House Committee of Reference Report
Committee on Transportation, Housing & Local Government
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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March 17, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1308 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 6, line 5, strike "area;" and substitute "area,
Page 1, Line 2as defined in section 29-35-103;".
Page 1, Line 3Page 6, strike lines 8 through 11 and substitute:
Page 1, Line 4"(3) "Lienholder" means the holder of an evidence of debt.
Page 1, Line 5 (4) "Lot split" means the process of subdividing an
Page 1, Line 6original lot into two new lots.".
Page 1, Line 7Page 6, line 20, strike "approve the" and substitute "approve a lot".
Page 1, Line 8Page 6, strike lines 22 and 23 and substitute:
Page 1, Line 9"(a) The lot split does not create a new lot that is smaller
Page 1, Line 10than one thousand two hundred square feet in area;".
Page 1, Line 11Page 6, line 26, strike "forty" and substitute "thirty".
Page 1, Line 12Page 7, after line 3 insert:
Page 1, Line 13"(e) It is feasible for:
Page 1, Line 14(I) Both of the new lots to be accessed due to abutment to
Page 1, Line 15a public or private street or by use of an access easement, which
Page 1, Line 16may include shared common access;
Page 1, Line 17(II) Utility easements to serve both new lots; and
Page 1, Line 18(III) Both new lots to meet the requirements of articles
Page 1, Line 1950, 51, 52, and 53 of title 38;".
Page 1, Line 20
Page 2, Line 1Reletter succeeding paragraphs accordingly.
Page 2, Line 2Page 7, after line 7 insert:
Page 2, Line 3"(2) In accordance with subsection (1) of this section, a
Page 2, Line 4subject jurisdiction may establish procedures to review and
Page 2, Line 5accept information related to a proposed lot split, including lot
Page 2, Line 6information related to:
Page 2, Line 7(a) Property ownership;
Page 2, Line 8(b) Physical characteristics of the lot, including geology
Page 2, Line 9and soils;
Page 2, Line 10(c) Proposed new lot lines and new lot areas;
Page 2, Line 11(d) Adequacy of water supply, sewer service, and drainage
Page 2, Line 12systems to serve the new lots;
Page 2, Line 13(e) Adequacy of electric power and natural gas service
Page 2, Line 14to serve the new lots;
Page 2, Line 15(f) Dedication for schools, parks, streets, and other
Page 2, Line 16public areas, or payment of money in lieu of such dedication; and
Page 2, Line 17(g) Guarantees of necessary public improvements.".
Page 2, Line 18Renumber succeeding subsection accordingly.
Page 2, Line 19Page 8, after line 4, insert:
Page 2, Line 20"(4) A subject jurisdiction:
Page 2, Line 21(a) Shall not apply a setback standard that requires a
Page 2, Line 22setback from the lot line adjoining two new lots created
Page 2, Line 23through a lot split in accordance with this section if no
Page 2, Line 24structure existed on the original lot immediately preceding the
Page 2, Line 25lot split; and
Page 2, Line 26(b) May apply a setback standard that requires a setback
Page 2, Line 27from the lot line adjoining two new lots created through a lot
Page 2, Line 28split in accordance with this section if a structure existed on
Page 2, Line 29the original lot immediately preceding the lot split and if the
Page 2, Line 30setback is equal to or less than five feet.
Page 2, Line 31(5) Nothing in this part 5 shall be construed to supersede,
Page 2, Line 32invalidate, or limit the enforceability of private covenants,
Page 2, Line 33conditions, or restrictions recorded against the original lot,
Page 2, Line 34except as expressly provided by law.".
Page 2, Line 35Page 8, lines 5 and 6, strike "holder of an evidence of debt constituting
Page 2, Line 36a residential mortgage loan" and substitute "lienholder".
Page 2, Line 37
Page 3, Line 1Page 8, lines 8 and 9, strike "debt constituting a residential
Page 3, Line 2mortgage loan," and substitute "debt,".
Page 3, Line 3Page 8, lines 9 and 10, strike "the split of the original lot" and
Page 3, Line 4substitute "a lot split".
Page 3, Line 5Page 8, line 14, strike "holder." and substitute "lienholder.".
Page 3, Line 6Page 8, strike line 15 and substitute:
Page 3, Line 7"(2) The written consent of the lienholder must be
Page 3, Line 8executed in a form that is eligible for recording in the real
Page 3, Line 9property records of the county in which the original lot is
Page 3, Line 10located and must include the".
Page 3, Line 11Page 8, line 17, before "signature" insert "notarized".
Page 3, Line 12Page 8, line 18, strike "holder;" and substitute "lienholder;".
Page 3, Line 13Page 8, line 21, strike "and".
Page 3, Line 14Page 8, line 23, strike "records." and substitute "records, including any
Page 3, Line 15easements and encumbrances.".
Page 3, Line 16Page 9, line 2, after "split." add "A lot split that is approved before
Page 3, Line 17the written consent of the lienholder has been obtained and
Page 3, Line 18recorded is void.".
Page 3, Line 19Strike "holder" and substitute "lienholder" on: Page 8, lines 11, 13,
Page 3, Line 2017, 24, and 27.