Why You Can’t Always Split Your Property in Marion County (Even If It’s Big Enough)
- Jon Flowers
- Jan 13
- 3 min read
SHORT ANSWER:
Even if a property in Marion County meets the minimum acreage requirement, it cannot always be split. Zoning rules, road frontage, legal access, existing easements, environmental constraints, and subdivision history all play a role. Acreage alone is rarely the deciding factor.
INTERNAL LINK
If you’re looking for an overview of how the property split process works from start to finish, you can read our full guide here:
WHY THIS IS CONFUSING
This question comes up often:
“My parcel is large enough — why can’t I just split it?”
On paper, that seems reasonable. Many property owners assume land division works like cutting a pie: if there’s enough land, it should be divisible.
In reality, Marion County evaluates how land functions, not just how much land exists.
ACREAGE IS NOT APPROVAL
Minimum lot size is usually the first requirement people notice, but it’s far from the only one.
A parcel can meet acreage requirements and still fail for other reasons. When that happens, it often feels arbitrary — but it usually isn’t.
Below are the most common issues that prevent a split.
ZONING LIMITATIONS
1. Zoning Limits How Many Lots Are Allowed
Zoning controls:
Density
Allowed land use
Minimum lot width and depth
Required setbacks
A parcel may be large enough but still limited to one dwelling unit under current zoning. In those cases, a split may require rezoning or special approval — neither of which is automatic.
ACCESS & FRONTAGE
2. Road Frontage and Legal Access Matter More Than Size
Each newly created parcel generally needs:
Legal access
Adequate road frontage
If a parcel only fronts the road once, creating two legal lots can be difficult or impossible without:
Additional frontage
A shared access easement
A flag-lot configuration (which has its own restrictions)
This is one of the most common reasons a proposed split is denied.
EASEMENTS
3. Easements Can Reduce “Usable” Land
Utility, drainage, ingress/egress, or conservation easements may remove large portions of land from consideration.
Even though the land exists physically, it may not count toward:
Buildable area
Required lot width
Minimum setbacks
This often surprises owners because easements don’t always affect day-to-day use — but they matter greatly during subdivision review.
ENVIRONMENTAL CONSTRAINTS
4. Environmental Constraints Still Apply
Wetlands, flood zones, and conservation areas don’t automatically prohibit a split, but they can:
Reduce buildable area
Eliminate required setbacks
Trigger additional permitting or review
A parcel that looks dry and usable may still contain regulated areas that complicate division.
SUBDIVISION HISTORY
5. Subdivision History Can Limit Future Splits
This is especially relevant in older or unrecorded subdivisions.
Some parcels:
Were already split historically
Are remnants of older plats
Are subject to prior approvals or restrictions
In these cases, a proposed split may be treated as a re-subdivision, which typically involves additional requirements.
Where a Surveyor Fits Into This Process
A professional survey does not guarantee approval, but it helps answer critical questions early, such as:
How much usable land actually exists?
Where are boundaries, easements, and access points?
Does the parcel configuration support division?
This helps owners avoid pursuing a split that isn’t feasible under current regulations.
This article pairs directly with our guide on how to split property in Marion County, which explains the procedural steps once a parcel is eligible.
Together, these articles explain both:
How land can be divided
Why it sometimes cannot
FINAL THOUGHT
Land division isn’t just about land size — it’s about compliance.
Marion County evaluates how a property fits within zoning rules, access requirements, environmental constraints, and long-term planning goals. That’s why two parcels with the same acreage can have very different outcomes.
Disclaimer:
This article is for general informational purposes only and is not legal or zoning advice. Property division rules can vary by parcel, zoning class, and circumstance. Always confirm requirements with Marion County before making decisions.
Comments