Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Legal Update – Zoning vs. Subdivision Ordinances

By Tom Terrell on September 3, 2009
Email this postTweet this postLike this postShare this post on LinkedIn

            This week the N.C. Court of Appeals published Tonter Investments v. Pasquotank County, an appeal by a developer who purchased three tracts of land before the county adopted an ordinance requiring all newly subdivided land to have at least 25 feet of road frontage and be within 1,000 feet of a public water supply.

             The developer alleged that this was a local government’s attempt to bypass state laws allowing lots ten acres and larger to be created without being considered subdivisions.  

             The court noted that counties have broad powers to regulate land but agreed that they have limited powers to regulate subdivisions. As such, a county may not adopt a subdivision ordinance governing lots greater than ten acres in size.  The court reasoned that the ordinances did not prevent subdivisions larger than 10 acres and that lots exempt from subdivision control are nonetheless still under zoning control.  The court upheld the ordinance as a valid exercise of zoning powers.

Tom Terrell

Terrell_TomMr. Terrell is widely regarded as one of North Carolina’s leading land use attorneys, representing both private and governmental entities in matters related to real estate development. His practice “footprint” covers the state from the mountain counties to the coast and occasionally includes…

Terrell_TomMr. Terrell is widely regarded as one of North Carolina’s leading land use attorneys, representing both private and governmental entities in matters related to real estate development. His practice “footprint” covers the state from the mountain counties to the coast and occasionally includes parts of Virginia and South Carolina. His many clients are involved in commercial and residential real estate, solid waste hauling and disposal, telecommunications, quarries/asphalt and miscellaneous litigation related to permit denials, vested rights and rezonings.

He has published numerous articles and speaks regularly to legal, governmental and business groups on a variety of issues related to land use and zoning.

Mr. Terrell has served as a leader in numerous civic and legal endeavors, including Chairman of the Board of Trustees of the N.C. State Health Plan, Chairman of the Board of Trustees of Winston-Salem State University, and service on the Board of Directors of the UNC-CH General Alumni Association, Board of Directors of the High Point Chamber of Commerce, Board of Visitors of Guilford College and Board of Center Associates of the Center for Creative Leadership, and as a founding member of the N.C. Bar Association Zoning, Planning and Land Use Section.

More information can be found at https://www.foxrothschild.com/thomas-e-terrell-jr/.

Mr. Terrell can be contacted at mailto:tterrell@foxrothschild.com.

Read more about Tom TerrellEmail
Show more Show less
  • Posted in:
    Administrative and Regulatory
  • Blog:
    NC Legal Landscapes
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo