Notice of Noncompliance and Illegal Subdivisions

The purpose of the letter and this web page is not to make a determination of criminal wrong doing.
This web page is for general information purposes only.

Letters are sent to inform owners that the parcel(s) indicated in Exhibit A of the letter, are noncompliant divisions or subdivisions of land.   It also indicates that a notice of noncompliance will be recorded against the parcel(s) identified in the letter.  

You should also be aware that, as stated in the letter, any further division, subdivision, sale, exchange, or transfer of the parcel may be a violation of Utah State Code and/or BoxElder County ordinances and may be punishable as a criminal offense.

With a few minor exceptions, both Utah State Law and Box Elder County Ordinances require that no single parcel can be divided into two or more smaller parcels without first obtaining formal approval from the County Planning/Zoning, County Surveyor, County Attorney, County Commission and a Recorded Subdivision. Any violation of these requirements constitutes a criminal offense punishable as a misdemeanor.  The Box Elder County Attorney’s Office is looking into the possibility of bringing criminal prosecutions against those who have divided or subdivided parcels in violation of Utah State Law and/or Box Elder County Ordinances.  Those who may have criminal prosecutions brought against them will be contacted at the appropriate time by the Box Elder County Attorney’s Office.

The County Recorder is required by law to record all documents, as long as they are properly prepared according to State of Utah   recording requirements.

The fact that the deed was recorded in the Recorders Office does not indicate that your parcel was approved by Box Elder County or that your parcel was in compliance with the requirements of Box Elder County Ordinances or Utah Code.

The parcels identified in the letters do not currently comply with Box Elder County ordinances.

Both Utah State law and Box Elder County ordinances prohibit any further development, sale, exchange or offer to sell or exchange any parcel which has been created as the result of an improper division or subdivision.

In order to bring your parcel back into compliance, you will need to comply with the requirements of both “The Box Elder County Land Use and Management and Development Code as described in §7.7 and also in the Utah Code as described in §17-27a-601 thru §17-27a-611.

Due to the fact that the Box Elder County Attorney’s Office is looking into the possibility of bringing criminal prosecutions against those who have divided or subdivided parcels in violation of Utah State law and/or Box Elder County Ordinances, we ask that you only contact us about this subject if you have received a letter of noncompliance.

If you have received a letter and have further questions please contact us and provide the following information: your name, the date of the letter, your phone number(s) including area code, and the parcel number.    (The parcel number is in bold above the first legal description.  Example: 09-099-0999)