H.B. 216

1

TRANSFER OF DEVELOPMENT RIGHTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brent D. Parker
5 This act modifies the Utah Municipal Code and the County Code by enabling counties and
6 municipalities to enact transfer of development rights ordinances. The act clarifies that
7 transfer of development rights ordinances enacted prior to the effective date of this act are
8 unaffected.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-9-102, as last amended by Chapter 93, Laws of Utah 1992
12 17-27-102, as last amended by Chapter 107, Laws of Utah 2001
13 This act enacts uncodified material.
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 10-9-102 is amended to read:
16 10-9-102. Purpose.
17 To accomplish the purpose of this chapter, and in order to provide for the health, safety,
18 and welfare, and promote the prosperity, improve the morals, peace and good order, comfort,
19 convenience, and aesthetics of the municipality and its present and future inhabitants and
20 businesses, to protect the tax base, secure economy in governmental expenditures, foster the state's
21 agricultural and other industries, protect both urban and nonurban development, and to protect
22 property values, municipalities may enact all ordinances, resolutions, and rules that they consider
23 necessary for the use and development of land within the municipality, including ordinances,
24 resolutions, and rules governing uses, density, open spaces, purchase and transfer of development
25 rights, structures, buildings, energy efficiency, light and air, air quality, transportation and public
26 or alternative transportation, infrastructure, public facilities, vegetation, and trees and landscaping,
27 unless those ordinances, resolutions, or rules are expressly prohibited by law.

28 Section 2. Section 17-27-102 is amended to read:
29 17-27-102. Purpose.
30 (1) To accomplish the purpose of this chapter, and in order to provide for the health,
31 safety, and welfare, and promote the prosperity, improve the morals, peace and good order,
32 comfort, convenience, and aesthetics of the county and its present and future inhabitants and
33 businesses, to protect the tax base, secure economy in governmental expenditures, foster the state's
34 agricultural and other industries, protect both urban and nonurban development, and to protect
35 property values, counties may enact all ordinances, resolutions, and rules that they consider
36 necessary for the use and development of land within the county, including ordinances, resolutions,
37 and rules governing uses, density, open spaces, purchase and transfer of development rights,
38 structures, buildings, energy-efficiency, light and air, air quality, transportation and public or
39 alternative transportation, infrastructure, public facilities, vegetation, and trees and landscaping,
40 unless those ordinances, resolutions, or rules are expressly prohibited by law.
41 (2) A county shall comply with the mandatory provisions of this part before any agreement
42 or contract to provide goods, services, or municipal-type services to any storage facility or transfer
43 facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed
44 or implemented.
45 Section 3. Effect on previously enacted ordinances.
46 Any county or municipal ordinance enacted prior to the effective date of this act dealing
47 with the purchase and transfer of development rights continues in force and is unaffected by the
48 passage of this act.




Legislative Review Note
as of 11-8-01 10:56 AM

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

Office of Legislative Research and General Counsel