Building Permit Eligibility
TETON COUNTY PLANNING & ZONING DEPARTMENT POLICY
Building Permit Eligibility of Previously
Created Parcels
Original Issue Date:
Number of Pages:
7/25/2016
1
Objective: The purpose of this policy is to establish guidelines for identifying parcels with building rights,
also known as a “Lot of Record”.
Background: Since 1979, Teton County Code, Title 9: Subdivision Regulations has been adopted and
provided a process for subdividing land. The adoption of the One Time Only Land Split on June 14, 1999
defined a process for the creation of two (2) parcels of property.
Title 9 has also included an Agricultural Exemption definition since being adopted in 1979 to provide a
process for a bona fide division or partition of agricultural land for agricultural purposes. This definition
was clarified in the September 22, 2003 amendment to Title 9 to clearly state that an agricultural
exemption does not apply to a division for residential building purposes.
Criteria for Determination: No building permit may be issued, nor any approval granted necessary to
develop any property, unless and until said property has been determined to be a lot of record. A “lot of
record” is a lot that was created for the purpose of creating a separate piece of property that has the
ability to obtain a building permit.
For a parcel to be considered a lot of record, its specific boundaries must have been established or set
forth by one of the following means:
A. If the parcel was created BEFORE June 14, 1999:
a. If no more than one (1) new lot of record, two (2) lots of record total, was created:
i. A recorded deed describing the parcel by a metes-and-bounds description of the
existing boundaries (contiguous sub-“lots” or sub-“parcels” described on a single
deed are considered a single parcel); or
ii. A recorded survey, with a metes-and-bounds description, showing the existing
boundaries.
b. If two (2) new lots of record, three (3) lots of record total, or more were created:
i. A signed and recorded subdivision/planned unit development plat or amended
plat; or
ii. A recorded “Family Exemption” survey with a Teton County authorization
signature creating two (2) or more lots of record.
B. If the parcel was created ON or AFTER June 14, 1999:
a. A recorded “One Time Only” survey with a Teton County authorization signature (these
may also be labeled as “Lot Split”, “Land Splits”, or something similar) creating only two
(2) lots of record; or
b. A signed and recorded subdivision/planned unit development plat or amended plat
creating two (2) or more lots of record, or
c. A recorded “Agricultural Exemption” survey recorded prior to September 22, 2003 (these
may be labeled as an “Ag. Split”, “Ag. Break-off”, or something similar) creating one (1) or
more lots of record.