Request By:
Honorable Bruce E. Smith
Attorney at Law
117 South Main Street
Nicholasville, Kentucky 40356
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 10 in which you, on behalf of the Jessamine County - City of Wilmore Joint Planning Commission, relate the following facts and questions:
"The question is whether or not Chapter 100 of the Kentucky Revised Statutes contemplates and permits 'subdivisions' for agricultural purposes. KRS 100.111(22) defines the term subdivision and also refers to 'divisions of land for agricultural purposes'. . . ."
"My question concerns a hybrid situation involving a plat of a large parcel of real estate zoned agricultural, divided into five acre or more tracts and including a new street. The developer alleges the property will be used for agricultural purposes. Due to the inclusion of the new street, this plat has to be considered a subdivision. Are the terms 'subdivision' and 'agricultural use' mutually exclusive? Can there be a 'subdivision for agricultural purposes' or does the term subdivision' connote a residential use which would preclude approval of the plat just described."
The answer to your basic question would be in the affirmative if a new street is involved in the division of agricultural land.
KRS 100.111(22) reads in part as follows:
" 'Subdivision' means the division of a parcel of land into three(3) or more lots or parcels except in a county containing a city of the first, second or third class or in an urban county government where a subdivision means the division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land: Providing that a division of land for agricultural purposes into lots of parcels of five (5) acres, or more and not involving a new street shall not be deemed a subdivision. . . ." (Emphasis added).
The above statute clearly provides that a division of land for agricultural purposes into lots of five (5) acres or more and not involving a new street shall not be termed a subdivison. However, where the division of agricultural land does in fact involve a new street, it appears obvious that such would constitute a subdivision within the meaning of the above referred to definition. See OAG 78-325. Your related questions are as a consequence answered.