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by Joe Cornely

Five-acre lots. Developers love them. Farmers don’t. So Farm Bureau is backing an effort in the General Assembly to change Ohio’s subdivision laws in a way that is sensitive to developers’ needs while also better protecting the rights of surrounding landowners.

SB 115, introduced by Sen. Robert Gardner, R-Madison, would give county governments the discretion to review subdivisions of tracts of 20 acres or less. Current law exempts splits greater than 5 acres from such review. This has served as an incentive to divide lots into sizes that have been called "too small to farm and too big to mow."

Larry Gearhardt, OFBF director of local affairs, said farmers favor the review of larger splits. "From a farmer’s point of view, the main reason we would like to see a review is to make sure that drainage is taken care of. That’s for the benefit of the farmer and for the lot owner. What happens is the drainage gets cut off or diverted and you have a wet basement as well as backed up fields." He also said another attraction to the change is that it gives more control to local government. "This will give the counties the ability to determine what’s best for their particular county, how much review there should be over lot splits, it even leaves them with the option to not change the law at all."

Another farmer-friendly provision in the bill states that the first four lots of any size split off an original tract of land won’t need to undergo county review. Gearhardt said this will benefit farmers who want to split off lots for their family members.

The original version of the bill was passed by the Senate. A revised version has been passed out of the House County and Township Government committee. Gearhardt said despite efforts to address their concerns, some developers who oppose the bill have been telling landowners that the proposed law would be harmful to property owners. "There is nothing in the bill that will prevent them from selling lots; there’s nothing in this bill that prevents them from developing their land. I don’t see anything in this bill that decreases any kind of property value. You can still do what you want to do; the simple question is, at a certain size of lot, there’s going to be somebody checking it to make sure that it drains properly, has the right access for mail boxes and fire trucks and things of that nature. We see it as a worthwhile review to make sure that that lot is a buildable lot," Gearhardt said.