Process to Correct

If it has been determined that you have land that is an illegal, non-conforming lot or parcel, to correct the matter so the land is eligible for development, you would need to do one (or both) of the following steps:  

1. If the parcel was illegally subdivided by deed only after subdivision laws were in place (Item #1 above) and if the parcel meets all minimum zoning requirements in which it is located, the owner would need to go through a formal subdivision process to correct the illegality.
2. If the parcel was created after zoning went into effect and does not meet the minimum zoning requirements in which it is located, the owner would need to bring the parcel into compliance by meeting the minimum requirements of the zone. This may include purchasing more contiguous land to meet the minimum acreage requirement, etc.

Definitions

• Legal, Nonconforming Lot (a.k.a. “grandfathered”): A lot or parcel that legally existed before its current zoning designation, has been shown continuously on county records as an independent parcel since the time the zoning regulation governing the lot or parcel changed, and, because of subsequent zoning changes, does not conform to the lot size or other dimensional or development standard applicable to the zone where the lot or parcel is located.
• Illegal, Nonconforming Lot: A lot or parcel that was not subdivided or created in accordance with the Box Elder County Land Use Code.

Additional Information

• Box Elder County Auditor: Tax Sale
• Chapter 6-1: Subdivisions