17-27a-408. Biennial review of moderate income housing element of general plan.
(1) The legislative body of each county with a population over 25,000 shall biennially:
(a) review the moderate income housing plan element of its general plan and its
implementation; and
(b) prepare a report setting forth the findings of the review.
(2) Each report under Subsection (1) shall include a description of:
(a) efforts made by the county to reduce, mitigate, or eliminate local regulatory barriers
to moderate income housing;
(b) actions taken by the county to encourage preservation of existing moderate income
housing and development of new moderate income housing;
(c) progress made within the county to provide moderate income housing, as measured
by permits issued for new units of moderate income housing; and
(d) efforts made by the county to coordinate moderate income housing plans and actions
with neighboring counties and municipalities.
(3) The legislative body of each county with a population over 25,000 shall send a copy
of the report under Subsection (1) to the Department of Community and Culture and the
association of governments in which the county is located.
(4) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 17-27a-404(6)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Amended by Chapter 148, 2005 General Session
Renumbered and Amended by Chapter 254, 2005 General Session
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Last revised: Thursday, May 28, 2009