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RB WELTY &ASSOC FAX 209-523-3383 PAGE 04 f statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. "(b) Notwithstanding Section 66428, fulfillment Df tie construction requirements shall not be required until the time a permit or other gant of approval for development of the parcel is issued by the local agency or, T where provided by local ordinances, until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the local agency, except that in the absence of an agreement, a local agency may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the local agency that fulfillment of the construction requirement is necessary for either of the following reasons: "(1) The public health and safety. "(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area." We are informed that a property owner intends to subdivide 80 acres of rural land into four equal parcels_ The county requires a tentative map for such a subdivision. The 80 acres is served by an irrigation canal on one side. If the new parcels are configured parallel to the canal, another canal running perpendicular to the first will be necessary to reach the other three new parcels. Under the terms of section 66411.1, when may the county require the construction of the perpendicular canal? 1. Requiring Installation of Improvements Prior to Parcel Map Approval In 62 Ops.Cal.Atty.Gen. 175 (1979), we concluded that a local agency could not require construction of offsite or onsite improvements to be completed prior to approval of a parcel map. We stated: "The first question concerns whether a local agency can require that improvements in . . . smaller subdivisions [of four or fewer parcels] be completed prior to the recordation of the appropriate map. Since sale of the parcels is generally dependent upon recordation of the map (§ 66499.30, subd. (b)), such a requirement would insure that the improvements were made before sale_ On the other hand, it may be argued that the landowner should not be required to make the necessary improvements until he is ready to develop the property. Based upon an examination of the 3. 94-809