H.B. 51

1

HISTORIC PRESERVATION IN GENERAL
2 PLANS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ralph Becker
6 This act modifies the Utah Municipal Code and provisions relating to Counties. The act
7 adds historic preservation to the matters that the general plan of a county or municipality
8 may provide for.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-9-301, as last amended by Chapter 34, Laws of Utah 2000
12 17-27-301, as last amended by Chapter 107, Laws of Utah 2001
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 10-9-301 is amended to read:
15 10-9-301. General plan.
16 (1) In order to accomplish the purposes set forth in this chapter, each municipality shall
17 prepare and adopt a comprehensive, long-range general plan for:
18 (a) present and future needs of the municipality; and
19 (b) growth and development of the land within the municipality or any part of the
20 municipality.
21 (2) The plan may 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
25 from 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 development;
31 (f) the protection and promotion of air quality; [and]
32 (g) historic preservation; and
33 [(g)] (h) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation
34 Corridor Preservation.
35 (3) The municipality may determine the comprehensiveness, extent, and format of the
36 general plan.
37 Section 2. Section 17-27-301 is amended to read:
38 17-27-301. General plan.
39 (1) In order to accomplish the purposes set forth in this chapter, each county shall
40 prepare and adopt a comprehensive general plan for:
41 (a) the present and future needs of the county; and
42 (b) the growth and development of the land within the county or any part of the county,
43 including uses of land for urbanization, trade, industry, residential, agricultural, wildlife
44 habitat, and other purposes.
45 (2) The plan may provide for:
46 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
47 activities, aesthetics, and recreational, educational, and cultural opportunities;
48 (b) the reduction of the waste of physical, financial, or human resources that result
49 from either excessive congestion or excessive scattering of population;
50 (c) the efficient and economical use, conservation, and production of the supply of:
51 (i) food and water; and
52 (ii) drainage, sanitary, and other facilities and resources;
53 (d) the use of energy conservation and solar and renewable energy resources;
54 (e) the protection of urban development;
55 (f) the protection and promotion of air quality; [and]
56 (g) historic preservation; and
57 [(g)] (h) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation
58 Corridor Preservation.

59 (3) (a) The plan shall include specific provisions related to any areas within, or
60 partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
61 county, which are proposed for the siting of a storage facility or transfer facility for the
62 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
63 these wastes are defined in Section 19-3-303 . The provisions shall address the effects of the
64 proposed site upon the health and general welfare of citizens of the state, and shall provide:
65 (i) the information identified in Section 19-3-305 ;
66 (ii) information supported by credible studies that demonstrates that the provisions of
67 Subsection 19-3-307 (2) have been satisfied; and
68 (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
69 than class C radioactive waste and guarantee the health and safety of the citizens of the state.
70 (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
71 indicating that all proposals for the siting of a storage facility or transfer facility for the
72 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
73 partially within the county are rejected.
74 (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
75 (d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to
76 the executive director of the Department of Environmental Quality by certified mail within 30
77 days of enactment.
78 (e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county
79 shall:
80 (i) comply with Subsection (3)(a) as soon as reasonably possible; and
81 (ii) send a certified copy of the repeal to the executive director of the Department of
82 Environmental Quality by certified mail within 30 days after the repeal.
83 (4) The plan may define the county's local customs, local culture, and the components
84 necessary for the county's economic stability.
85 (5) The county may determine the comprehensiveness, extent, and format of the
86 general plan.

Legislative Review Note
as of 11-22-02 3:06 PM

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

Office of Legislative Research and General Counsel