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Family transfer provision
is legislative ‘gray area’
In the long hours of work that went into the county’s new zoning and subdivision ordinances, the Planning Commission and the Board of Supervisors struggled the longest with the sections on family transfers.
The primary concern was how to give parents the means to provide their children with a piece of land on which to build a home while simultaneously preventing misuse of this exemption from development controls.
They decided to require an affidavit, attesting that the family division is intended to be for a residence for the qualifying family member —son, daughter, or parent. And they included a proviso that sale of the newly created lot within two years of the subdivision will be viewed as evidence of intent to circumvent local land use ordinances.
In doing so, the commissioners and the supervisors recognized that they were laying claim to a “gray area” not specifically deeded to local government under the state’s enabling legislation, but they considered it critical to the
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