Land Use - Subdivisions
Procedure for Subdividing Property in the Town of Highlands
Definition and Exemptions
According to section 2.3 of the Town of Highlands Unified Development Ordinance (UDO) and North Carolina General Statute 160D-802(a), All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition, nor be subject to the regulations of this Ordinance:
- The combination or recombination of portions of previously subdivided and recorded lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town as required by this Ordinance;
- The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;
- The public acquisition by purchase of strips of land for the widening or opening of streets; or
- The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the Town, as required by this Ordinance.
- The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.
All other subdivisions of land must be approved by the Town of Highlands Board of Commissioners.
Procedure
The Planning Board is responsible for the initial review and recommendation of subdivision plats. The Planning Board, which is appointed by the Board of Commissioners, meets on the 4th Monday of each month at the Community Building (869 N 4th Street) at 5:30 pm. An application for a subdivision must be made through the Planning Office two weeks prior to the meeting and accompanied by the application fee. Approval of a subdivision is a three-part process:
- Preliminary Plat: A Preliminary Plat must be prepared by a Registered Land Surveyor, indicating all of the information in section 4.4.4 of the UDO. The Planning Board reviews the Preliminary Plat and makes a recommendation to the Town Board of Commissioners (failure to make a recommendation within the prescribed period has the same effect as a recommendation of approval). The Town Board may, in turn, approve, approve or disapprove the plat. A Preliminary Plat is valid for one year.
- Improvements Installation or Guarantee: Upon approval of the Preliminary Plat, the subdivider may proceed with the installation of streets, utilities, and any other required improvements. These improvements must be reviewed by the Board of Commissioners or their authorized representative (such as the Town Engineer or Public Works Director). Building permits may also be issued, contingent on final approval being granted. But prior to the approval of the Final Plat or the sale of any lot in the subdivision, the subdivider must have installed all of the improvements required by the Ordinance or guaranteed their installation as approved by Resolution of the Town Board.
- Final Plat: Once a subdivider has installed all of the improvements required or has guaranteed their approval, a final plat is prepared; it, too, must be prepared by a Registered Land Surveyor, indicating all of the information required by section 4.4.6 of the UDO. As with the Preliminary Plat, the Planning Board reviews the Final Plat and makes a recommendation to the Town Board; the Town Board may approve or disapprove the plat. When submitting a Final Plat for approval, the subdivider certifies that streets, utilities, and other required improvements have been installed in an acceptable manner and according to required specifications and standards; he then signs and notarizes a label of certification to that effect on the plat itself. The Mayor, Planning Board Chairman, and Planning Director sign the approved plat. Final approval does not constitute acceptance by the Town, however, of the dedication of any street unless explicitly agreed to by the Board of Commissioners by separate resolution. Only paved streets meeting Town specifications will be accepted for maintenance. The Town then records the Final Plat with the Macon County Register of Deeds.
In the case of small subdivisions or where no improvements are required, the Town Board may approve the Preliminary and Final Plat at a single meeting.
For More Information
You can view the UDO on the Town website. Applications are also available in the "Forms/Applications" tab on the Town website. The application fee is set from time to time by the Board of Commissioners. On July 1, 2012, the board set that fee at $500.00. For more information, call Michael Mathis, Planning & Development Director, at (828) 526-2118.
Updated April 8, 2025