There is a Colorado land law most owners have never heard of, but that changes the math on hundreds of land deals every year. Under C.R.S. § 29-20-104.5(b), if you divide land into parcels of 35 acres or more, you are generally exempt from county subdivision regulations — no plat, no public hearing, no six-month approval process. A 140-acre parcel can become four separate 35-acre parcels by deed alone, dramatically increasing the number of potential buyers and often the price per acre. But the exemption has real limits, and misunderstanding them has killed deals. This guide explains what the 35-acre exemption actually covers, where it breaks down, and how to sell exempt parcels quickly. Call 970-478-1022 — we buy 35-acre exempt parcels regularly.
Colorado law grants counties authority to regulate subdivision of land. "Subdivision" is defined at C.R.S. § 30-28-101(10)(a) — and that definition explicitly excludes "the division of land into parcels each of which contains thirty-five or more acres." This means: if every parcel created by a division is at least 35 acres, the county's subdivision regulations don't apply. No plat. No planning commission hearing. The split is accomplished by a recorded metes-and-bounds deed.
A single 140-acre parcel has a limited buyer pool — only buyers who want and can afford 140 acres. Divide it into four 35-acre parcels and you have four separate potential sales. Each parcel is independently financeable, independently taxable, and independently marketable. Price per acre typically goes up when parcel size drops to 35–50 acres because the buyer pool is far larger.
Title companies insure 35-acre exempt divisions, but they review carefully: was each parcel actually 35+ acres? Was an access easement created? Are there HOA covenants prohibiting division? Done correctly, the insures cleanly. Done sloppily — no express access easement, vague legal descriptions — expect Schedule B exceptions that will kill retail sales.
Check your county's subdivision regulations. Most Colorado counties follow the state exemption. Boulder, Larimer, Jefferson, and a handful of others have additional requirements — 10 minutes on the phone with the county planning department will tell you exactly where you stand.
Even though a formal plat isn't required, get a licensed Colorado land surveyor (C.R.S. § 12-120-301) to monument the corners and prepare metes-and-bounds descriptions for each new parcel. Title companies are far more willing to insure with a surveyed description. Cost: $1,500–$4,000 depending on terrain and parcel size.
If any parcel will not have frontage on a public road, create an express access easement in the division deed — specify width, location, maintenance obligations, and which parcel is dominant and which is servient. Do not rely on easement by necessity later.
If the original parcel carried decreed water rights under C.R.S. § 37-92-103, those rights may need to be allocated to each new parcel through the Water Court before closing. Un-apportioned water rights on divided land create title exceptions. See our Colorado water rights guide for details.
Prepare and record the deed(s) conveying each new parcel at the county clerk and recorder under C.R.S. § 38-35-109. After recording, each parcel appears separately in the county assessor's records and can be independently bought and sold — or sold to a single buyer like us in one transaction.
Saguache County, 280 acres divided into four 70-acre parcels: Owner had held 280 acres for years but couldn't sell the block — too large for most buyers in that market. We advised using the 35-acre exemption, creating four 70-acre parcels with separate access easements. We bought two immediately in one cash transaction; the owner sold the other two to neighboring ranchers over the following year. Total proceeds significantly exceeded what the 280-acre block would have fetched.
Las Animas County, 140 acres — one parcel came out at 31 acres: Owner had informally divided the parcel and one piece came out below 35 acres. That parcel didn't qualify for the exemption and needed county subdivision approval. We bought the three qualifying parcels and helped him navigate the county process for the fourth.
Park County, HOA deed restriction conflict: Owner tried to use the 35-acre exemption on 90 acres subject to HOA covenants prohibiting division without board approval. The exemption didn't help — HOA restrictions are private law, not county regulation. HOA approval took 4 months. We bought both resulting parcels at closing immediately after approval.
See also: Colorado land valuation, survey costs, and selling vacant land.
Get answers to common questions about selling your land
Colorado law excludes divisions of land into parcels of 35+ acres from county subdivision regulations under C.R.S. § 30-28-101(10)(a) and § 29-20-104.5(b). You can divide land into 35-acre parcels without a formal plat, planning commission hearing, or county subdivision approval process.
Most counties follow the state exemption, but some — including Boulder, Larimer, and Jefferson — have adopted more restrictive regulations under C.R.S. § 29-20-104.5(c). Always verify with your specific county planning department before assuming the exemption applies.
No survey is legally required, but you should get one. Without a surveyed legal description, title companies may refuse to insure the new parcels, and buyers cannot obtain financing. A boundary survey for a 35-acre exempt division typically costs $1,500–$4,000.
No. The exemption only avoids subdivision regulation. You must independently create legal access to each parcel — either through a recorded express easement in the division deed, or by confirming each parcel has direct frontage on a public road. Landlocked parcels are unmarketable and unfinanceable.
Yes, if both resulting parcels are 35+ acres, the division qualifies for the exemption in most Colorado counties. The division is accomplished by a recorded deed with metes-and-bounds legal descriptions for each parcel — no plat required.
In most rural Colorado markets, price per acre goes up when you break a large block into 35-acre parcels because the buyer pool is much larger. A $2,000/acre price for a 200-acre block can often become $3,000–$3,500/acre on four 50-acre parcels — meaningfully increasing total proceeds.
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