How to Get a First Cut on Your Subdivision in Connecticut

First Cut on Your Subdivision

In Connecticut, subdividing land is governed by detailed local and state regulations. However, the state offers a valuable exception known as the “first cut” — a simplified way to divide your property into two legal lots without undergoing the full subdivision process. Also referred to as a “free split”, this process allows landowners to unlock development or sales value from their property more easily, provided the parcel meets specific criteria.

This expanded guide explains the first cut process in depth: what it is, when it applies, the legal framework, what documentation is required, common mistakes to avoid, and how to ensure your first cut is properly recorded and protected.

What Is a First Cut?

Under Connecticut General Statutes §8-18, a “subdivision” is legally defined as the division of a tract or parcel of land into three or more parts. Therefore, splitting a parcel into just two lots — as long as it meets zoning and legal criteria — may not count as a subdivision at all. This is commonly referred to as a “first cut” or **”free split.”

Key Points:

• A first cut is a one-time division of land into two lots.

• The newly created lots must meet all applicable zoning regulations (minimum lot area, frontage, setbacks, etc.).

• The land must be an original parcel — i.e., not previously subdivided after the adoption of subdivision regulations in your town.

• Each town determines whether a parcel qualifies based on its own subdivision regulations and record history.

This process exists to allow longtime landowners or families with larger parcels to divide their land once without extensive permitting, helping preserve equity and flexibility.

Why Consider a First Cut?

There are several practical, financial, and strategic reasons why landowners pursue a first cut:

• Sell part of your land without selling the whole property

• Build a new home for a family member on a second lot

• Unlock equity in your land through development

• Preserve family land across generations while keeping it legal and compliant

• Avoid the cost, time, and complexity of a full subdivision

If you’re not planning to divide your land into three or more lots, the first cut is often the most efficient and cost-effective path to achieve your goals.

Step-by-Step Process for a First Cut

1. Review Local Zoning and Subdivision Rules

Each town in Connecticut has adopted its own zoning and subdivision regulations. These determine whether a parcel qualifies for a first cut and under what conditions. Visit or contact your Town Planning or Zoning Office to:

• Confirm the zoning district of your property (e.g., R-40, R-80, commercial, etc.)

• Understand the minimum lot size, frontage, and setback requirements

• Ask for a copy of the first cut or free split procedure, if available

📝 Pro Tip: Some towns require the parcel to have been in continuous ownership since before the subdivision regulations were enacted — often the 1950s or 1960s.

2. Determine Eligibility for a Free Split

To qualify for a first cut:

• The land must be a single legal parcel that predates subdivision regulations.

• It must not have been subdivided since those regulations were adopted.

• It can only be divided once under the free split rule. Future divisions trigger a full subdivision application.

If your land has been previously split — even decades ago — it may no longer be eligible for the free cut. Check your property deed history or consult a real estate attorney or title search company.

3. Hire a Licensed Land Surveyor

You’ll need a Class A-2 boundary survey showing:

• The existing property boundaries

• The proposed new lot line location

• All buildings, driveways, septic systems, and wells

• Setbacks and zoning compliance notes

The surveyor will determine the frontage and lot area of each proposed lot, ensuring they comply with local zoning rules.

4. Consult the Local Health Department (if on septic or well)

If the lots will use private septic and well, the local Health District must approve each lot’s viability. This involves:

• Soil testing (percolation tests and deep pits)

• Preliminary septic system design

• Well site approvals

🚨 You cannot legally create a buildable lot that lacks septic/well feasibility. The health district may require tests before granting final approval for the lot split.

5. Submit the Free Split Application

If your town supports first cuts, it may have a streamlined application that includes:

• Application form

• Copies of the proposed survey

• Abutter list (sometimes required, even if no public hearing)

• Title documentation

• Septic/well suitability letter from the Health Department

• Small administrative fee (if applicable)

Towns like Ledyard, Salem, and Old Lyme have formal processes, often requiring a staff-level review and approval by the Zoning Enforcement Officer or Town Planner.

6. Record the Approved Map

Once the split is approved:

• Your surveyor prepares a mylar version of the approved survey map.

• The Planning Department signs the map.

• You file the signed mylar with the Town Clerk.

📌 The new lots do not legally exist until the mylar is recorded.

Once recorded, the lots receive new parcel IDs and addresses, and can be developed, sold, or financed independently.

Common Pitfalls to Avoid

❌ Assuming It’s Automatic

Just because you own enough land doesn’t guarantee a first cut is allowed. Always check with your town before proceeding.

❌ Ignoring Environmental Constraints

Lots that appear large may have wetlands, steep slopes, or floodplains that limit buildability. These factors could disqualify a parcel from being split.

❌ Cutting Without a Survey

You must file a surveyed map to legally divide land. Writing new descriptions into a deed without a survey and town approval is a violation.

❌ Overlooking Shared Infrastructure

If your existing home shares a driveway, utility pole, or septic system with the new lot, you’ll need legal easements and maintenance agreements to record with the split.

Estimated Costs for a First Cut

Item	Estimated Cost
Land Survey	$2,500 – $4,500
Title Search/Legal Review	$500 – $1,500
Soil Testing (if needed)	$800 – $2,000
Health Department Fee	$250 – $500
Application/Admin Fee	$0 – $500
Recording Fees	$100 – $300

💡 Total Cost Range: $4,000 – $9,000, depending on complexity and site conditions.

This is significantly cheaper than a full subdivision, which often costs $15,000 – $75,000+.

Example Scenario: Family Land Division

• Location: Woodbury, CT

• Zoning: R-60 (1.5 acre minimum)

• Original Parcel: 4.3 acres owned since 1962

• Objective: Create one lot for daughter to build a home

• Approach:

  • Confirmed eligibility with Planning Department

  • Surveyed and split into two lots: 2.1 acres and 2.2 acres

  • Passed Health Department septic testing

  • Approved in 45 days

  • Recorded with the Town Clerk

🏡 Outcome: Two legal, buildable lots — no public hearing, no commission meeting, no subdivision fees.

Legal Protections and Compliance

➤ Always Record the New Map

The subdivision is not legal until the signed mylar is recorded with the Town Clerk.

➤ Confirm Ownership Continuity

If the land has changed hands since the 1960s or was previously split, the exemption might not apply.

➤ Prepare Easements in Writing

Shared driveways, drainage, or utilities require legal easements and should be recorded.

➤ Use a Real Estate Attorney

For any property transfer, legal interpretation of subdivision status, or to draft shared-use documents, consult a Connecticut land use attorney.

Conclusion

A first cut or free split is a unique, one-time opportunity to legally divide your land without the cost and burden of a formal subdivision. By confirming eligibility, complying with zoning, and filing the correct documents, Connecticut landowners can make the most of their land while staying protected.

If you’re considering subdividing your property, always begin with your local planning department and consult with a licensed surveyor and real estate attorney to ensure your first cut is done right.

Would you like this published as a dedicated webpage or exported as a printable one-pager with visuals?

• Determining The Value of Land
• Land For Sale Near Me
• Land Surveyors in Connecticut
• Turn Your Land Into A Legacy
• Subdividing Land in Connecticut