H.B. 296

1

APPROVAL OF SUBDIVISIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies county and municipal land use development and management
10 provisions relating to subdivisions.
11 Highlighted Provisions:
12 This bill:
13 . makes an exception to a requirement for a planning commission recommendation
14 on a subdivision plat if the plat is uncontested and the county or municipality has
15 authorized the land use authority or staff to approve the plat.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-9a-604, as last amended by Chapter 240, Laws of Utah 2006
23 17-27a-604, as last amended by Chapter 240, Laws of Utah 2006
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-9a-604 is amended to read:
27 10-9a-604. Subdivision plat approval procedure -- Effect of not complying.

28 (1) (a) A person may not submit a subdivision plat to the county recorder's office for
29 recording unless:
30 (i) except as provided in Subsection (1)(b), a recommendation has been received from
31 the planning commission;
32 (ii) the plat has been approved by:
33 (A) the land use authority of the municipality in which the land described in the plat is
34 located; and
35 (B) other officers that the municipality designates in its ordinance; and
36 (iii) all approvals are entered in writing on the plat by the designated officers.
37 (b) Subsection (1)(a)(i) does not apply if:
38 (i) the planning commission is the land use authority[.]; or
39 (ii) (A) the subdivision plat is uncontested; and
40 (B) the municipality has authorized the land use authority or staff to approve an
41 uncontested subdivision plat without a recommendation from the planning commission.
42 (2) A subdivision plat recorded without the signatures required under this section is
43 void.
44 (3) A transfer of land pursuant to a void plat is voidable.
45 Section 2. Section 17-27a-604 is amended to read:
46 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
47 (1) (a) A person may not submit a subdivision plat to the county recorder's office for
48 recording unless:
49 (i) except as provided in Subsection (1)(b), a recommendation has been received from
50 the planning commission;
51 (ii) the plat has been approved by:
52 (A) the land use authority of the county in whose unincorporated area the land
53 described in the plat is located; and
54 (B) other officers that the county designates in its ordinance; and
55 (iii) all approvals are entered in writing on the plat by designated officers.
56 (b) Subsection (1)(a)(i) does not apply if:
57 (i) the planning commission is the land use authority[.]; or
58 (ii) (A) the subdivision plat is uncontested; and

59 (B) the county has authorized the land use authority or staff to approve an uncontested
60 subdivision plat without a recommendation from the planning commission.
61 (2) A plat recorded without the signatures required under this section is void.
62 (3) A transfer of land pursuant to a void plat is voidable.




Legislative Review Note
as of 1-17-07 11:26 AM

Office of Legislative Research and General Counsel