S.B. 91

1

AIR QUALITY, LAND USE, AND
2 TRANSPORTATION PLANNING PROVISIONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LeRay McAllister
6 AN ACT RELATING TO HEALTH AND THE ENVIRONMENT; ESTABLISHING
7 PROCEDURES AND REQUIREMENTS FOR THE IMPLEMENTATION OF REGIONAL
8 GROWTH PLANS AND INTERLOCAL COORDINATION PLANS ADDRESSING AIR
9 QUALITY, LAND USE, TRANSPORTATION, AND RELATED AREAS; AMENDING
10 MUNICIPAL AND COUNTY STATUTORY PROVISIONS TO INCORPORATE
11 REFERENCES TO THESE PLANS; CREATING A PROGRAM TO PROVIDE SUPPORT
12 TO COUNTIES AND MUNICIPALITIES INVOLVED IN THIS PLANNING; AND
13 APPROPRIATING $225,000 FOR FISCAL YEAR 1997-98 TO FUND THE SUPPORT
14 PROGRAM.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 10-9-103, as last amended by Chapter 179, Laws of Utah 1995
18 10-9-106, as last amended by Chapter 23, Laws of Utah 1992
19 10-9-201, as enacted by Chapter 235, Laws of Utah 1991
20 10-9-204, as enacted by Chapter 235, Laws of Utah 1991
21 10-9-301, as last amended by Chapters 23 and 93, Laws of Utah 1992
22 10-9-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
23 10-9-303, as last amended by Chapter 23, Laws of Utah 1992
24 10-9-402, as last amended by Chapter 79, Laws of Utah 1995
25 10-9-404, as last amended by Chapter 23, Laws of Utah 1992
26 10-9-801, as last amended by Chapter 23, Laws of Utah 1992
27 17-27-103, as last amended by Chapter 179, Laws of Utah 1995

1 17-27-105, as last amended by Chapter, 23, Laws of Utah 1992
2 17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
3 17-27-204, as last amended by Chapter 225, Laws of Utah 1995
4 17-27-301, as last amended by Chapter 257, Laws of Utah 1994
5 17-27-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
6 17-27-303, as last amended by Chapter 23, Laws of Utah 1992
7 17-27-402, as last amended by Chapter 23, Laws of Utah 1992
8 17-27-404, as last amended by Chapter 23, Laws of Utah 1992
9 17-27-801, as enacted by Chapter 235, Laws of Utah 1991
10 ENACTS:
11 10-9-303.5, Utah Code Annotated 1953
12 11-38-101, Utah Code Annotated 1953
13 11-38-102, Utah Code Annotated 1953
14 11-38-103, Utah Code Annotated 1953
15 11-38-104, Utah Code Annotated 1953
16 11-38-105, Utah Code Annotated 1953
17 11-38-106, Utah Code Annotated 1953
18 11-38-107, Utah Code Annotated 1953
19 11-38-108, Utah Code Annotated 1953
20 11-38-109, Utah Code Annotated 1953
21 11-38-110, Utah Code Annotated 1953
22 11-38-111, Utah Code Annotated 1953
23 11-38-112, Utah Code Annotated 1953
24 17-27-303.5, Utah Code Annotated 1953
25 REPEALS:
26 10-9-401, as enacted by Chapter 235, Laws of Utah 1991
27 17-27-401, as enacted by Chapter 235, Laws of Utah 1991
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-9-103 is amended to read:
30 10-9-103. Definitions -- Notice.
31 (1) As used in this chapter:

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1 (a) "Agency" has the same meaning as in Section 11-38-102.
2 [(a)] (b) "Billboard" means a freestanding ground sign located on industrial, commercial,
3 or residential property if the sign is designed or intended to direct attention to a business, product,
4 or service that is not sold, offered, or existing on the property where the sign is located.
5 [(b)] (c) "Chief executive officer" means:
6 (i) the mayor in municipalities operating under all forms of municipal government except
7 the council-manager form; or
8 (ii) the city manager in municipalities operating under the council-manager form of
9 municipal government.
10 [(c)] (d) "Conditional use" means a land use that, because of its unique characteristics or
11 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
12 compatible in some areas or may be compatible only if certain conditions are required that mitigate
13 or eliminate the detrimental impacts.
14 [(d)] (e) "County" means the unincorporated area of the county.
15 [(e)] (f) "Elderly person" means a person who is 60 years old or older, who desires or
16 needs to live with other elderly persons in a group setting, but who is capable of living
17 independently.
18 (g) "Entity" has the same meaning as in Section 11-38-102.
19 [(f)] (h) (i) "General plan" means a document that a municipality adopts that sets forth
20 general guidelines for proposed future development of the land within the municipality, as set forth
21 in Sections 10-9-301 and 10-9-302.
22 (ii) "General plan" includes what is also commonly referred to as a "master plan."
23 (i) "Growth policy issues" means the issues listed under Section 11-38-102.
24 [(g)] (j) "Handicapped person" means a person who:
25 (i) has a severe, chronic disability attributable to a mental or physical impairment or to a
26 combination of mental and physical impairments that is likely to continue indefinitely and that
27 results in a substantial functional limitation in three or more of the following areas of major life
28 activity:
29 (A) self-care;
30 (B) receptive and expressive language;
31 (C) learning;

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1 (D) mobility;
2 (E) self-direction;
3 (F) capacity for independent living; and
4 (G) economic self-sufficiency; and
5 (ii) requires a combination or sequence of special interdisciplinary or generic care,
6 treatment, or other services that are individually planned and coordinated to allow the person to
7 function in, and contribute to, a residential neighborhood.
8 (k) "Interlocal coordination plan" has the same meaning as in Section 11-38-102.
9 [(h)] (l) "Legislative body" means the city council or city commission.
10 (m) "Local government" has the same meaning as in Section 11-38-102.
11 [(i)] (n) "Lot line adjustment" in a subdivision means the relocation of the property
12 boundary line between two adjoining lots with the consent of the owners of record.
13 [(j)] (o) "Municipality" means a city or town.
14 [(k)] (p) "Nonconforming structure" means a structure that:
15 (i) legally existed before its current zoning designation; and
16 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
17 setback, height restrictions, or other regulations that govern the structure.
18 [(l)] (q) "Nonconforming use" means a use of land that:
19 (i) legally existed before its current zoning designation;
20 (ii) has been maintained continuously since the time the zoning regulation governing the
21 land changed; and
22 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
23 that now govern the land.
24 [(m)] (r) "Official map" means a map of proposed streets that has the legal effect of
25 prohibiting development of the property until the municipality develops the proposed street.
26 [(n)] (s) (i) "Residential facility for elderly persons" means a single-family or
27 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
28 under authority of that part.
29 (ii) "Residential facility for elderly persons" does not include a health care facility as
30 defined by Section 26-21-2.
31 [(o)] (t) "Residential facility for handicapped persons" means a single-family or

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1 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
2 under authority of that part.
3 [(p)] (u) "Special district" means all entities established under the authority of Title 17A
4 and any other governmental or quasi-governmental entity that is not a county, municipality, school
5 district, or unit of the state.
6 [(q)] (v) "Street" means public rights-of-way, including highways, avenues, boulevards,
7 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
8 other ways.
9 [(r)] (w) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
10 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
11 whether immediate or future, for offer, sale, lease, or development either on the installment plan
12 or upon any and all other plans, terms, and conditions.
13 (ii) "Subdivision" includes:
14 (A) the division or development of land whether by deed, metes and bounds description,
15 devise and testacy, lease, map, plat, or other recorded instrument; and
16 (B) divisions of land for all residential and nonresidential uses, including land used or to
17 be used for commercial, agricultural, and industrial purposes.
18 [(s)] (x) "Unincorporated" means the area outside of the incorporated boundaries of cities
19 and towns.
20 (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
21 if it:
22 (i) posts notice of the hearing or meeting in at least three public places within the
23 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
24 in the jurisdiction, if one is available; or
25 (ii) gives actual notice of the hearing or meeting.
26 (b) A municipal legislative body may enact an ordinance establishing stricter notice
27 requirements than those required by this subsection.
28 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
29 is prima facie evidence that notice was properly given.
30 (ii) If notice given under authority of this section is not challenged as provided in Section
31 10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice

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1 is considered adequate and proper.
2 Section 2. Section 10-9-106 is amended to read:
3 10-9-106. Property owned by other government units -- Effect of land use and
4 development ordinances.
5 (1) (a) Each county, municipality, school district, special district, and political subdivision
6 [of Utah] shall conform to, and agencies shall be compatible with, the general plan, interlocal
7 coordination plan, and land use and development ordinances of any municipality when granting
8 permits or other authorization, or installing, constructing, operating, or otherwise using any area,
9 land, or building situated within that municipality [only in a manner or for a purpose that conforms
10 to that municipality's ordinances], except as provided under Subsection (b).
11 (b) When state agencies construct, operate, or otherwise use any area, land, or building,
12 or grant permits or other authorizations within a municipality that involve or may reasonably be
13 expected to affect air quality, transportation, land use, or water, state agencies shall, prior to taking
14 action:
15 (i) notify the municipality of its intentions;
16 (ii) provide an opportunity for the municipality and the public to provide comment and
17 input; and
18 (iii) coordinate with the general plan, interlocal coordination plan, and land use and
19 development ordinances of the affected municipality.
20 [(b)] (c) In addition to any other remedies provided by law, when a municipality's general
21 plan, interlocal coordination plan, or land use and development ordinances are being violated or
22 about to be violated by another political subdivision, that municipality may institute an injunction,
23 mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or
24 remove the improper installation, improvement, or use.
25 (2) A school district is subject to a municipality's general plan, interlocal coordination
26 plan, and land use and development regulations under this chapter, except that a municipality may
27 not:
28 (a) impose requirements for landscaping, fencing, aesthetic considerations, construction
29 methods or materials, building codes, building use for educational purposes, or the placement or
30 use of temporary classroom facilities on school property;
31 (b) require a school district to participate in the cost of any roadway or sidewalk not

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1 reasonably necessary for the safety of school children and not located on or contiguous to school
2 property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
3 to an existing roadway;
4 (c) require a district to pay fees not authorized by this section;
5 (d) provide for inspection of school construction or assess a fee or other charges for
6 inspection, unless neither the school district nor the state superintendent has provided for
7 inspection by an inspector, other than the project architect or contractor, who is qualified under
8 criteria established by the state superintendent with the approval of the state building board and
9 state fire marshal; or
10 (e) require a school district to pay any impact fee for an improvement project that is not
11 reasonably related to the impact of the project upon the need that the improvement is to address[;
12 or].
13 [(f) impose regulations upon the location of a project except as necessary to avoid
14 unreasonable risks to health or safety.]
15 Section 3. Section 10-9-201 is amended to read:
16 10-9-201. Appointment, term, vacancy, and compensation.
17 (1) (a) Each municipality [may enact an] preparing a general plan, an interlocal
18 coordination plan, or any land use ordinance [establishing] shall by ordinance establish a planning
19 commission.
20 (b) The ordinance shall define:
21 (i) the number and terms of the members;
22 (ii) the mode of appointment;
23 (iii) the procedures for filling vacancies and removal from office; and
24 (iv) other details relating to the organization and procedures of the planning commission.
25 (2) The legislative body may fix per diem compensation for the members of the planning
26 commission, based on necessary and reasonable expenses and on meetings actually attended.
27 Section 4. Section 10-9-204 is amended to read:
28 10-9-204. Powers and duties.
29 The planning commission shall:
30 (1) prepare and recommend to the legislative body as provided in this chapter a general
31 plan, which may include an interlocal coordination plan, and amendments to the general plan [to

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1 the legislative body as provided in this chapter];
2 (2) recommend zoning ordinances and maps, and amendments to zoning ordinances and
3 maps, to the legislative body as provided in this chapter;
4 (3) administer provisions of the zoning ordinance, where specifically provided for in the
5 zoning ordinance adopted by the legislative body;
6 (4) recommend subdivision regulations and amendments to those regulations to the
7 legislative body as provided in this chapter;
8 (5) recommend approval or denial of subdivision applications as provided in this chapter;
9 (6) advise the legislative body on matters as the legislative body directs;
10 (7) hear or decide any matters that the legislative body designates, including the approval
11 or denial of, or recommendations to approve or deny, conditional use permits;
12 (8) exercise any other powers:
13 (a) [that are] necessary to enable it to perform its function; or
14 (b) delegated to it by the legislative body[.]; and
15 (9) ensure that its actions taken under this section are consistent with any general plan and
16 interlocal coordination plan adopted at that time.
17 Section 5. Section 10-9-301 is amended to read:
18 10-9-301. General plan.
19 (1) In order to accomplish the purposes set forth in this chapter, each municipality shall
20 prepare and adopt a comprehensive, long-range general plan [for] that:
21 (a) addresses present and future needs of the municipality; [and]
22 (b) addresses growth and development of the land within the municipality or any part of
23 the municipality[.]; and
24 (c) provides for coordination with the plans and needs of entities located adjacent to or
25 within the municipality.
26 (2) The plan may provide for:
27 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
28 activities, aesthetics, and recreational, educational, and cultural opportunities;
29 (b) the reduction of the waste of physical, financial, or human resources that result from
30 either excessive congestion or excessive scattering of population;
31 (c) the efficient and economical use, conservation, and production of the supply of:

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1 (i) food and water; and
2 (ii) drainage, sanitary, and other facilities and resources;
3 (d) the use of energy conservation and solar and renewable energy resources;
4 (e) [the protection of urban] issues involving growth and development; and
5 (f) the protection and promotion of air quality.
6 (3) The municipality may determine the comprehensiveness, extent, and format of the
7 general plan.
8 Section 6. Section 10-9-302 is amended to read:
9 10-9-302. Plan preparation.
10 (1) [(a)] The planning commission shall make and recommend to the legislative body a
11 proposed general plan for the area within the municipality.
12 (2) In preparing or amending the general plan, the planning commission shall:
13 (a) be consistent with the interlocal coordination plan required under Section 11-38-105;
14 and
15 (b) provide public notice and opportunity to participate regarding the planning process for
16 the proposed plan to entities and the public:
17 (i) located within the area the plan affects or may reasonably be expected to affect; and
18 (ii) whose boundaries are within or are adjacent to any portion of the municipality the plan
19 addresses.
20 [(b)] (3) (a) The general plan may include areas outside the boundaries of the municipality
21 if, in the commission's judgment, [they] the areas are related to the planning of the municipality's
22 territory.
23 [(c)] (b) [Except as otherwise provided by law, when] When any provision of the proposed
24 plan of a municipality [involves] includes, affects, or may reasonably be expected to affect
25 territory outside the boundaries of the municipality, the municipality may not [take action affecting
26 that territory] include any of those provisions in the plan without obtaining the written concurrence
27 of the agency, the county, or other municipalities affected.
28 (4) If a disagreement regarding the proposed interlocal coordination plan arises between
29 the municipality and any entity claiming to be affected by any part of the plan, the municipality
30 and the entity shall submit the issue to the dispute resolution process established under Section
31 11-38-106.

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1 [(2)] (5) The general plan, with the accompanying maps, plats, charts and descriptive and
2 explanatory matter, shall show the planning commission's recommendations for the development
3 of the territory covered by the plan, and may include, among other things:
4 (a) a land use element that:
5 (i) designates the proposed general distribution and location and extent of uses of land for
6 housing, business, industry, agriculture, recreation, education, public buildings and grounds, open
7 space, and other categories of public and private uses of land as appropriate; and
8 (ii) may include a statement of the standards of population density and building intensity
9 recommended for the various land use categories covered by the plan;
10 (b) a transportation and circulation element consisting of the general location and extent
11 of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes
12 of transportation that are appropriate, all correlated with the land use element of the plan;
13 (c) an environmental element that addresses:
14 (i) the protection, conservation, development, and use of natural resources, including the
15 quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other
16 natural resources; and
17 (ii) the reclamation of land, flood control, prevention and control of the pollution of
18 streams and other waters, regulation of the use of land on hillsides, stream channels and other
19 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
20 protection of watersheds and wetlands, and the mapping of known geologic hazards;
21 (d) a public services and facilities element showing general plans for sewage, waste
22 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and fire
23 protection, and other public services;
24 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
25 programs for:
26 (i) historic preservation; and
27 (ii) the elimination of blight and for redevelopment, including housing sites, business and
28 industrial sites, and public building sites;
29 (f) an economic element composed of appropriate studies and an economic development
30 plan that may include review of municipal revenue and expenditures, revenue sources,
31 identification of base and residentiary industry, primary and secondary market areas, employment,

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1 and retail sales activity;
2 (g) recommendations for implementing the plan, including the use of zoning ordinances,
3 subdivision ordinances, capital improvement plans, and other appropriate actions; and
4 (h) any other elements the municipality considers appropriate.
5 Section 7. Section 10-9-303 is amended to read:
6 10-9-303. Plan adoption.
7 (1) (a) After completing a proposed general plan for all or part of the area within the
8 municipality, the planning commission shall schedule and hold a public hearing on the proposed
9 plan.
10 (b) The planning commission shall provide reasonable notice of the public hearing at least
11 14 days before the date of the hearing.
12 (c) After the public hearing, the planning commission may make changes to the proposed
13 general plan.
14 (2) The planning commission shall then forward the proposed general plan to the
15 legislative body.
16 (3) (a) The legislative body shall hold a public hearing on the proposed general plan
17 recommended to it by the planning commission.
18 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
19 days before the date of the hearing.
20 (4) After the public hearing, the legislative body may make any modifications to the
21 proposed general plan that it considers appropriate and consistent with the interlocal coordination
22 plan.
23 (5) The legislative body may:
24 (a) adopt the proposed general plan without amendment;
25 (b) amend the proposed general plan and adopt or reject it as amended; or
26 (c) reject the proposed general plan.
27 [(6) (a) The general plan is an advisory guide for land use decisions.]
28 [(b) The legislative body may adopt an ordinance mandating compliance with the general
29 plan.]
30 (6) All zoning and land use ordinances, and other regulations of the municipality affecting
31 land use shall be consistent with the general plan and the interlocal coordination plan.

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1 Section 8. Section 10-9-303.5 is enacted to read:
2 10-9-303.5. Updating general plans.
3 (1) General plans adopted under this chapter shall be updated or readopted not less
4 frequently than every five years from the date the original plan is adopted.
5 (2) The municipality's procedure in conducting the update shall include at a minimum the
6 same notice and opportunities for input in the process as required for the preparation of an original
7 plan under this chapter.
8 Section 9. Section 10-9-402 is amended to read:
9 10-9-402. Preparation and adoption.
10 (1) [The] (a) If the municipality implements a zoning ordinance, the planning commission
11 shall prepare and recommend to the legislative body [a] the proposed zoning ordinance, including
12 both the full text of the zoning ordinance and maps, that represents the commission's
13 recommendations for zoning all or any part of the area within the municipality.
14 (b) The proposed ordinance shall be consistent with the general plan and any interlocal
15 coordination plan adopted by the municipality.
16 (2) As part of the zoning ordinance preparation process, the planning commission shall
17 provide at least 14 days' notice of the hearing, and the opportunity to provide written comment,
18 to the public, and entities whose boundaries, or any portion of their boundaries, are:
19 (a) located within or are adjacent to the area of the municipality the proposed zoning
20 ordinance addresses; or
21 (b) are within an area adjacent to the area the proposed zoning ordinance addresses or
22 could reasonably be expected to affect.
23 [(2)] (3) (a) The legislative body shall hold a public hearing on the proposed zoning
24 ordinance recommended to it by the planning commission.
25 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
26 days before the date of the hearing.
27 (c) If a municipality mails notice of a proposed zoning change to property owners within
28 that municipality within a specified distance of the property on which the zoning change is being
29 proposed, it shall also mail equivalent notice to property owners of an adjacent municipality within
30 the same distance of the property on which the zoning change is being proposed.
31 [(3)] (4) After the public hearing, the legislative body may:

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1 (a) adopt the zoning ordinance as proposed;
2 (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
3 (c) reject the ordinance.
4 Section 10. Section 10-9-404 is amended to read:
5 10-9-404. Temporary regulations.
6 (1) [(a)] The legislative body may, without a public hearing, enact ordinances establishing
7 temporary zoning regulations for any part or all of the area within the municipality [if:] and in
8 compliance with this section.
9 (2) If the legislative body has adopted a general plan, an interlocal coordination plan, or
10 both, temporary zoning regulations may be enacted under this section if:
11 (a) the zoning regulations are consistent with any adopted general plan and interlocal
12 coordination plan;
13 [(i)] (b) the legislative body makes a finding of compelling, countervailing public interest;
14 or
15 [(ii)] (c) the area is unzoned.
16 (3) If the legislative body has not adopted a general plan or an interlocal coordination plan,
17 temporary zoning regulations may be enacted under this section if:
18 (a) the legislative body makes a finding of compelling, countervailing public interest; or
19 (b) the area is unzoned.
20 [(b)] (4) Those temporary zoning regulations enacted in compliance with this section may
21 prohibit or regulate the erection, construction, reconstruction, or alteration of any building or
22 structure or subdivision approval.
23 [(2)] (5) The legislative body shall establish a period of limited effect for the ordinances
24 not to exceed six months.
25 Section 11. Section 10-9-801 is amended to read:
26 10-9-801. Enactment of subdivision ordinance.
27 [The] If the legislative body of any municipality [may enact] enacts a subdivision
28 ordinance [requiring], the ordinance shall:
29 (1) be consistent with the general plan and the interlocal coordination plan of the
30 municipality; and
31 (2) require that a subdivision plat comply with the provisions of the subdivision ordinance

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1 and be approved as required by this part before:
2 [(1)] (a) it may be filed or recorded in the county recorder's office; and
3 [(2)] (b) lots may be sold.
4 Section 12. Section 11-38-101 is enacted to read:
5 CHAPTER 38. INTERLOCAL PLANNING COORDINATION ACT
6 11-38-101. Title
7 This chapter is known as the "Interlocal Planning Coordination Act".
8 Section 13. Section 11-38-102 is enacted to read:
9 11-38-102. Definitions.
10 As used in this chapter:
11 (1) (a) "Agency" means each department, commission, board, council, agency, institution,
12 officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
13 panel, or other administrative unit of the state.
14 (b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
15 office, the State Office of Education, the Board of Regents, the institutional councils of each higher
16 education institution, and each higher education institution.
17 (2) (a) "AOG" stands for "association of governments" and means any one of seven
18 organizations of groups of contiguous counties that:
19 (i) is administered by representatives of all the local governments within the organization's
20 area;
21 (ii) is designated as an "association of governments," by direction of the Executive Order,
22 Appendix IV, issued by Governor Calvin Rampton on May 27, 1970; and
23 (iii) is created under Title 11, Chapter 13, Interlocal Cooperation Act.
24 (b) The counties and titles of the seven AOGs are:
25 (i) Bear River Association of Governments: Box Elder, Cache, and Rich counties;
26 (ii) Wasatch Front Regional Council: Davis, Morgan, Salt Lake, Tooele, and Weber
27 counties;
28 (iii) Mountainlands Association of Governments: Summit, Utah, and Wasatch counties;
29 (iv) Six County Association of Governments: Juab, Millard, Piute, Sanpete, Sevier, and
30 Wayne counties;
31 (v) Five County Association of Governments: Beaver, Garfield, Iron, Kane, and

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1 Washington counties;
2 (vi) Uintah Basin Association of Governments: Daggett, Duchesne, and Uintah counties;
3 and
4 (vii) Southeastern Association of Governments: Carbon, Emery, Grand, and San Juan
5 counties.
6 (3) "Entity" means agencies, local governments, school districts, and special districts.
7 (4) "Growth policy issues" are:
8 (a) growth and development both within areas where adequate public facilities,
9 infrastructure, and services exist or can be provided in an efficient manner and consideration of
10 where urban growth would result in disproportionately high costs for public services or
11 disproportionately high impacts on the environment;
12 (b) affordable housing for all economic segments of the population of Utah, including a
13 variety of residential densities and housing types, and preservation of existing housing stock;
14 (c) conservation of agricultural and forest lands and avoidance of incompatible uses in
15 these areas;
16 (d) retention of open space and development of recreational opportunities, conservation
17 of fish and wildlife habitat, access to natural resource lands and water, and development of parks;
18 (e) protection of the environment and enhancement of Utah's quality of life, including air
19 and water quality;
20 (f) transportation systems that facilitate and are coordinated with Subsections (a) through
21 (e) above;
22 (g) economic development that is consistent with Subsections (a) through (e) above and
23 coordinated with transportation planning;
24 (h) rights of property owners;
25 (i) making of governmental land use decisions at the local level; and
26 (j) coordination of general planning with adjoining or affected entities.
27 (5) "Local government" means any county or municipal government.
28 (6) (a) "Interlocal coordination plan" means a growth plan that is established by an entity
29 regarding air quality, transportation, land use, and water and:
30 (i) is compatible with the regional growth policy as that entity's functions involve or affect
31 those policies; or

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1 (ii) if a regional growth policy for the area where the entity is located has not yet been
2 adopted, addresses the growth policy issues.
3 (b) An interlocal coordination plan may be a part or element of the general plan of a
4 county or municipality.
5 (7) "Regional growth policy" means a growth policy established under Section 11-38-103
6 by a joint and cooperative effort of entities:
7 (a) located within the geographical area of an AOG; and
8 (b) who choose to participate in the formulation of the policy.
9 Section 14. Section 11-38-103 is enacted to read:
10 11-38-103. Regional growth policy.
11 (1) The entities within the boundaries of an AOG shall jointly establish a regional growth
12 policy for the area encompassed by the boundaries.
13 (2) The regional growth policy shall:
14 (a) address the growth policy issues;
15 (b) be formulated in an open and cooperative process that includes:
16 (i) public notice; and
17 (ii) opportunity for representatives of entities, representatives of interested federal
18 agencies, and members of the public to participate fully; and
19 (c) reflect, as accurately as possible, the interests and recommendations of the public and
20 the participating entities, as presented during the formulation process.
21 (3) (a) The AOG shall initiate the formulation process by establishing a date and location
22 for the initial meeting and providing public notice of the date and location.
23 (b) The public and representatives of all entities within the AOG have equal right and
24 standing to participate and present recommendations during the formulation process.
25 Section 15. Section 11-38-104 is enacted to read:
26 11-38-104. The role of the AOG as facilitator in planning.
27 (1) The role of an AOG under this chapter is to facilitate, coordinate, and otherwise assist
28 in the planning processes of the local governments and other entities within the AOG.
29 (2) The AOG is not authorized under this chapter to direct, mandate, or otherwise affect
30 the decisions of the entities subject to, or engaged in, the planning process under this chapter.
31 Section 16. Section 11-38-105 is enacted to read:

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1 11-38-105. Entities to adopt interlocal coordination plans.
2 (1) (a) Each entity, as defined in this chapter, shall prepare an interlocal coordination plan
3 regarding any activities or functions of the entity that involve or can reasonably be expected to
4 affect air quality, transportation, land use, or water resources.
5 (b) The interlocal coordination plan shall be compatible with the regional growth policy
6 established under Section 11-38-103 for the AOG area where the entity is located.
7 (c) In developing the interlocal coordination plan, the entity shall provide public notice
8 of the interlocal coordination plan preparation, and opportunity to participate in and provide input
9 in the plan preparation process, to the public and:
10 (i) all entities that will be affected, or may reasonably be expected to be affected, by the
11 interlocal coordination plan;
12 (ii) any entity adjacent to or sharing a boundary with the planning entity; and
13 (iii) any agency or local government that grants any permit or other authorization to the
14 entity in order for it to carry out any of the activities that involve or can reasonably be expected
15 to affect air quality, transportation, land use, or water resources.
16 (2) If the entity subject to this section is a local government, the interlocal coordination
17 plan may be a part or element of that local government's general plan.
18 Section 17. Section 11-38-106 is enacted to read:
19 11-38-106. Dispute resolution process.
20 (1) (a) The entities within the boundaries of each participating AOG shall jointly establish
21 a dispute resolution process to serve as a forum for resolving disagreements, regarding
22 compatibility of interlocal coordination plans, that may arise during the development of those
23 plans under this chapter.
24 (b) Any dispute resolution process established under this subsection shall provide for
25 participation by representatives of each party involved in the dispute.
26 (2) The participating AOGs shall jointly establish a dispute resolution process to serve as
27 a forum for resolving conflicts between regional growth policies or between interlocal coordination
28 plans of entities whose mutual boundary is also a boundary between two AOGs.
29 (3) The dispute resolution processes established under this section shall be advisory only.
30 Section 18. Section 11-38-107 is enacted to read:
31 11-38-107. Interlocal coordination plan and regional growth policy review.

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1 (1) An entity shall review an interlocal coordination plan or regional growth policy it
2 adopts under this chapter not less than every five years from the date the plan or policy is
3 implemented.
4 (2) The review process shall include public notice and opportunity for participation of
5 entities and the general public to the same extent as required by the interlocal coordination plan
6 or regional growth policy preparation process, as applicable, under this section.
7 Section 19. Section 11-38-108 is enacted to read:
8 11-38-108. Plan certification -- Consistent AOG standards.
9 (1) An entity that has completed or is in the active process of completing an interlocal
10 coordination plan under this chapter may submit documentation of the plan and the plan
11 formulation process to the AOG where it is located for review and certification of compliance with
12 Section 11-38-105 and compatibility with the applicable regional growth policy.
13 (2) Documents submitted for review shall include:
14 (a) proof of public notice of formulation meetings;
15 (b) record of public and entity participation in the formulation process;
16 (c) the plan itself; and
17 (d) any other information the AOG may request in order to determine the plan was
18 formulated in accordance with Section 11-38-105 and is compatible with the applicable regional
19 growth policy.
20 (3) To determine compatibility, the AOG shall consider any written statements it receives
21 from affected entities indicating the plan submitted for certification creates a conflict with that
22 entity's interlocal coordination plan.
23 (4) The AOG shall provide a written statement to the submitting entity certifying the plan's
24 compliance and compatibility if the AOG determines the plan or plan-in-process:
25 (a) was formulated in accordance with Section 11-38-105;
26 (b) is compatible with the applicable regional growth policy adopted under Section
27 11-38-103; and
28 (c) is not part of any unresolved conflict with an adjacent or affected entity.
29 (5) If the AOG finds the submitted plan does not qualify for certification under this
30 section, the AOG shall provide to the submitting entity written comments clearly indicating the
31 reasons the plan was not certified.

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1 (6) (a) Review and determination of certification status under this section shall be
2 completed within 30 days after the AOG receives the written request for review and certification,
3 except the AOG may extend this deadline for one additional period of 30 days upon providing to
4 the submitting entity a written statement of good cause for the extension.
5 (b) If the AOG has not made a determination within the period of time required under
6 Subsection (a), the plan is considered to be certified under this section, and the AOG shall
7 promptly provide to the submitting entity a written statement of certification.
8 (7) The participating AOGs shall jointly establish written standards for the review of plans
9 under this section, to ensure uniformity of standards throughout the state.
10 (8) A certification issued under this section may be submitted by an entity as proof of
11 planning when applying for funds under Section 11-38-110.
12 Section 20. Section 11-38-109 is enacted to read:
13 11-38-109. Dispute resolution -- Good faith participation -- Certification.
14 (1) If the entities participating in the dispute resolution process under this chapter are
15 unable to arrive at a final disposition of the issues, they may advise the AOG and request
16 certification under this section.
17 (2) (a) Upon receipt of the request, the AOG shall then determine if each participant in the
18 process made a good faith effort to arrive at a resolution.
19 (b) The AOG shall provide to each participant that the AOG finds participated in good
20 faith a certificate under this section. The certificate shall include a statement that although
21 resolution was not reached, the participant entity engaged in a good faith effort to reach a
22 resolution with the other parties involved.
23 (3) A certificate issued under this subsection is entitled to the same consideration
24 regarding grant and loan applications as any certificate issued under Section 11-38-108.
25 Section 21. Section 11-38-110 is enacted to read:
26 11-38-110. Permits and authorizations to be compatible with interlocal coordination
27 plans.
28 An entity that grants any permit or other authorization to any applicant in order for that
29 applicant to carry out any activities that involve or can reasonably be expected to affect air quality,
30 transportation, land use, or water resources shall, when determining whether to grant the permit
31 or authorization:

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1 (1) provide public notice and opportunity for comment from the public and affected local
2 governments; and
3 (2) require the applicant to provide a written statement from the local government where
4 the activity is to be carried out, indicating the proposed permit or authorization is compatible with
5 the local government's interlocal coordination plan.
6 Section 22. Section 11-38-111 is enacted to read:
7 11-38-111. Interlocal coordination plans to be considered in funding.
8 In reviewing applications for state funding grants or state loan programs submitted by any
9 entity required to establish an interlocal coordination plan under this chapter, the reviewing entity,
10 including the Legislature, shall give priority in both time and funding amount to any requesting
11 entity the reviewing entity finds has received certification under Section 11-38-108.
12 Section 23. Section 11-38-112 is enacted to read:
13 11-38-112. Technical and financial support for local governments.
14 (1) To the extent funding is appropriated by the Legislature to the state Office of Planning
15 and Budget, the state planning coordinator within that office shall establish a program to provide
16 funding to AOGs to be used to assist local governments in planning under this chapter. The
17 recipient AOGs shall use the funding to provide, on a cash matching basis of not less than 25%:
18 (a) technical resources, such as professional planners, to aid local governments in their
19 interlocal coordination planning processes under this chapter;
20 (b) financial and technical assistance as necessary in developing regional growth policies
21 as required under this chapter; and
22 (c) financial and technical assistance as necessary to conduct reviews of interlocal
23 coordination plans and regional growth policies as required under this chapter.
24 (2) The state planning coordinator shall base the allocation of funds to AOGs on:
25 (a) written applications indicating need and efforts to implement interlocal coordination
26 planning; and
27 (b) resources currently otherwise available to the requesting AOG for planning purposes,
28 including the local government's current access to, and use of, professional planners.
29 Section 24. Section 17-27-103 is amended to read:
30 17-27-103. Definitions -- Notice.
31 (1) As used in this chapter:

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1 (a) "Agency" has the same meaning as in Section 11-38-102.
2 [(a)] (b) "Billboard" means a freestanding ground sign located on industrial, commercial,
3 or residential property if the sign is designed or intended to direct attention to a business, product,
4 or service that is not sold, offered, or existing on the property where the sign is located.
5 [(b)] (c) "Chief executive officer" means the county executive, or if the county has adopted
6 an alternative form of government, the official who exercises the executive powers.
7 [(c)] (d) "Conditional use" means a land use that, because of its unique characteristics or
8 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
9 compatible in some areas or may be compatible only if certain conditions are required that mitigate
10 or eliminate the detrimental impacts.
11 [(d)] (e) "County" means the unincorporated area of the county.
12 [(e)] (f) "Elderly person" means a person who is 60 years old or older, who desires or
13 needs to live with other elderly persons in a group setting, but who is capable of living
14 independently.
15 (g) "Entity" has the same meaning as in Section 11-38-102.
16 [(f)] (h) (i) "General plan" means a document that a county adopts that sets forth general
17 guidelines for proposed future development of the land within the county, as set forth in Sections
18 17-27-301 and 17-27-302.
19 (ii) "General plan" includes what is also commonly referred to as a "master plan."
20 (i) "Growth policy issues" means the issues listed under Section 11-38-102.
21 [(g)] (j) "Handicapped person" means a person who:
22 (i) has a severe, chronic disability attributable to a mental or physical impairment, or to
23 a combination of mental and physical impairments, that is likely to continue indefinitely and that
24 results in a substantial functional limitation in three or more of the following areas of major life
25 activity:
26 (A) self-care;
27 (B) receptive and expressive language;
28 (C) learning;
29 (D) mobility;
30 (E) self-direction;
31 (F) capacity for independent living; and

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1 (G) economic self-sufficiency; and
2 (ii) requires a combination or sequence of special interdisciplinary or generic care,
3 treatment, or other services that are individually planned and coordinated to allow the person to
4 function in, and contribute to, a residential neighborhood.
5 (k) "Interlocal coordination plan" has the same meaning as in Section 11-38-102.
6 [(h)] (l) "Legislative body" means the county legislative body, or for a county that has
7 adopted an alternative form of government, the body exercising legislative powers.
8 [(i)] (m) "Lot line adjustment"means the relocation of the property boundary line between
9 two adjoining lots with the consent of the owners of record.
10 [(j)] (n) "Municipality" means a city or town.
11 [(k)] (o) "Nonconforming structure" means a structure that:
12 (i) legally existed before its current zoning designation; and
13 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
14 setback, height restrictions, or other regulations that govern the structure.
15 [(l)] (p) "Nonconforming use" means a use of land that:
16 (i) legally existed before its current zoning designation;
17 (ii) has been maintained continuously since the time the zoning regulation governing the
18 land changed; and
19 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
20 that now govern the land.
21 [(m)] (q) "Official map" means a map of proposed streets that has the legal effect of
22 prohibiting development of the property until the county develops the proposed street.
23 [(n)] (r) (i) "Residential facility for elderly persons" means a single-family or
24 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
25 under authority of that part.
26 (ii) "Residential facility for elderly persons" does not include a health care facility as
27 defined by Section 26-21-2.
28 [(o)] (s) "Residential facility for handicapped persons" means a single-family or
29 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
30 under authority of that part.
31 [(p)] (t) "Special district" means all entities established under the authority of Title 17A

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1 and any other governmental or quasi-governmental entity that is not a county, municipality, school
2 district, or unit of the state.
3 [(q)] (u) "Street" means public rights-of-way, including highways, avenues, boulevards,
4 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
5 other ways.
6 [(r)] (v) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
7 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
8 whether immediate or future, for offer, sale, lease, or development either on the installment plan
9 or upon any and all other plans, terms, and conditions.
10 (ii) "Subdivision" includes the division or development of land whether by deed, metes
11 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
12 (iii) "Subdivision" does not include a bona fide division or partition of agricultural land
13 for agricultural purposes or of commercial, manufacturing, or industrial land for commercial,
14 manufacturing, or industrial purposes.
15 [(s)] (w) "Unincorporated" means the area outside of the incorporated boundaries of cities
16 and towns.
17 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
18 it:
19 (i) posts notice of the hearing or meeting in at least three public places within the
20 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
21 in the jurisdiction, if one is available; or
22 (ii) gives actual notice of the hearing or meeting.
23 (b) A county legislative body may enact an ordinance establishing stricter notice
24 requirements than those required by this subsection.
25 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
26 is prima facie evidence that notice was properly given.
27 (ii) If notice given under authority of this section is not challenged as provided in Section
28 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
29 is considered adequate and proper.
30 Section 25. Section 17-27-105 is amended to read:
31 17-27-105. Property owned by other government units -- Effect of land use and

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1 development ordinances.
2 (1) (a) Each county, municipality, school district, special district, and political subdivision
3 [of Utah] shall conform to, and agencies shall be compatible with, the general plan, interlocal
4 coordination plan, and land use and development ordinances of any county when granting permits
5 or other authorization, or installing, constructing, operating, or otherwise using any area, land, or
6 building situated within that county [only in a manner or for a purpose that conforms to that
7 county's ordinances], except as provided under Subsection (b).
8 (b) When state agencies construct, operate, or otherwise use any area, land, or building,
9 or grant permits or other authorizations within a county that involve or may reasonably be
10 expected to affect air quality, transportation, land use, or water, state agencies shall, prior to taking
11 action:
12 (i) notify the county of its intentions;
13 (ii) provide an opportunity for the county and the public to provide comment and input;
14 and
15 (iii) coordinate with the interlocal coordination plan and land use and development
16 ordinances of the affected county.
17 [(b)] (c) In addition to any other remedies provided by law, when a county's general plan,
18 interlocal coordination plan, or land use and development ordinances are being violated or about
19 to be violated by another political subdivision, that county may institute injunction, mandamus,
20 abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove the
21 improper installation, improvement, or use.
22 (2) A school district is subject to a county's general plan, interlocal coordination plan, and
23 land use and development regulations under this chapter, except that a county may not:
24 (a) impose requirements for landscaping, fencing, aesthetic considerations, construction
25 methods or materials, building codes, building use for educational purposes, or the placement or
26 use of temporary classroom facilities on school property;
27 (b) require a school district to participate in the cost of any roadway or sidewalk not
28 reasonably necessary for the safety of school children and not located on or contiguous to school
29 property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
30 to an existing roadway;
31 (c) require a district to pay fees not authorized by this section;

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1 (d) provide for inspection of school construction or assess a fee or other charges for
2 inspection, unless neither the school district nor the state superintendent has provided for
3 inspection by an inspector, other than the project architect or contractor, who is qualified under
4 criteria established by the state superintendent with the approval of the state building board and
5 state fire marshal; or
6 (e) require a school district to pay any impact fee for an improvement project that is not
7 reasonably related to the impact of the project upon the need that the improvement is to address[;
8 or].
9 [(f) impose regulations upon the location of a project except as necessary to avoid
10 unreasonable risks to health or safety.]
11 Section 26. Section 17-27-201 is amended to read:
12 17-27-201. Planning commission -- Appointment, term, vacancy, and compensation.
13 (1) Each county [may] preparing a general plan, an interlocal coordination plan, or any
14 land use ordinance shall enact an ordinance establishing:
15 (a) one countywide planning commission; or
16 (b) one district planning commission for each planning district.
17 (2) If the county establishes a countywide planning commission, the ordinance shall
18 define:
19 (a) the number and terms of the members;
20 (b) the mode of appointment;
21 (c) the procedures for filling vacancies and removal from office; and
22 (d) other details relating to the organization and procedures of the planning commission.
23 (3) (a) If the county establishes district planning commissions, the county legislative body
24 shall enact an ordinance defining appointment procedures, procedures for filling vacancies and
25 removing members from office, and other details relating to the organization and procedures of
26 each district planning commission.
27 (b) Each district planning commission shall consist of seven members appointed by the
28 county executive with the advice and consent of the county legislative body.
29 (c) [(i)] Members shall serve three-year terms and until their successors are appointed and
30 qualified[. (ii) Notwithstanding the provisions of Subsection (3)(c)(i)], except that the chief
31 executive shall appoint members of the [first] initial district planning commissions so that, for each

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1 commission, the terms of at least two members and no more than three members expire each year.
2 (4) The legislative body may fix per diem compensation for the members of the planning
3 commission, based on necessary and reasonable expenses and on meetings actually attended.
4 Section 27. Section 17-27-204 is amended to read:
5 17-27-204. Powers and duties.
6 (1) A countywide planning commission shall:
7 (a) prepare and recommend to the legislative body as provided in this chapter a general
8 plan, which may include an interlocal coordination plan, and amendments to the general plan [to
9 the legislative body as provided in this chapter];
10 (b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
11 maps, to the legislative body as provided in this chapter;
12 (c) administer provisions of the zoning ordinance, where specifically provided for in the
13 zoning ordinance adopted by the legislative body;
14 (d) recommend subdivision regulations and amendments to those regulations to the
15 legislative body as provided in this chapter;
16 (e) recommend approval or denial of subdivision applications as provided in this chapter;
17 (f) advise the legislative body on matters as the legislative body directs;
18 (g) hear or decide any matters that the legislative body designates, including the approval
19 or denial of, or recommendations to approve or deny, conditional use permits;
20 (h) exercise any other powers:
21 (i) that are necessary to enable it to perform its function; or
22 (ii) delegated to it by the legislative body.
23 (2) Each district planning commission shall:
24 (a) prepare and recommend to the legislative body as provided in this chapter a general
25 plan, which may include an interlocal coordination plan, for the planning district and amendments
26 to the general plan [to the legislative body as provided in this chapter];
27 (b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
28 maps, to the legislative body as provided in this chapter;
29 (c) administer provisions of the zoning ordinance, where specifically provided for in the
30 zoning ordinance adopted by the legislative body;
31 (d) recommend subdivision regulations and amendments to those regulations to the

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1 legislative body as provided in this chapter;
2 (e) recommend approval or denial of subdivision applications as provided in this chapter;
3 (f) advise the legislative body on matters as the legislative body directs;
4 (g) hear or decide any matters that the legislative body designates, including the approval
5 or denial of, or recommendations to approve or deny, conditional use permits;
6 (h) exercise any other powers:
7 (i) [that are] necessary to enable it to perform its function; or
8 (ii) delegated to it by the legislative body.
9 (3) The planning commissions shall ensure actions taken under this section are consistent
10 with any general plan and any interlocal coordination plan adopted at that time.
11 Section 28. Section 17-27-301 is amended to read:
12 17-27-301. General plan.
13 (1) In order to accomplish the purposes set forth in this chapter, each county shall prepare
14 and adopt a comprehensive, long range general plan [for] that:
15 (a) addresses the present and future needs of the county; [and]
16 (b) addresses the growth and development of the land within the county or any part of the
17 county, including uses of land for urbanization, trade, industry, residential, agricultural, wildlife
18 habitat, and other purposes[.]; and
19 (c) provides for coordination with the plans and needs of entities located adjacent to or
20 within the county.
21 (2) The plan may also provide for:
22 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
23 activities, aesthetics, and recreational, educational, and cultural opportunities;
24 (b) the reduction of the waste of physical, financial, or human resources that result from
25 either excessive congestion or excessive scattering of population;
26 (c) the efficient and economical use, conservation, and production of the supply of:
27 (i) food and water; and
28 (ii) drainage, sanitary, and other facilities and resources;
29 (d) the use of energy conservation and solar and renewable energy resources;
30 (e) [the protection of urban] issues involving growth and development; and
31 (f) the protection and promotion of air quality.

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1 (3) The plan may define the county's local customs, local culture, and the components
2 necessary for the county's economic stability.
3 (4) The county may determine the comprehensiveness, extent, and format of the general
4 plan.
5 Section 29. Section 17-27-302 is amended to read:
6 17-27-302. General plan preparation.
7 (1) [(a)] The planning commission shall make and recommend to the legislative body a
8 proposed general plan for the area within the county.
9 (2) In preparing or amending the general plan, the planning commission shall:
10 (a) be consistent with the interlocal coordination plan required under Section 11-38-105;
11 (b) provide public notice and opportunity to participate regarding the planning process for
12 the proposed plan to the entities and the public:
13 (i) located within the area the plan affects or may reasonably be expected to affect; and
14 (ii) whose boundaries are within or are adjacent to any portion of the county the plan
15 addresses.
16 [(b) (i)] (3) (a) The general plan may include planning for incorporated areas if, in the
17 planning commission's judgment, [they] the areas are related to the planning of the unincorporated
18 territory or of the county as a whole.
19 [(ii)] (b) Elements of the county plan that address incorporated areas are not an official
20 plan or part of a municipal plan for any municipality, unless it is adopted by the municipal
21 planning commission and the governing body of the municipality.
22 (4) If a disagreement regarding the proposed interlocal coordination plan arises between
23 the county and any entity claiming to be affected by any part of the plan, the county and the entity
24 shall submit the issue to the dispute resolution process established under Section 11-38-106.
25 [(2)] (5) The general plan, with the accompanying maps, plats, charts and descriptive and
26 explanatory matter, shall show the planning commission's recommendations for the development
27 of the territory covered by the plan, and may include, among other things:
28 (a) a land use element that:
29 (i) designates the proposed general distribution and location and extent of uses of land for
30 housing, business, industry, agriculture, recreation, education, public buildings and grounds, open
31 space, and other categories of public and private uses of land as appropriate; and

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1 (ii) may include a statement of the standards of population density and building intensity
2 recommended for the various land use categories covered by the plan;
3 (b) a transportation and circulation element consisting of the general location and extent
4 of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes
5 of transportation that are appropriate, all correlated with the land use element of the plan;
6 (c) an environmental element that addresses:
7 (i) the protection, conservation, development, and use of natural resources, including the
8 quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other
9 natural resources; and
10 (ii) the reclamation of land, flood control, prevention and control of the pollution of
11 streams and other waters, regulation of the use of land on hillsides, stream channels and other
12 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
13 protection of watersheds and wetlands, and the mapping of known geologic hazards;
14 (d) a public services and facilities element showing general plans for sewage, waste
15 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and fire
16 protection, and other public services;
17 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
18 programs for:
19 (i) historic preservation; and
20 (ii) the elimination of blight and for redevelopment, including housing sites, business and
21 industrial sites, and public building sites;
22 (f) an economic element composed of appropriate studies and an economic development
23 plan that may include review of county revenue and expenditures, revenue sources, identification
24 of base and residentiary industry, primary and secondary market areas, employment, and retail
25 sales activity;
26 (g) recommendations for implementing the plan, including the use of zoning ordinances,
27 subdivision ordinances, capital improvement plans, and other appropriate actions; and
28 (h) any other elements that the county considers appropriate.
29 Section 30. Section 17-27-303 is amended to read:
30 17-27-303. Plan adoption.
31 (1) (a) After completing a proposed general plan for all or part of the area within the

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1 county, the planning commission shall schedule and hold a public hearing on the proposed plan.
2 (b) The planning commission shall provide reasonable notice of the public hearing at least
3 14 days before the date of the hearing.
4 (c) After the public hearing, the planning commission may make changes to the proposed
5 general plan.
6 (2) The planning commission shall then forward the proposed general plan to the
7 legislative body.
8 (3) (a) The legislative body shall hold a public hearing on the proposed general plan
9 recommended to it by the planning commission.
10 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
11 days before the date of the hearing.
12 (4) After the public hearing, the legislative body may make any modifications to the
13 proposed general plan that it considers appropriate and consistent with the interlocal coordination
14 plan.
15 (5) The legislative body may:
16 (a) adopt the proposed general plan without amendment;
17 (b) amend the proposed general plan and adopt or reject it as amended; or
18 (c) reject the proposed general plan.
19 [(6) (a) The general plan is an advisory guide for land use decisions.]
20 [(b) The legislative body may adopt an ordinance mandating compliance with the general
21 plan.]
22 (6) All zoning and land use ordinances, and other regulations of the county shall be
23 consistent with the general plan and the interlocal coordination plan.
24 Section 31. Section 17-27-303.5 is enacted to read:
25 17-27-303.5. Updating general plans.
26 (1) General plans adopted under this chapter shall be updated or readopted not less
27 frequently than every five years from the date the original plan is adopted.
28 (2) The procedure in conducting the update shall include at a minimum the same notice
29 and opportunities for input in the process as required for the preparation of an original plan under
30 this chapter.
31 Section 32. Section 17-27-402 is amended to read:

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1 17-27-402. Preparation and adoption.
2 (1) [The] (a) If the county implements a zoning ordinance, the planning commission shall
3 prepare and recommend to the legislative body [a] the proposed zoning ordinance, including both
4 the full text of the zoning ordinance and maps, that represents the commission's recommendations
5 for zoning all or any part of the area within the county.
6 (b) The proposed ordinance shall be consistent with the general plan and interlocal
7 coordination plan adopted by the county.
8 (2) As part of the zoning ordinance preparation process, the planning commission shall
9 provide at least 14 days' notice of the hearing, and the opportunity to provide written comment,
10 to governmental entities whose boundaries, or any portion of their boundaries, are:
11 (a) located within or are adjacent to the area of the county the proposed zoning ordinance
12 addresses; or
13 (b) are within an area adjacent to the area the proposed zoning ordinance addresses or
14 could reasonably be expected to affect.
15 [(2)] (3) (a) The legislative body shall hold a public hearing on the proposed zoning
16 ordinance recommended to it by the planning commission.
17 [(b)] (4) The legislative body shall provide reasonable notice of the public hearing at least
18 14 days before the date of the hearing.
19 [(3)] (5) After the public hearing, the legislative body may:
20 (a) adopt the zoning ordinance as proposed;
21 (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
22 (c) reject the ordinance.
23 Section 33. Section 17-27-404 is amended to read:
24 17-27-404. Temporary regulations.
25 (1) [(a)] The legislative body may, without a public hearing, enact ordinances establishing
26 temporary zoning regulations for any part or all of the area within the county [if:] and in
27 compliance with this section.
28 (2) If the legislative body has adopted a general plan, an interlocal coordination plan, or
29 both, temporary zoning regulations may be enacted under this section if:
30 (a) the zoning regulations are consistent with any adopted general plan and interlocal
31 coordination plan;

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1 [(i)] (b) the legislative body makes a finding of compelling, countervailing public interest;
2 or
3 [(ii)] (c) the area is unzoned.
4 (3) If the legislative body has not adopted a general plan or an interlocal coordination plan,
5 temporary zoning regulations may be enacted under this section if:
6 (a) the legislative body makes a finding of compelling, countervailing public interest; or
7 (b) the area is unzoned.
8 [(b)] (4) Those temporary zoning regulations enacted in compliance with this section may
9 prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building
10 or structure or subdivision approval.
11 [(2)] (5) The legislative body shall establish a period of limited effect for temporary
12 ordinances not to exceed six months.
13 Section 34. Section 17-27-801 is amended to read:
14 17-27-801. Enactment of subdivision ordinance.
15 [The] If the legislative body of any county [may enact] enacts a subdivision ordinance
16 [requiring], the ordinance shall:
17 (1) be consistent with the general plan and the interlocal coordination plan of the county;
18 and
19 (2) require that a subdivision plat comply with the provisions of the subdivision ordinance
20 and be approved as required by this part before:
21 [(1)] (a) it may be filed or recorded in the county recorder's office; and
22 [(2)] (b) lots may be sold.
23 Section 35. Repealer.
24 This act repeals:
25 Section 10-9-401, General powers.
26 Section 17-27-401, General powers.
27 Section 36. Appropriation.
28 There is appropriated from the General Fund to the Governor's Office of Planning and
29 Budget $225,000 for fiscal year 1997-98 to be applied solely to the local government planning
30 assistance program created under Section 11-38-111. This appropriation is nonlapsing.


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Legislative Review Note
as of 11-21-96 1:19 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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