The purpose of these regulations is to regulate and control the division of land within Dorchester County in order to promote the public health, safety and general welfare of the county.
It is the general intent of these regulations to regulate the division of land to:
A. 
Assure sites suitable for building purposes and human habitation and to provide for the harmonious development of Dorchester County.
B. 
Coordinate existing streets and roads with proposed streets and roads.
C. 
Ensure adequate open space for traffic, recreation, light and air.
D. 
Further the orderly and appropriate development of land.
E. 
Regulate the flow of traffic in the streets, roads and highways.
F. 
Facilitate adequate provision for transportation, water, sewerage, schools, parks and other public facilities.
G. 
Guide the future growth and development of the county in accordance with the Comprehensive Plan.
H. 
Protect and conserve the value of land throughout the county and the value of buildings and improvements on the land and to minimize the conflicts among the uses of land and buildings.
I. 
Establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further
J. 
the orderly layout and use of land and to ensure proper legal descriptions and monumenting of subdivided land.
K. 
To preserve the natural beauty and topography of the county and to ensure appropriate development with regard to these features.
These regulations may be cited as the "Dorchester County Subdivision Regulations."
A. 
Application. These regulations shall apply to all land located within the unincorporated area of Dorchester County, Maryland. The following transfers shall be exempt from strict application of these regulations, provided that they do not involve any land which was part of a recorded subdivision plat recorded after March 14, 1972:
[Amended 10-20-1998 by Ord. No. 256; 9-24-2002 by Ord. No. 309; 3-15-2005 by Bill No. 2005-4; 4-15-2008 by Bill No. 2008-7]
(1) 
Adjoining of parcels.
(a) 
The adjoining of parcels, provided that if the parcels jointly are needed to meet the minimum provisions of the Dorchester County Zoning Ordinance,[1] that the deed and plat transferring such land shall conspicuously contain the following paragraph or note in caps and bold print: "The parcel(s) being adjoined is exempt from the Dorchester County Subdivision Regulations under § 140-4A(1). This combined parcel (identify individual parcels) shall, hereinafter, be construed as a single parcel until and unless it is subsequently subdivided in accordance with the Dorchester County Subdivision Regulations."
[1]
Editor's Note: See Ch. 155, Zoning.
(b) 
The grantee of the parcels intended to be joined shall amend or confirm any lien instrument to include the said land.
(c) 
Development rights do not convey unless specified on the plat. A statement shall be printed across the portion of the parcel being joined which clearly states "adjoining of lots or parcels may result in the loss of development rights."
(d) 
A plat shall be prepared showing the parcels being joined. The plat shall meet the pertinent standards for preparation of a preliminary plat as outlined in § 140-16A and B(1) and (2) or as determined by the Director of Planning.
(e) 
The plat shall be reviewed and approved (signed) by the Director of Planning or his designee for conformity with zoning regulations.
(f) 
The grantee and grantor shall certify that he/she/they adopt the plan and said plat shall be recorded.
(2) 
Exchanges of land. The exchange of land between adjoining property owners, provided that:
(a) 
The portion being transferred is not needed to meet the requirements of the Dorchester County Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 155, Zoning.
(b) 
The portion being transferred is not to be used as a separate lot and the grantee of the parcel to be transferred shall amend or confirm any lien instrument to include the said land.
(c) 
The deed and plat transferring such land conspicuously contains, in the body or foot, immediately after the description of the land in the deed and on the plat, the following paragraph or note in caps and bold print: "The parcel(s) being transferred is exempt from the Dorchester County Subdivision Regulations in accordance with § 140-4A(2). This parcel cannot be sold or transferred and shall, hereinafter, be construed as a portion of the parcel described (deed reference or legal description) until and unless it is subsequently transferred in accordance with the Dorchester County Subdivision Regulations."
(d) 
Development rights do not convey unless specified on the plat. A statement shall be printed across the portion of the parcel subject to the exchange, clearly stating, "not a separate building lot."
(e) 
The grantee and grantor shall certify that he/she/they adopt the plan and said plat shall be recorded.
(f) 
The parent or originating parcels may be greater than five acres, however the parcel or parcels being exchanged shall not exceed five acres in total area.
(g) 
A plat shall be prepared showing the parcel or parcels to be exchanged. The plat shall meet the pertinent standards for preparation of a preliminary plat as outlined in § 140-16A and B(1) and (2) or as determined by the Director of Planning.
(h) 
The plat shall be reviewed and approved (signed) by the Director of Planning or his designee for conformity with zoning regulations.
(3) 
Division of land for agricultural purposes. The division of land for agricultural purposes, including marshland and woodlands, provided that:
(a) 
The tracts shall be five acres or more and the remainder parcel shall be at least five acres.
(b) 
The parcel being transferred is not intended for nonagricultural development purposes.
(c) 
The parcel being transferred is not improved with a dwelling, well, or any other use or structure other than usual agricultural structures.
(d) 
The deed and plat transferring such land conspicuously contains the following paragraph or note in caps and bold print: "The parcel(s) being transferred is exempt from the Dorchester County Subdivision Regulations in accordance with § 140-4A(3). This parcel is not approved as a lot for nonagricultural development purposes until or unless a plat drawn to scale showing the proposed development is approved by the Dorchester County Planning Commission, Dorchester County Health Department, Dorchester County Highway Department and/or any other agency that would normally approve the lot had it originally been established for development purposes."
(e) 
Development rights do not convey unless specified on the plat. A statement shall be printed across the portion of the parcel subject to the transfer stating "not an approved building lot." However, if development rights are being transferred, the number of development rights conveyed shall be indicated in a prominent location on the plat.
(f) 
The property does not have a business or industrial zoning designation.
(g) 
A plat shall be prepared showing the parcel to be divided. The plat shall meet the pertinent standards for preparation of a preliminary plat as outlined in § 140-16A and B(1) and (2) or as determined by the Director of Planning.
(h) 
The plat shall be reviewed and approved (signed) by the Director of Planning or his designee for conformity with zoning regulations.
(i) 
The grantee and grantor shall certify that he/she/they adopt the plan and said plat shall be recorded.
(4) 
Transfer of land for public purposes. Provided that the provisions of this subsection are complied with, the subdivision and transfer of land for the sole purpose of conveyance to the United States of America, the state or any political subdivision of the State of Maryland or to any public instrumentality for public purposes is exempt from the chapter.
(a) 
The parcel being subdivided and transferred must be intended to be transferred to the United States of America, the state or any political subdivision of the State of Maryland or to any public instrumentality for public purposes.
(b) 
The subdivision of the parcel intended for transfer shall not cause the residue of the land of the property owner, not being transferred, to be in violation of Chapter 155, entitled "Zoning" of the Dorchester County Code.
(c) 
A plat shall be prepared clearly showing the parcel to be transferred. The plat shall meet the pertinent standards for preparation of a preliminary plat as outlined in § 140-16A and B(1) and (2) or as determined by the Director of Planning. The property owner shall submit the plat to the Director for review, certifying that an exemption is being requested under this subsection and reflecting the parcel being transferred.
(d) 
If upon review, the Director finds that the property owner requesting exemption has complied with the provisions of this subsection, the Chairman of the Dorchester County Planning Commission shall certify on the plat that the transfer is exempt under the provisions of this subsection and the property owner or Director shall record the plat among the Plat Records of Dorchester County, Maryland. The plat shall conspicuously contain the following paragraph under the signature of the Director:
"The parcel being transferred is exempt from the Dorchester County Subdivision Regulations in accordance with Section 140-4A(4) of Chapter 140 of the Dorchester County Code provided the deed of conveyance for the parcel being transferred to the United States of America, the State or any political subdivision of the State of Maryland or to any public instrumentality is recorded among the Land Record Books of Dorchester County, Maryland within one year from the date of recordation of the plat."
(e) 
The deed of conveyance shall be recorded among the Land Record Books of Dorchester County, Maryland, within one year from the date of recordation of the plat.
(f) 
The deed transferring such land shall conspicuously contain, in the body or foot of the deed the following paragraph: "The parcel being transferred is exempt from the Dorchester County Subdivision Regulations in accordance with § 140-4A(4) of Chapter 140 of the Dorchester County Code."
(g) 
Should the property owner fail to convey such land to the United States of America, or the state or any political subdivision of the State of Maryland or to any public instrumentality or fail to have such deed recorded within one year from the date of recordation of the plat, then in that event, the exemption and plat approval shall terminate and the plat shall be null and void and utterly without legal effect. In such case, the Director shall file and record a notice of revocation of the approval of the exemption and plat among the Land Record Books of Dorchester County, Maryland, indicating the revocation of the exemption and plat approval. Upon such revocation, the Director shall mail a copy of the notice of revocation to the following:
[1] 
Dorchester County Health Department.
[2] 
Dorchester County Planning Commission.
[3] 
Dorchester County Highway Department.
[4] 
The County Commissioners of Dorchester County.
[5] 
Dorchester County Soil Conservation District Office.
[6] 
The property owner.
[7] 
The Dorchester County Sanitary Commission, if the property lies within a sanitary district or service area.
[8] 
The governmental agency to which the transfer of the parcel was intended.
[9] 
Any other interested party the Director deems appropriate.
B. 
Greater restrictions to prevail. The provisions of these regulations shall be held to be the minimum requirements to meet the stated purpose and intent of these regulations. Where the provisions of these regulations impose greater restrictions than those of any statute, other regulations or ordinance, the provisions of these regulations shall prevail. Where the provisions of any statute, other regulations or ordinance impose greater restrictions than those of this chapter, the provisions of such statute, regulations or ordinance shall prevail.
C. 
Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive or standards that are higher than the requirements of these regulations and the private provisions are not inconsistent with these regulations or the determinations made under these regulations, then the private provisions shall be operative and supplemental to these regulations and determinations made under the regulations, provided that such private provisions are legal. The county will not be responsible for enforcing any private provisions.