PROTECTION OF HIGHWAYS AND FEEDER STREETS THROUGH SUBDIVISION CONTROLS

EXPERIENCES IN MICHIGAN AND WISCONSIN WITH SUBDIVISION CONTROLS ARE REVIEWED. SUBDIVISION CONTROL TYPICALLY REQUIRES ONE WHO WISHES TO DIVIDE HIS LAND FOR SALE OR BUILDING DEVELOPMENT TO HAVE THE LAND ACCURATELY SURVEYED AND MAPPED AND THE MAP, CALLED A PLAT, APPROVED BY ONE OR MORE OFFICIAL BODIES BEFORE IT CAN BE PUBLICLY FILED OR RECORDED. THIS SUBDIVISION-CONTROL TOOL IS ONE WHICH HIGHWAY OFFICIALS COULD USE TO THE UTMOST ADVANTAGE. WHEN RAW LAND IS BEING PLATTED FOR DEVELOPMENT, THE POWER TO APPROVE OR DISAPPROVE THE PLAT CAN BE USED TO: (1) REQUIRE PERMANENT SETBACKS AND PLANTING STRIPS, (2) ASSURE ACCESS PROTECTION EVEN ON NON LIMITED-ACCESS HIGHWAYS, (3) ASSURE SPACE FOR OFF-STREET PARKING, (4) CONTROL THE ANGLES AT WHICH SIDE STREETS ENTER THE MAIN HIGHWAY, AND (5) ASSURE ADEQUATE DRAINAGE, GRADING, AND SURFACING OF STREETS WITHIN THE SUBDIVISION. A REVIEW IS PRESENTED BY STATE OF THE USE OF SUBDIVISION CONTROLS. STATE ENABLING ACTS AND MUNICIPAL ACTION ARE REVIEWED. A SUMMARY IS PRESENTED OF COURT DECISIONS ON SUBDIVISION CONTROLS. THE MOST RECENT CASES MAKE IT EVIDENT THAT THE BASIC POLICE-POWER LIMITATION OF REASONABLENESS APPLIES IN THIS AREA OF REGULATION AS IN ZONING AND OTHER REGULATORY FIELDS. THE BASIS FOR SUBDIVISION CONTROL IS THE STATE'S POWER TO REGULATE IN THE INTERESTS OF PUBLIC HEALTH, MORALS, SAFETY, GENERAL WELFARE, AMENITIES, FINANCES. STATE HIGHWAY OFFICIALS SHOULD LOOK AT SUBDIVISION CONTROLS TO SEE IF THE STATE ENABLING ACT IS ADEQUATE AS TO (1) ITS GEOGRAPHICAL SCOPE, AND (2) THE QUALITY CONTROLS IT PERMITS, PARTICULARLY AS THEY RELATE TO HIGHWAY PROTECTION.

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  • Accession Number: 00200857
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Jul 7 1994 12:00AM