S.B. 110 Enrolled

LIMIT ON PLAN CHECK FEE
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael G. Waddoups
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; AND LIMITING THE
AMOUNT CITIES, TOWNS, AND COUNTIES MAY CHARGE AS A PLAN CHECK FEE.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
10-9-107, Utah Code Annotated 1953
17-27-106, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-107 is enacted to read:
10-9-107. Limit on plan check fees.
(1) A municipality may not impose or collect a fee for reviewing or approving the plans
for a commercial or residential building that exceeds the lesser of:
(a) the actual cost of performing the plan review; and
(b) 65% of the amount the municipality charges for a building permit fee for that building.
(2) (a) For purposes of this Subsection (2):
(i) "Identical plans" means building plans submitted to a municipality that:
(A) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(B) describe a building that is:
(I) located on land zoned the same as the land on which the building described in the
previously approved plans is located; and
(II) subject to the same geological and meteorological conditions and the same law as the
building described in the previously approved plans.
(ii) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(A) verifying that building plans are identical plans; and

(B) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans referred to in Subsection (2)(a)(i).
(b) Subject to Subsection (1), a municipality may impose and collect only a nominal fee for
reviewing and approving identical plans.
Section 2. Section 17-27-106 is enacted to read:
17-27-106. Limit on plan check fees.
(1) A county may not impose or collect a fee for reviewing or approving the plans for a
commercial or residential building that exceeds the lessor of:
(a) the actual cost of performing the plan review; and
(b) 65% of the amount the county charges for a building permit fee for that building.
(2) (a) For purposes of this Subsection (2):
(i) "Identical plans" means building plans submitted to a county that:
(A) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the county; and
(B) describe a building that is:
(I) located on land zoned the same as the land on which the building described in the
previously approved plans is located; and
(II) subject to the same geological and meteorological conditions and the same law as the
building described in the previously approved plans.
(ii) "Nominal fee" means a fee that reasonably reimburses a county only for time spent and
expenses incurred in:
(A) verifying that building plans are identical plans; and
(B) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans referred to in Subsection (2)(a)(i).
(b) Subject to Subsection (1), a county may impose and collect only a nominal fee for
reviewing and approving identical plans.

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