MINUTES OF QUARTERLY MEETING OF REDRIVERVALLEY PREP 1/17/07

The meeting was called to order by co-chairs, Sue Cosgriff, RRTS/CCAC President and Bonnie Rehder, Clay County Recorder.

Introductions were made by all in attendance.

Old Business

The co-chairs wanted input as to whether quarterly meetings were okay or if we have a topic that seems to carry over if we should schedule a closer meeting date. We will wait for any feed-back from members. Members were also reminded that the only notices regarding future meetings will only be by E-mail. We asked anyone that had not previously supplied their E-mail address to please do so.

Denise Graunke told usthat the website called “Smartgroups.com” was no longer an option to use because it is no longer is existence. At the present time the RRV PREP E-mail address is .

New Business

The topic for this meeting was splits in tax parcels. Bonnie Rehder gave an introduction for this segment of the meeting as follows:

“I know when you call a county office about splits you probably feel like you are getting the run around.

The truth is there are usually many departments in each county that work on splits. Each department does their part and we in other departments don’t usually answer questions for each other because we don’t know when changes take place. We don’t want to give you incorrect information. I wouldn’t answer a question about zoning. We have a planner to answer those questions. Tim (planning) wouldn’t answer a question about recording requirements. We need to focus on our area and we also need to work together.

Does any county represented here today NOT have a planning and zoning administrator?

(Everyone seemed to have one and it was decided that smaller counties may have a regional planning and zoning administrator)

We’re going to get into more details about splits so you have some general information but I think the best advice I can give you is:

Either you or your customer needs to contact the planner of the jurisdiction in question. Is it in a city or out in the county? The first thing the planner will do is to determine for sure what jurisdiction. That is not always easy. There are many properties on a line. Once the planner determines the jurisdiction they can start asking more questions like how many acres and how is the land going to be used. Maybe the split in question is exempt from planning requirements. In ClayCountyTim would then direct you to the Auditor’s Office where a survey might be required.

Again my advice is to contact the planner of the jurisdiction and go from there.”

After that introduction, a questions and answer session was led by Peg Palmes. There were four planners present to answer questions. They are as follows – Michael Zimney, Cass County Planner, Jim Gilmour, Fargo Planning Director, Tim Magnusson, Clay County Planning & Zoning Director and Deb Martzahn, Moorhead City Planner.

QUESTION: What are your jurisdictions?

ANSWERS: Fargoregulates all splits in the incorporated city limits and the extraterritorial area that is 4 miles outside the city limits.

Cass County Planning regulates outside of the city limits and townships also regulate the zoning.

ClayCounty regulates zoning and subdivisions outside of cities and the planning is over the townships. Hawley and Moorhead have a 2 mile extraterritorial area which they regulate.

Moorhead regulates all splits and zoning in their incorporated city limits and the extraterritorial area that is 2 miles outside the city limits.

QUESTION: A person would like to move a mobile home on their parent’s rural site and build later. Can they do this?

Clay County – the second dwelling would be a split and would have to be split into a lot according to the size of the county requirement.

CassCounty – could not force them to split the land first. The township may make them split the parcel.

QUESTION: Do you need a survey when it is discovered that an existing garage is 2 feet on the neighbor’s lot?

All agreed that you may need an attorney. Some type of survey would be needed. When you need a survey, all entities just require a surveyor that is licensed in their state.

Moorhead – try to buy the feet from the neighbor. CallCity planner first to discuss this problem. There may be a boundary shift required.

ClayCounty – hope it’s an undeveloped acreage or lot that needs to be acquired. Survey would be required. If Planning and Zoning doesn’t need a survey, the Auditor would want one. Whenever there is a metes & bounds legal description, surveys are require.

Cass – if an undeveloped area you wouldn’t need a survey – non ag has to be platted. Have a new legal to add the feet. A farm site wouldn’t need a plat.

Fargo – Boundary line is exemption and a boundary line adjustment plat would be required.

QUESTION: Your parents give each sibling 40 acres. Do you need a survey?

Clay County – This is a gray area. There is only one residence allowed per 40 acres in ag zoned area. There would be to be access to the land. May require survey.

CassCounty – if the land is for ag use there would be no plat and no planning commission approval. If they are going to build, platting may be required.

Fargo – says you have to plat it unless its ag zone- under 10 acres needs to be subdivided

Moorhead – any land under 20 acres there is a problem.

QUESTION: How many acres are needed to build?

Moorhead – has many density requirements. Go to their web site or contact planning on the different categories.

ClayCounty – has a minimum lot size of 1½ acres so there is room for sewage systems and wells.

CassCounty – minimum size is regulated by the townships.

Fargo – has many density requirements. Go to their web site or contact planning on the different categories.

QUESTION: How many acres are required for horses?

Fargo – 10 acres

Cass – it varies from township to township – check for covenants as to animal units allowed

Clay – rural subdivisions – 5 acres - up to 3 horses fenced inside of property line. 1 horse per acre.

Moorhead – need a conditional use permit in Oakport

QUESTION: What rules apply for splitting of lot for townhomes?

Moorhead – need a survey which is now $200 so builders are starting to do it during platting.

Clay – N/A

Cass – N/A

Fargo – split lot after its built – need survey

Clay County Auditor would require a survey

Clay County Recorder would require a survey if TORRENS property.

QUESTION: Who assigns addresses?

City assessors assign addresses.

ClayCountyGIS assigns addresses.

QUESTION: Can you mortgage only house farm site of about five acres on a farm?

Fargo – you could ask for two tax parcel numbers for tax purposes but couldn’t sell the parcel numbers separately because there is no transfer of title.

Clay – if they want a separate parcel number they have to go through the split process and obtain a survey.

QUESTION: When there is a farmstead can it be subdivided?

Moorhead – has an urban expansion district within their two mile jurisdiction and probably would not happen.

Clay –it would need to be platted and approved. There is only a one road access allowed on township or county roads now. The townships would have to approve if they were going to take care of the road.

Cass – they allow one lot per 40 acres in ag area; 1-4 lots have their own water and sewer systems; 5-12 – rural water, sewer, paved roads and sidewalks have to be provided; over 12 lots must be developed within the city.

Fargo – with their ET area only two lots are allowed on 10 acres.

Some of the handouts from the planners are in attachment files.

Other Business:

Peg Palmes informed the group that there is a class action suit regarding fees collected at the time of closings for documents and not recording them. If you collect a fee and don’t use it, it appears that you better have a process in place to take care of refunds or you may face a lawsuit.

Next meeting April 11, 2007, Moorhead City Hall Chamber - 2:00 P.M.

Respectfully submitted,

DiAnn Streifel

Clay CountyChief Deputy Recorder