Michigan PA 58 of 2025: Land Division Act Changes

Quick Answer

Public Act 58 of 2025 (Senate Bill 23) amends section 108 of Michigan's Land Division Act, MCL 560.108. The governor approved it on December 23, 2025. It expands how many parcels can be created from a parent parcel without platting, in two stages: a first-year limit of four parcels for the first ten acres, rising to ten parcels one year after the amendment takes effect. Law-firm summaries put the effective date at March 24, 2026, with full implementation by March 24, 2027. The act does not regulate association governance directly, so its effect on HOAs and condominium associations is indirect, but it matters to communities with undeveloped land, to associations that border large parcels, and to anyone relying on restrictive covenants to limit splits.

What the Land Division Act Does

The Land Division Act regulates how local governments divide land. It sets the number of parcels that can be carved out of a parent parcel or parent tract without going through the platting process, along with road access and building-site requirements. Section 108 is the provision that sets those numbers.

What PA 58 Changed

• Parcels from the first 10 acres. Beginning on the effective date of the amendatory act, until one year afterward, a division may result in four parcels for the first ten acres or fraction of a parent parcel. Beginning one year after the effective date, it may result in ten parcels.
• Additional acreage. One additional parcel for each whole 10 acres in excess of the first 10 acres, up to 11 additional parcels, plus one additional parcel for each whole 40 acres beyond the first 120 acres.
• Parent parcels of 20 acres or more. A division may result in two extra parcels if new roads mean no new driveway accesses to an existing public road, or if one resulting parcel is at least 60 percent of the parent parcel.
• Large parcels. A parcel of 40 acres or more created from a division is not counted toward the limits and is not subject to section 109 if it is accessible.
• Further splits. A parcel created by an exempt split or division may be split again without platting if at least 10 years have passed since it was recorded and other limits are met.
• Local ordinances. A parcel may be split into more parcels than the statute otherwise allows if an ordinance of the municipality or county authorizes it and the split complies with the ordinance's standards.

Why Associations Should Care

The statute sets the state-law ceiling on splits, but it does not override recorded covenants, master deeds or association approval requirements. Practical effects for boards include:

• Undeveloped or expandable land. If a community owns or abuts large parcels, higher split limits may increase development pressure near your boundaries.
• Covenants still control. A parcel owner who may split a lot under state law may still be barred by recorded restrictions. This is another reason to keep restrictions preserved; see our MRTA notice of claim guide.
• Road and drain maintenance. More parcels can mean more users of private roads and shared drains. Review maintenance agreements and cost-sharing language.
• Local ordinance changes. Municipalities can set their own, higher limits, so watch township and county agendas.

What Is Still Unclear

The enrolled act lists the effective date as the 91st day after final adjournment of the 2025 regular session, and sources compute the calendar date as March 24, 2026. Because the first-year and later limits depend on that date, confirm it and any local ordinances with your attorney or municipality before relying on it for a particular split.

How APM Helps

APM tracks local ordinance changes affecting your community and keeps governing documents and maintenance agreements organized. See our Michigan resources or contact us.

Source: Enrolled Senate Bill 23, Public Act 58 of 2025 (approved December 23, 2025). This article is general information, not legal advice; confirm effective dates and local rules before acting. Last verified October 24, 2026.