Improperly Divided Parcels (IDP)

Do you have property in Archuleta County less than 35 acres in size, located outside of a recorded Subdivision?  If so, you should check to make sure it is a Legal Lot.  If not, you have a one-year opportunity to make your property a Legal Lot by Resolution in 2019.

Resolution 2019-123 extended the deadline for submitting applications for designation of legal lot status until May 31, 2020. Please submit your application to the Planning Department no later than May 31, 2020 to take advantage of this opportunity.

Any parcel under 35 acres created since 1972 (when SB35 was passed by the Colorado Legislature) must be approved by the Board of County Commissioners through Subdivision Review, or exempted from Review, according to Colorado Statutes CRS §30-28-101(10)(a). Archuleta County Board of County Commissioners have adopted Resolution 2018-54 providing a one-time process to legalize by exemption certain Improperly Divided Parcels (IDPs) which have not been previously reviewed and approved.  This under 35-acre exemption is available for parcels recorded with the Archuleta County Clerk & Recorder's Office between 9/1/1972 and 5/23/2006.

Legal Lot: A Lot, Parcel or Tract of land created prior to September 1, 1972; or after that date by Subdivision Review or exempted from Subdivision Review by the Board of County Commissioners.

If your lot is in a legal Subdivision, the IDP application does not generally apply.  This includes the Town of Pagosa Springs, or neighborhoods like PLPOA's subdivisions, Aspen Springs, San Juan River Village, etc., as shown on the Legal Description line of the Assessor's online records (see our Portico GIS map).  If you have a Resolution of the Board approving the division of your land, then Resolution 2018-54 does not apply--the County Assessor's Office may be able to help locate copies of Resolutions.  NOTE: Sometimes a Survey is listed that never completed Subdivision Review by the County Board, when in doubt, drop us an email with your property info.

IDP Applications are now being accepted.  The Board updated application fees effective 5/21/2019.

* Section 2 Vacant Parcel, $150

* Section 3 Parcel with Structure having a Certificate of Occupancy or Built prior to 1996, $0 (no fee)

* Section 4 Parcel with Structure having no Certificate of Occupancy (built after 1996 or insufficient documentation), $300

You will need some or all of the following supporting documents, as noted on the IDP Application:

* Recoded Deed--Copy of your current deed with recording stamp from Archuleta County Clerk & Recorder.
* Narrative how IDP Created--Explain how the tract of land was created, include earliest recorded deed after 9/1/72. The Archuleta County Assessor's Office may be able to assist.
* Proof of Access to a Public Road--This may be attached to your deed or recorded separately. If your tract fronts a public road, then you may need to provide a copy of your Road & Bridge Access permit if a driveway is in place.
* Site Sketch or Assessor's GIS (Portico) map online.
* List of Current Uses--Is the property vacant? One house? Two houses? Any barns or other structures?
* C.O./Structure Built Prior 1996--Homes built after 1996 should have a Certificate of Occupancy (C.O.). If you have structures of any occupancy built in 1996 or earlier, the Assessor should have date of construction in their records--if not, contact the Planning Dept.
* Structures with No C.O.  If you have structures built after 1996 on an Improperly Divided Parcel, you may need additional documentation that structure met Building Code & Land Use requirements at the time of construction.
* Well/Septic permits.  In certain cases, provide copes from State Engineer's Office and/or San Juan Basin Public Health.
* Proof taxes pad--Submit your IDP Application after this year's tax payments have been made.

The Archuleta County Clerk & Recorder's Office and the Archuleta County Assessor's Office are located in the historic Courthouse, downtown Pagosa Springs.  Development Services--Building & Planning Departments are located at the Public Works facility, 1022 Hwy 84.