H.B. 68 Enrolled

MUNICIPAL AND COUNTY NOTICE PROVISIONS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Kory M. Holdaway
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; REQUIRING NOTICE TO
NEARBY ENTITIES WHEN A CITY, TOWN, OR COUNTY PROPOSES TAKING CERTAIN
ACTION.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
10-9-103.5, Utah Code Annotated 1953
17-27-103.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-103.5 is enacted to read:
10-9-103.5. Notice to nearby entities.
(1) As used in this section, "predevelopment activity" means a public hearing concerning
or consideration by the planning commission or the municipal legislative body of:
(a) a proposed change in zoning designation;
(b) a preliminary or final plat describing a multiple-unit residential development or a
commercial or industrial development; or
(c) a proposed modification of the municipality's general plan whereby the vehicular
capacity of a municipal road is proposed to be increased.
(2) The planning commission or legislative body, as the case may be, of each municipality
shall provide notice of predevelopment activity occurring in the municipality to the legislative
body of:
(a) each municipality whose boundaries are within one mile of the property that is the
subject of the predevelopment activity; and
(b) each county that has unincorporated territory within one mile of the property that is the
subject of the predevelopment activity.
(3) The notice required by Subsection (2) shall be provided at least seven days before the

predevelopment activity occurs.
(4) A planning commission or municipal legislative body meets the notice requirement of
Subsection (2) by mailing to each appropriate legislative body, at least seven days before the
predevelopment activity occurs, a copy of a planning commission or municipal legislative body
meeting agenda that contains information sufficient to enable a reasonable reader to understand that
predevelopment activity is expected to occur in the municipality and the location of the property that
is the subject of the predevelopment activity.
(5) If notice given under this section is not challenged under Section 17-27-1001 within 30
days after the action for which notice is given, the notice is considered adequate and proper.
Section 2. Section 17-27-103.5 is enacted to read:
17-27-103.5. Notice to nearby entities.
(1) As used in this section, "predevelopment activity" means a public hearing concerning or
consideration by the planning commission or the county legislative body of:
(a) a proposed change in zoning designation;
(b) a preliminary or final plat describing a multiple-unit residential development or a
commercial or industrial development; or
(c) a proposed modification of the county's general plan whereby the vehicular capacity of
a county road is proposed to be increased.
(2) The planning commission or legislative body, as the case may be, of each county shall
provide notice of predevelopment activity occurring in the unincorporated county to the legislative
body of:
(a) each municipality whose boundaries are within one mile of the property that is the subject
of the predevelopment activity; and
(b) each county that has unincorporated territory within one mile of the property that is the
subject of the predevelopment activity.
(3) The notice required by Subsection (2) shall be provided at least seven days before the
predevelopment activity occurs.
(4) A planning commission or county legislative body meets the notice requirements of

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Subsection (2) by mailing to each appropriate legislative body, at least seven days before the
predevelopment activity occurs, a copy of a planning commission or county legislative body meeting
agenda that contains information sufficient to enable a reasonable reader to understand that
predevelopment activity is expected to occur in the county and the location of the property that is the
subject of the predevelopment activity.
(5) If notice given under this section is not challenged under Section 17-27-1001 within 30
days after the action for which notice is given, the notice is considered adequate and proper.

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