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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to mountainous planning districts.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses municipal jurisdiction over mountainous planning districts;
13 ▸ modifies the number of board members of a planning commission that are required
14 to have ties to a mountainous planning district;
15 ▸ reduces the areas that a municipal legislative body may designate as a mountainous
16 planning district;
17 ▸ enacts and amends repeal dates for provisions relating to mountainous planning
18 districts; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides revisor instructions.
24 This bill provides a coordination clause.
25 Utah Code Sections Affected:
26 AMENDS:
27 10-9a-304, as last amended by Laws of Utah 2015, Chapter 465
28 17-27a-301, as last amended by Laws of Utah 2016, Chapter 411
29 17-27a-901, as last amended by Laws of Utah 2016, Chapter 411
30 63I-2-210, as last amended by Laws of Utah 2016, Chapter 14
31 63I-2-217, as last amended by Laws of Utah 2016, Chapters 348 and 411
32 Utah Code Sections Affected by Revisor Instructions:
33 63I-2-217, as last amended by Laws of Utah 2016, Chapters 348 and 411
34 Utah Code Sections Affected by Coordination Clause:
35 63I-2-210, as last amended by Laws of Utah 2016, Chapter 14
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 10-9a-304 is amended to read:
39 10-9a-304. State and federal property -- Mountainous planning district.
40 (1) Unless otherwise provided by law, nothing contained in this chapter may be
41 construed as giving a municipality jurisdiction over property owned by the state or the United
42 States.
43 (2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
44 municipality, a municipal planning commission, or a municipal land use authority does not
45 have jurisdiction over property located within a mountainous planning district, as that term is
46 defined in Section 17-27a-103.
47 (b) Subsection (2)(a) does not apply to a municipality if:
48 (i) (A) the municipality is wholly located within the boundaries of a mountainous
49 planning district; and
50 (B) the municipality was incorporated before 1971;
51 (ii) the municipality exercises the municipality's extraterritorial jurisdiction under
52 Section 10-8-15; or
53 (iii) subject to Subsection (2)(c), a local health authority has granted the municipality
54 joint authority to regulate the municipality's watershed areas.
55 (c) The exception under Subsection (2)(b)(iii) applies only for matters related to
56 regulation of the watershed within a watershed area.
57 Section 2. Section 17-27a-301 is amended to read:
58 17-27a-301. Ordinance establishing planning commission required -- Exception --
59 Ordinance requirements -- Planning advisory area planning commission --
60 Compensation.
61 (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
62 establishing a countywide planning commission for the unincorporated areas of the county not
63 within a planning advisory area.
64 (b) Subsection (1)(a) does not apply if all of the county is included within any
65 combination of:
66 (i) municipalities;
67 (ii) planning advisory areas with their own planning commissions; and
68 (iii) mountainous planning districts.
69 (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
70 (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
71 subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
72 the entire mountainous planning district, including areas of the mountainous planning district
73 that are also located within a municipality or are unincorporated.
74 (ii) A planning commission described in Subsection (1)(c)(i):
75 (A) does not have jurisdiction over a municipality described in Subsection
76 10-9a-304(2)(b); and
77 (B) has jurisdiction subject to a local health department exercising its authority in
78 accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
79 the municipality's authority in accordance with Section 10-8-15.
80 (iii) The ordinance shall require that:
81 (A) members of the planning commission represent areas located in the unincorporated
82 and incorporated county;
83 (B) members of the planning commission be registered voters who reside either in the
84 unincorporated or incorporated county;
85 (C) at least one member of the planning commission resides within the mountainous
86 planning district and another member either resides or owns property within the mountainous
87 planning district; and
88 (D) the county designate up to four seats on the planning commission, and fill each
89 vacancy in the designated seats in accordance with the procedure described in Subsection (7).
90 (2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
91 (i) the number and terms of the members and, if the county chooses, alternate
92 members;
93 (ii) the mode of appointment;
94 (iii) the procedures for filling vacancies and removal from office;
95 (iv) the authority of the planning commission;
96 (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
97 planning commission in a public meeting; and
98 (vi) other details relating to the organization and procedures of the planning
99 commission.
100 (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
101 Title 52, Chapter 4, Open and Public Meetings Act.
102 (3) (a) (i) If the county establishes a planning advisory area planning commission, the
103 county legislative body shall enact an ordinance that defines:
104 (A) appointment procedures;
105 (B) procedures for filling vacancies and removing members from office;
106 (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
107 planning advisory area planning commission in a public meeting; and
108 (D) details relating to the organization and procedures of each planning advisory area
109 planning commission.
110 (ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
111 commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
112 (b) The planning commission for each planning advisory area shall consist of seven
113 members who shall be appointed by:
114 (i) in a county operating under a form of government in which the executive and
115 legislative functions of the governing body are separated, the county executive with the advice
116 and consent of the county legislative body; or
117 (ii) in a county operating under a form of government in which the executive and
118 legislative functions of the governing body are not separated, the county legislative body.
119 (c) (i) Members shall serve four-year terms and until their successors are appointed and
120 qualified.
121 (ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
122 planning commissions shall be appointed so that, for each commission, the terms of at least one
123 member and no more than two members expire each year.
124 (d) (i) Each member of a planning advisory area planning commission shall be a
125 registered voter residing within the planning advisory area.
126 (ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
127 that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
128 area.
129 (4) (a) A member of a planning commission who was elected to and served on a
130 planning commission on May 12, 2015, shall serve out the term to which the member was
131 elected.
132 (b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
133 seat shall be filled by appointment in accordance with this section.
134 (5) Upon the appointment of all members of a planning advisory area planning
135 commission, each planning advisory area planning commission under this section shall begin to
136 exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all
137 matters then pending that previously had been under the jurisdiction of the countywide
138 planning commission or planning advisory area planning and zoning board.
139 (6) The legislative body may fix per diem compensation for the members of the
140 planning commission, based on necessary and reasonable expenses and on meetings actually
141 attended.
142 (7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
143 commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
144 (b) If a county designates one or more planning commission seats under Subsection
145 (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
146 (i) (A) are adjacent to the mountainous planning district; and
147 (B) border the entrance to a canyon that is located within the boundaries of the
148 mountainous planning district and accessed by a paved road maintained by the county or the
149 state; or
150 (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.
151 (c) When there is a vacancy in a planning commission seat described in Subsection
152 (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
153 Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
154 the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
155 (d) The city shall respond to a written request described in Subsection (7)(c) within 60
156 days after the day on which the city receives the written request.
157 (e) After the county receives the city's list of three individuals, the county shall submit
158 one of the individuals on the list for appointment to the vacant planning commission seat in
159 accordance with county ordinance.
160 (f) The county shall fill the vacancy in accordance with the county's standard procedure
161 if the city fails to timely respond to the written request.
162 Section 3. Section 17-27a-901 is amended to read:
163 17-27a-901. Mountainous planning district.
164 (1) (a) The legislative body of a county of the first class may adopt an ordinance
165 designating an area located within the county as a mountainous planning district if the
166 legislative body determines that:
167 (i) the area is primarily used for recreational purposes, including canyons, foothills, ski
168 resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the
169 Wasatch Range;
170 (ii) the area is used by residents of the county who live inside and outside the limits of
171 a municipality;
172 (iii) the total resident population in the proposed mountainous planning district is equal
173 to or less than 5% of the population of the county; [
174 (iv) the area is within the unincorporated area of the county or was within the
175 unincorporated area of the county before May 12, 2015[
176 (v) the area includes land designated as part of a national forest on or before May 9,
177 2017.
178 (b) (i) A mountainous planning district may include within its boundaries a
179 municipality, whether in whole or in part.
180 (ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district
181 includes within its boundaries an unincorporated area, and that area subsequently incorporates
182 as a municipality:
183 (A) the area of the incorporated municipality that is located in the mountainous
184 planning district is included within the mountainous planning district boundaries; and
185 (B) property within the municipality that is also within the mountainous planning
186 district is subject to the authority of the mountainous planning district.
187 (iii) A subdivision and zoning ordinance that governs property located within a
188 mountainous planning district shall control over any subdivision or zoning ordinance, as
189 applicable, that a municipality may adopt.
190 (iv) A county shall allow an area within the boundaries of a mountainous planning
191 district to withdraw from the mountainous planning district if:
192 (A) the area contains less than 100 acres;
193 (B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4,
194 Annexation;
195 (C) the county determines that the area does not contain United States Forest Service
196 land or land that is designated as watershed; and
197 (D) the county determines that the area is not used by individuals for recreational
198 purposes.
199 (v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous
200 planning district is not subject to the authority of the mountainous planning district.
201 (c) The population figure under Subsection (1)(a)(iii) shall be derived from a
202 population estimate by the Utah Population Estimates Committee.
203 (d) If any portion of a proposed mountainous planning district includes a municipality
204 with a land base of five square miles or less, the county shall ensure that all of that municipality
205 is wholly located within the boundaries of the mountainous planning district.
206 (2) (a) Notwithstanding Subsection 10-9a-102(2), 17-34-1(2)(a), or 17-50-302(1)(b), or
207 Section 17-50-314, a county may adopt a general plan and adopt a zoning or subdivision
208 ordinance for a property that is located within:
209 (i) a mountainous planning district; and
210 (ii) a municipality.
211 (b) A county plan or zoning or subdivision ordinance governs a property described in
212 Subsection (2)(a).
213 (3) A planning commission with jurisdiction over a mountainous planning district in a
214 county of the first class shall submit a report that summarizes actions the planning commission
215 has taken and any recommendations regarding the mountainous planning district to the
216 Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later
217 than November 30 of each year.
218 Section 4. Section 63I-2-210 is amended to read:
219 63I-2-210. Repeal dates -- Title 10.
220 [
221
222 [
223 [
224 [
225 (2) When repealing Subsection 10-9a-304(2), the Office of Legislative Research and
226 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
227 necessary changes to subsection numbering and cross references.
228 Section 5. Section 63I-2-217 is amended to read:
229 63I-2-217. Repeal dates -- Title 17.
230 (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
231 planning district" is repealed June 1, [
232 (2) (a) Subsection 17-27a-103(15)(b) is repealed June 1, [
233 (b) Subsection 17-27a-103(34) is repealed June 1, [
234 (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
235 district area" is repealed June 1, [
236 (4) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, [
237 (b) Subsection 17-27a-301(1)(c) is repealed June 1, [
238 (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
239 (1)(a) or (c)" is repealed June 1, [
240 (5) Subsection 17-27a-302(1), the language that states ", or mountainous planning
241 district" and "or the mountainous planning district," is repealed June 1, [
242 (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
243 district or" and ", as applicable" is repealed June 1, [
244 (7) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, [
245 (b) Subsection 17-27a-401(6) is repealed June 1, [
246 (8) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, [
247 (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, [
248 (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
249 district" is repealed June 1, [
250 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
251 district" is repealed June 1, [
252 (9) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, [
253 (10) Subsection 17-27a-505.5(2)(a)(iii) is repealed June 1, [
254 (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
255 mountainous planning district, the mountainous planning district" is repealed June 1, [
256 2020.
257 (12) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, [
258 (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
259 district land" is repealed June 1, [
260 (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
261 [
262 (15) On June 1, [
263 Legislative Research and General Counsel shall:
264 (a) in addition to its authority under Subsection 36-12-12(3), make corrections
265 necessary to ensure that sections and subsections identified in this section are complete
266 sentences and accurately reflect the office's [
267 intent; and
268 (b) identify the text of the affected sections and subsections based upon the section and
269 subsection numbers used in [
270 Section 6. Revisor instructions.
271 The Legislature intends that the Office of Legislative Research and General Counsel, in
272 preparing the Utah Code database for publication, replace the language "this bill" in Subsection
273 63I-2-217(15)(b) with the bill's designated chapter number in the Laws of Utah.
274 Section 7. Coordinating H.B. 293 with H.B. 193 -- Superseding technical and
275 substantive amendments.
276 If this H.B. 293 and H.B. 193, Revisor's Technical Corrections to Utah Code, both pass
277 and become law, it is the intent of the Legislature that the amendments to Section 63I-2-210 in
278 this bill supersede the amendments to Section 63I-2-210 in H.B. 193, when the Office of
279 Legislative Research and General Counsel prepares the Utah Code database for publication.