H.B. 454

1

REGULATION OF RIPARIAN OVERLAY
2 ZONES
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies municipal land use provisions.
11 Highlighted Provisions:
12 This bill:
13 . prohibits municipalities from adopting an ordinance restricting the use of land
14 within an existing residential area because of its proximity to a stream or other body
15 of water and if the land is more than 25 feet from the center of the stream or other
16 body of water; and
17 . requires each municipality that has already adopted that kind of ordinance to repeal
18 it.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 10-9a-522, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-9a-522 is enacted to read:
29 10-9a-522. Riparian zone ordinance prohibited.
30 (1) As used in this section:
31 (a) "Existing residential area" means an area:
32 (i) located in a municipality;
33 (ii) that is partially or wholly developed for residential use;
34 (iii) bordering or divided by a stream or other body of water; and
35 (iv) whose zoning designation as residential predates the municipality's adoption of a
36 riparian zone ordinance.
37 (b) "Riparian zone ordinance" means a municipal ordinance that restricts the use of
38 land:
39 (i) because of its proximity to a stream or other body of water; and
40 (ii) that is more than 25 feet from the center of a stream or other body of water,
41 including a course or body of water into which the municipality channels, directs, or discharges
42 untreated waste or storm water.
43 (2) A municipality may not adopt a riparian zone ordinance that applies to land within
44 an existing residential area.
45 (3) Each municipality that has adopted a riparian zone ordinance that applies to land
46 within an existing residential area shall repeal the ordinance.




Legislative Review Note
as of 2-12-08 9:14 AM

Office of Legislative Research and General Counsel