S.B. 127 Enrolled

CHANGES IN SUBDIVISION PLATS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Howard C. Nielson
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; REQUIRING MUNICIPAL
AND COUNTY PLANNING COMMISSIONS TO MAKE A RECOMMENDATION ON ANY
PROPOSED VACATION, ALTERATION, OR AMENDMENT OF A SUBDIVISION PLAT;
AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-808, as last amended by Chapter 179, Laws of Utah 1995
17-27-808, as last amended by Chapter 179, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-808 is amended to read:
10-9-808. Vacating or changing a subdivision plat.
(1) (a) [The] Subject to Subsection (2), the legislative body of a municipality or any other
officer that the legislative body designates by ordinance may, with or without a petition, consider
any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision
plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.
(b) If a petition is filed, the responsible body or officer shall hold the public hearing within
45 days after [it is filed] receipt of the planning commission's recommendation under Subsection
(2) if:
(i) the plat change includes the vacation of a public street or alley;
(ii) any owner within the plat notifies the municipality of their objection in writing within
ten days of mailed notification; or
(iii) a public hearing is required because all of the owners in the subdivision have not
signed the revised plat.
(2) (a) Before the legislative body or officer designated by the legislative body may
consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6), the

legislative body or officer shall refer the proposal to the planning commission for its
recommendation.
(b) The planning commission shall give its recommendation within 30 days after the
proposed vacation, alteration, or amendment is referred to it.
[(2)] (3) Any fee owner, as shown on the last county assessment rolls, of land within the
subdivision that has been laid out and platted as provided in this part may, in writing, petition the
legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered,
or amended as provided in this section.
[(3) A] (4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a
street or lot contained in a plat shall include:
(a) the name and address of all owners of record of the land contained in the entire plat;
(b) the name and address of all owners of record of land adjacent to any street that is
proposed to be vacated, altered, or amended; and
(c) the signature of each of these owners who consents to the petition.
[(4)] (5) (a) [Petitions] A petition that [lack] lacks the consent of all owners referred to in
Subsection [(3)] (4) may not be scheduled for consideration at a public hearing before the legislative
body until the notice required by this part is given.
(b) The petitioner shall pay the cost of the notice.
[(5) When] (6) Subject to Subsection (2), if the responsible body or officer proposes to
vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, they
shall consider the issue at a public hearing after giving the notice required by this part.
[(6)] (7) Petitions to adjust lot lines between adjacent properties may be executed upon the
recordation of an appropriate deed if:
(a) no new dwelling lot or housing unit results from the lot line adjustment;
(b) the adjoining property owners consent to the lot line adjustment;
(c) the lot line adjustment does not result in remnant land that did not previously exist; and
(d) the adjustment does not result in violation of applicable zoning requirements.
[(7)] (8) Municipalities operating under the council-mayor form of government shall comply

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with Section 10-3-1219.5 .
Section 2. Section 17-27-808 is amended to read:
17-27-808. Vacating or changing a subdivision plat.
(1) (a) [The] Subject to Subsection (2), the county legislative body or any other officer that
the legislative body designates by ordinance may, with or without a petition, consider any proposed
vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any
street, lot, or alley contained in a subdivision plat at a public hearing.
(b) If a petition is filed, the responsible body or officer shall hold the public hearing within
45 days after [it is filed] receipt of the planning commission's recommendation under Subsection (2)
if:
(i) the plat change includes the vacation of a public street or alley;
(ii) any owner within the plat notifies the municipality of their objection in writing within
ten days of mailed notification; or
(iii) a public hearing is required because all of the owners in the subdivision have not signed
the revised plat.
(2) (a) Before the county legislative body or officer designated by the county legislative body
may consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6), the
county legislative body or officer shall refer the proposal to the planning commission for its
recommendation.
(b) The planning commission shall give its recommendation within 30 days after the
proposed vacation, alteration, or amendment is referred to it.
[(2)] (3) Any fee owner, as shown on the last county assessment rolls, of land within the
subdivision that has been laid out and platted as provided in this part may, in writing, petition the
legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered,
or amended as provided in this section.
[(3) A] (4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a
street or lot contained in a plat shall include:
(a) the name and address of all owners of record of the land contained in the entire plat;

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(b) the name and address of all owners of record of land adjacent to any street that is
proposed to be vacated, altered, or amended; and
(c) the signature of each of these owners who consents to the petition.
[(4)] (5) (a) [Petitions] A petition that [lack] lacks the consent of all owners referred to in
Subsection [(3)] (4) may not be scheduled for consideration at a public hearing before the
responsible body or officer until the notice required by this part is given.
(b) The petitioner shall pay the cost of the notice.
[(5) When] (6) Subject to Subsection (2), if the responsible body or officer proposes to
vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, they
shall consider the issue at a public hearing after giving the notice required by this part.
[(6)] (7) Petitions to adjust lot lines between adjacent properties may be executed upon the
recordation of an appropriate deed if:
(a) no new dwelling lot or housing unit results from the lot line adjustment;
(b) the adjoining property owners consent to the lot line adjustment;
(c) the lot line adjustment does not result in remnant land that did not previously exist; and
(d) the adjustment does not result in violation of applicable zoning requirements.

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