H.B. 234 Enrolled

AMENDMENTS TO SUBDIVISION ACT
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: David Ure
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING THE
NOTICE REQUIREMENT FOR A PLAT CHANGE; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-809, as last amended by Chapter 179, Laws of Utah 1995
17-27-809, as last amended by Chapter 179, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-809 is amended to read:
10-9-809. Notice of hearing for plat change.
(1) (a) Except as provided in Subsection (3), the responsible body or officer shall give
notice of the proposed plat change by mailing the notice to [all owners referred to in Section
10-9-808] each owner of property located within 300 feet of the property that is the subject of the
proposed plat change, addressed to [their] the owner's mailing [addresses] address appearing on
the rolls of the county assessor of the county in which the land is located.
(b) The responsible body or officer shall ensure that the notice includes:
(i) a statement that anyone objecting to the proposed plat change must file a written
objection to the change within ten days of the date of the notice;
(ii) a statement that if no written objections are received by the responsible body or officer
within the time limit, no public hearing will be held; and
(iii) the date, place, and time when a hearing will be held, if one is required, to consider
a vacation, alteration, or amendment without a petition when written objections are received or to
consider any petition that does not include the consent of all land owners as required by Section
10-9-808.
(2) If the proposed change involves the vacation, alteration, or amendment of a street, the

responsible body or officer shall give notice of the date, place, and time of the hearing by:
(a) mailing notice as required in Subsection (1); and
[(b) either:]
(b) (i) publishing the notice once a week for four consecutive weeks before the hearing in
a newspaper of general circulation in the municipality in which the land subject to the petition is
located; or
(ii) if there is no newspaper of general circulation in the municipality, [post] posting the
notice for four consecutive weeks before the hearing in three public places in that municipality.
(3) Municipalities operating under the council-mayor form of municipal government need
not comply with this section.
Section 2. Section 17-27-809 is amended to read:
17-27-809. Notice of hearing for plat change.
(1) (a) The responsible body or officer shall give notice of the proposed plat change by
mailing the notice to [all owners referred to in Section 10-9-808] each owner of property located
within 300 feet of the property that is the subject of the proposed plat change, addressed to [their]
the owner's mailing [addresses] address appearing on the rolls of the county assessor of the county
in which the land is located.
(b) The responsible body or officer shall ensure that the notice includes:
(i) a statement that anyone objecting to the proposed plat change must file a written
objection to the change within ten days of the date of the notice;
(ii) a statement that if no written objections are received by the legislative body within the
time limit, no public hearing will be held; and
(iii) the date, place, and time when a hearing will be held, if one is required, to consider a
vacation, alteration, or amendment without a petition when written objections are received or to
consider any petition that does not include the consent of all land owners as required by Section
17-27-808.
(2) If the proposed change involves the vacation, alteration, or amendment of a street, the
responsible body or officer shall give notice of the date, place, and time of the hearing by:

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(a) mailing notice as required in Subsection (1); and
[(b) either:]
(b) (i) publishing the notice once a week for four consecutive weeks before the hearing in
a newspaper of general circulation in the county in which the land subject to the petition is located;
or
(ii) if there is no newspaper of general circulation in the county, [post] posting the notice for
four consecutive weeks before the hearing in three public places in that county.

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