Section 1. Section 17-79-101 is amended to read:17-79-101. Purposes -- General land use authority -- Limitations.(1)(a)The purposes of this chapter are to:(i)provide for the health, safety, and welfare;(ii)promote the prosperity;(iii)improve the morals, peace, good order, comfort, convenience, and aesthetics of each county and each county's present and future inhabitants and businesses;(iv)protect the tax base;(v)secure economy in governmental expenditures;(vi)foster the state's agricultural and other industries;(vii)protect both urban and nonurban development;(viii)protect and ensure access to sunlight for solar energy devices;(ix)provide fundamental fairness in land use regulation;(x)facilitate orderly growth, allow growth in a variety of housing types, and contribute toward housing affordability; and(xi)protect property rights; and(xii)protect property values.(b)Subject to Subsection (4) and Section 11-41-103, to accomplish the purposes of this chapter, a county may enact all ordinances, and resolutions, and rulesadopt all policies, and may enter into other forms of land use controls and development agreements that the county considers necessary or appropriate for the use and development of land within the unincorporated area of the county or a designated mountainous planning district, including ordinances, resolutions, rulespolicies, restrictive covenants, easements, and development agreements governing:(i)uses;(ii)density;(iii)open spaces;(iv)structures;(v)buildings;(vi)energy-efficiency;(vii)light and air;(viii)air quality;(ix)transportation and public or alternative transportation;(x)infrastructure;(xi)street and building orientation and width requirements;(xii)public facilities;(xiii)fundamental fairness in land use regulation; and(xiv)considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections.(2)Each county shall comply with the mandatory provisions of this part before any agreement or contract to provide goods, services, or municipal-type services to any storage facility or transfer facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed or implemented.(3)(a)Any ordinance, or resolution a county enacts, or rule enacted by a countya policy that a county adopts in accordance with the county's authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.(b)A county may enact an ordinance, or resolution, or ruleadopt a policy that regulates surface activity incident to an oil and gas activity if the county demonstrates that the regulation:(i)is necessary for the purposes of this chapter;(ii)does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and(iii)does not interfere with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.(4)(a)This Subsection (4) applies to development agreements entered into on or after May 5, 2021.(b)A provision in a county development agreement is unenforceable if the provision requires an individual or an entity, as a condition for issuing building permits or otherwise regulating development activities within an unincorporated area of the county, to initiate a process for a municipality to annex the unincorporated area in accordance with Title 10, Chapter 2, Part 8, Annexation.(c)Subsection (4)(b) does not affect or impair the enforceability of any other provision in the development agreement.

Section 2. Section 17-79-621 is enacted to read:17-79-621. Qualifying parcel application and approval for single-family dwelling building permit.(1)As used in this section:(a)"Plan review" means the same as that term is defined in Section 17-79-810.(b)"Qualifying parcel" means a parcel of land in a county that:(i)was created by a written instrument, other than a subdivision plat, before the county adopted a land use ordinance regulating the parcel; or(ii)is similar to a lot or parcel that:(A)has the same zoning designation; and(B)(I)conforms to applicable development standards for a single-family residential lot;(II)at some point in the past was approved, recognized, or treated as a lot or parcel for which a single-family dwelling was a conforming use; or(III)contains a single-family dwelling that the county recognizes as a conforming use.(2)Subject to Subsection (3) and Section 17-79-810, a county shall accept and process a plan review application for a single-family dwelling on a qualifying parcel that is made by the qualifying parcel's owner of record, if:(a)the proposed building meets the minimum setback requirements of the zoning designation where the qualifying parcel is located;(b)applicable utility providers review and approve the plan review application;(c)to the extent required by county ordinance, the local health department reviews and approves the plan review application; and(d)to the extent required by county ordinance, the owner of the qualifying parcel dedicates a portion of the qualifying parcel for street frontage.(3)The owner of a parcel has the burden, under Subsection (2), of establishing by substantial evidence that the parcel is a qualifying parcel.(4)A county accepting and processing a plan review or approval of a building permit under Subsection (2) does not:(a)require the county to accept or maintain a street or other right-of-way;(b)require the county, a special district, or a utility provider to extend or provide a utility to a qualifying parcel; or(c)limit the county's authority to enforce the provisions of this chapter or other law against a person who divides a parcel without required county approval.

Section 3. Effective Date.This bill takes effect on May 6, 2026.