S.B. 208

1

TRANSPORTATION CORRIDOR
2 PRESERVATION AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheldon L. Killpack
6 House Sponsor: Brad L. Dee
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Municipal Land Use, Development, and Management Act, the
11 County Land Use, Development, and Management Act, and the Transportation Code by
12 amending provisions relating to transportation corridor preservation.
13 Highlighted Provisions:
14 This bill:
15 . authorizes the Department of Transportation to identify and the Transportation
16 Commission to approve transportation corridors as high priority transportation
17 corridors;
18 . requires the Department of Transportation to notify a municipality or county if a
19 high priority transportation corridor is located within the boundaries of a
20 municipality or county;
21 . requires a municipality or county to notify the executive director of the Department
22 of Transportation if the municipality receives a land use application that relates to
23 land located within the boundaries of a high priority transportation corridor;
24 . provides that a municipality or county may not approve certain land use applications
25 until a certain time after notifications have been received by the Department of
26 Transportation if a land use application relates to land located within the boundaries
27 of a high priority transportation corridor with an exception;

28 . provides that an applicant for a land use application is not entitled to receive
29 approval of certain land use applications until a certain time after notifications have
30 been received by the executive director of the Department of Transportation with an
31 exception;
32 . authorizes the Department of Transportation to, on a voluntary basis, acquire
33 property for which it has received a notification by a municipality or a county;
34 . authorizes the Transportation Commission to designate certain transportation
35 corridors as critical transportation corridors;
36 . requires the Department of Transportation to notify a municipality or county if the
37 municipality or county has property within its boundaries that is located within a
38 critical transportation corridor;
39 . authorizes the Department of Transportation to acquire certain private property
40 rights through the use of eminent domain powers that are located within a critical
41 transportation corridor;
42 . authorizes the Department of Transportation to use certain transportation funds for
43 the acquisition of private property rights through eminent domain in certain
44 circumstances; and
45 . makes technical changes.
46 Monies Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 None
50 Utah Code Sections Affected:
51 AMENDS:
52 10-9a-509, as last amended by Laws of Utah 2007, Chapter 363
53 17-27a-508, as last amended by Laws of Utah 2007, Chapter 363
54 72-5-402, as last amended by Laws of Utah 2003, Chapter 300
55 72-5-403, as last amended by Laws of Utah 2003, Chapter 300
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 10-9a-509 is amended to read:

59 10-9a-509. When a land use applicant is entitled to approval -- Exception --
60 Municipality may not impose unexpressed requirements -- Municipality required to
61 comply with land use ordinances.
62 (1) (a) [An] Except as provided in Subsection (1)(b), an applicant is entitled to
63 approval of a land use application if the application conforms to the requirements of the
64 municipality's land use maps, zoning map, and applicable land use ordinance in effect when a
65 complete application is submitted and all fees have been paid, unless:
66 (i) the land use authority, on the record, finds that a compelling, countervailing public
67 interest would be jeopardized by approving the application; or
68 (ii) in the manner provided by local ordinance and before the application is submitted,
69 the municipality has formally initiated proceedings to amend its ordinances in a manner that
70 would prohibit approval of the application as submitted.
71 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
72 of a land use application until the requirements of this Subsection (1)(b) have been met if the
73 land use application relates to land located within the boundaries of a high priority
74 transportation corridor designated in accordance with Section 72-5-403 .
75 (ii) (A) A municipality shall notify the executive director of the Department of
76 Transportation of any land use applications that relate to land located within the boundaries of
77 a high priority transportation corridor.
78 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
79 certified or registered mail to the executive director of the Department of Transportation.
80 (iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
81 use application that relates to land located within the boundaries of a high priority
82 transportation corridor until:
83 (A) 30 days after the notification under Subsection (1)(b)(ii) is received by the
84 Department of Transportation if the land use application is for a building permit; or
85 (B) 45 days after the notification under Subsection (1)(b)(ii) is received by the
86 Department of Transportation if the land use application is for any land use other than a
87 building permit.
88 (c) (i) A land use application is exempt from the requirements of Subsection (1)(b) if:
89 (A) the land use application relates to land that was the subject of a previous land use

90 application; and
91 (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
92 with the requirements of Subsection (1)(b).
93 (ii) A municipality may approve a land use application without making the required
94 notifications under Subsection (1)(b) if:
95 (A) the land use application relates to land that was the subject of a previous land use
96 application; and
97 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
98 complied with the requirements of Subsection (1)(b).
99 [(b)] (d) The municipality shall process an application without regard to proceedings
100 initiated to amend the municipality's ordinances if:
101 (i) 180 days have passed since the proceedings were initiated; and
102 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
103 application as submitted.
104 [(c)] (e) An application for a land use approval is considered submitted and complete
105 when the application is provided in a form that complies with the requirements of applicable
106 ordinances and all applicable fees have been paid.
107 [(d)] (f) The continuing validity of an approval of a land use application is conditioned
108 upon the applicant proceeding after approval to implement the approval with reasonable
109 diligence.
110 [(e)] (g) A municipality may not impose on a holder of an issued land use permit a
111 requirement that is not expressed:
112 (i) in the land use permit or in documents on which the land use permit is based; or
113 (ii) in this chapter or the municipality's ordinances.
114 [(f)] (h) A municipality may not withhold issuance of a certificate of occupancy
115 because of an applicant's failure to comply with a requirement that is not expressed:
116 (i) in the building permit or in documents on which the building permit is based; or
117 (ii) in this chapter or the municipality's ordinances.
118 (2) A municipality is bound by the terms and standards of applicable land use
119 ordinances and shall comply with mandatory provisions of those ordinances.
120 Section 2. Section 17-27a-508 is amended to read:

121 17-27a-508. When a land use applicant is entitled to approval -- Exception --
122 County may not impose unexpressed requirements -- County required to comply with
123 land use ordinances.
124 (1) (a) [An] Except as provided in Subsection (1)(b), an applicant is entitled to
125 approval of a land use application if the application conforms to the requirements of the
126 county's land use maps, zoning map, and applicable land use ordinance in effect when a
127 complete application is submitted and all fees have been paid, unless:
128 (i) the land use authority, on the record, finds that a compelling, countervailing public
129 interest would be jeopardized by approving the application; or
130 (ii) in the manner provided by local ordinance and before the application is submitted,
131 the county has formally initiated proceedings to amend its ordinances in a manner that would
132 prohibit approval of the application as submitted.
133 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
134 of a land use application until the requirements of this Subsection (1)(b) have been met if the
135 land use application relates to land located within the boundaries of a high priority
136 transportation corridor designated in accordance with Section 72-5-403 .
137 (ii) (A) A county shall notify the executive director of the Department of
138 Transportation of any land use applications that relate to land located within the boundaries of
139 a high priority transportation corridor.
140 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
141 certified or registered mail to the executive director of the Department of Transportation.
142 (iii) Except as provided in Subsection (1)(c), a county may not approve a land use
143 application that relates to land located within the boundaries of a high priority transportation
144 corridor until:
145 (A) 30 days after the notification under Subsection (1)(b)(ii) is received by the
146 Department of Transportation if the land use application is for a building permit; or
147 (B) 45 days after the notification under Subsection (1)(b)(ii) is received by the
148 Department of Transportation if the land use application is for any land use other than a
149 building permit.
150 (c) (i) A land use application is exempt from the requirements of Subsection (1)(b) if:
151 (A) the land use application relates to land that was the subject of a previous land use

152 application; and
153 (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
154 with the requirements of Subsection (1)(b).
155 (ii) A county may approve a land use application without making the required
156 notifications under Subsection (1)(b) if:
157 (A) the land use application relates to land that was the subject of a previous land use
158 application; and
159 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
160 complied with the requirements of Subsection (1)(b).
161 [(b)] (d) The county shall process an application without regard to proceedings initiated
162 to amend the county's ordinances if:
163 (i) 180 days have passed since the proceedings were initiated; and
164 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
165 application as submitted.
166 [(c)] (e) An application for a land use approval is considered submitted and complete
167 when the application is provided in a form that complies with the requirements of applicable
168 ordinances and all applicable fees have been paid.
169 [(d)] (f) The continuing validity of an approval of a land use application is conditioned
170 upon the applicant proceeding after approval to implement the approval with reasonable
171 diligence.
172 [(e)] (g) A county may not impose on a holder of an issued land use permit a
173 requirement that is not expressed:
174 (i) in the land use permit or in documents on which the land use permit is based; or
175 (ii) in this chapter or the county's ordinances.
176 [(f)] (h) A county may not withhold issuance of a certificate of occupancy because of
177 an applicant's failure to comply with a requirement that is not expressed:
178 (i) in the building permit or in documents on which the building permit is based; or
179 (ii) in this chapter or the county's ordinances.
180 (2) A county is bound by the terms and standards of applicable land use ordinances and
181 shall comply with mandatory provisions of those ordinances.
182 Section 3. Section 72-5-402 is amended to read:

183 72-5-402. Public purpose.
184 (1) The Legislature finds and declares that the planning and preservation of
185 transportation corridors is a public purpose, that the acquisition of public rights in private
186 property for possible use as a transportation corridor years in advance is a public purpose, and
187 that acquisition of public rights in private property for possible use as alternative transportation
188 corridors is a public purpose, even if one or more of the transportation corridors is eventually
189 not used for a public purpose, so long as reasonable evidence exists at the time of acquisition
190 that the transportation facility will be developed within the time period established under this
191 part.
192 (2) The Legislature finds and declares that the acquisition of private property rights for
193 the preservation of transportation corridors should be done on a voluntary basis [and not by the
194 use of eminent domain powers].
195 Section 4. Section 72-5-403 is amended to read:
196 72-5-403. Transportation corridor preservation powers.
197 (1) The department, counties, and municipalities may:
198 (a) act in cooperation with one another and other government entities to promote
199 planning for and enhance the preservation of transportation corridors and to more effectively
200 use the monies available in the Transportation Corridor Preservation Revolving Loan Fund
201 created in Section 72-2-117 ;
202 (b) undertake transportation corridor planning, review, and preservation processes; and
203 (c) acquire fee simple rights and other rights of less than fee simple, including
204 easement and development rights, or the rights to limit development, including rights in
205 alternative transportation corridors, and to make these acquisitions up to a projected 30 years in
206 advance of using those rights in actual transportation facility construction.
207 (2) In addition to the powers described under Subsection (1), counties and
208 municipalities may:
209 (a) limit development for transportation corridor preservation by land use regulation
210 and by official maps; and
211 (b) by ordinance prescribe procedures for approving limited development in
212 transportation corridors until the time transportation facility construction begins.
213 (3) (a) The department shall identify and the commission shall approve transportation

214 corridors as high priority transportation corridors for transportation corridor preservation.
215 (b) The department shall notify a county or municipality if the county or municipality
216 has land within its boundaries that is located within the boundaries of a high priority
217 transportation corridor.
218 (c) The department may, on a voluntary basis, acquire private property rights within the
219 boundaries of a high priority transportation corridor for which a notification has been received
220 in accordance with Section 10-9a-509 or 17-27a-508 .
221 (4) (a) The commission may designate a transportation corridor or a portion of a
222 transportation corridor as a critical transportation corridor if:
223 (i) the transportation corridor has been designated as the preferred alternative route in a
224 transportation feasibility study; and
225 (ii) the department has notified a municipality or a county if the municipality or county
226 has land within its boundaries that is located within the boundaries of a critical transportation
227 corridor so that the critical transportation corridor may be incorporated into the municipality's
228 or county's general plan.
229 (b) The department may:
230 (i) use eminent domain powers for the acquisition of private property rights for
231 transportation corridor preservation purposes:
232 (A) if the property is located within the boundaries of a critical transportation corridor
233 designated under Subsection (4)(a); and
234 (B) no sooner than 45 days after the department has notified a county or municipality
235 in accordance with Subsection (4)(a)(ii); and
236 (ii) for the acquisition of private property rights through the use of eminent domain
237 powers for transportation corridor purposes authorized under this Subsection (4)(b):
238 (A) use funds in the Transportation Corridor Preservation Revolving Loan Fund
239 created in Section 72-2-117 ;
240 (B) use Local Transportation Corridor Preservation Funds in accordance with the
241 requirements of Section 72-2-117.5 ; or
242 (C) use funds appropriated to the department.

Legislative Review Note
as of 2-8-08 10:49 AM

Office of Legislative Research and General Counsel