H.B. 156 Enrolled

1

SUBDIVISION APPROVAL AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: R. Curt Webb
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill modifies county provisions relating to subdivisions.
10 Highlighted Provisions:
11 This bill:
12 . authorizes an owner of a contiguous parcel of agricultural land within a county of
13 the third, fourth, fifth, or sixth class to divide from the land one parcel per 100
14 acres, without complying with subdivision plat requirements or county subdivision
15 ordinances; and
16 . prohibits counties of the third, fourth, fifth, and sixth class from denying a building
17 permit to an owner of a minor subdivision parcel if the parcel meets the county's
18 reasonable standards for health, safety, and access.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17-27a-605, as last amended by Laws of Utah 2006, Chapter 240
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 17-27a-605 is amended to read:
29 17-27a-605. Exemptions from plat requirement -- Minor subdivision.

30 (1) Notwithstanding Sections 17-27a-603 and 17-27a-604 , the land use authority may
31 approve the subdivision of unincorporated land into ten lots or less without a plat, by
32 certifying in writing that:
33 (a) the county has provided notice as required by ordinance; and
34 (b) the proposed subdivision:
35 (i) is not traversed by the mapped lines of a proposed street as shown in the general
36 plan and does not require the dedication of any land for street or other public purposes;
37 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
38 (iii) is located in a zoned area; and
39 (iv) conforms to all applicable land use ordinances or has properly received a variance
40 from the requirements of an otherwise conflicting and applicable land use ordinance.
41 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of
42 agricultural land is exempt from the plat requirements of Section 17-27a-603 if the lot or
43 parcel:
44 (i) qualifies as land in agricultural use under Section 59-2-502 ;
45 (ii) meets the minimum size requirement of applicable land use ordinances; and
46 (iii) is not used and will not be used for any nonagricultural purpose.
47 (b) The boundaries of each lot or parcel exempted under Subsection (1) shall be
48 graphically illustrated on a record of survey map that, after receiving the same approvals as are
49 required for a plat under Section 17-27a-604 , shall be recorded with the county recorder.
50 (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
51 purpose, the county may require the lot or parcel to comply with the requirements of Section
52 17-27a-603 .
53 (3) (a) [Documents] Except as provided in Subsection (4), a document recorded in the
54 county recorder's office that [divide] divides property by a metes and bounds description [do]
55 does not create an approved subdivision allowed by this part unless the land use authority's
56 certificate of written approval required by Subsection (1)(a)(ii) is attached to the document.
57 (b) The absence of the certificate or written approval required by Subsection (1) does

58 not affect the validity of a recorded document.
59 (c) A document which does not meet the requirements of Subsection (1) may be
60 corrected by the recording of an affidavit to which the required certificate or written approval
61 is attached in accordance with Section 57-3-106 .
62 (4) (a) As used in this Subsection (4):
63 (i) "Applicable land":
64 (A) means the agricultural land sought to be divided under this Subsection (4) by a
65 minor subdivision; and
66 (B) includes land previously divided from the agricultural land by a minor
67 subdivision.
68 (ii) "Minor subdivision" means a division of a single, contiguous parcel of agricultural
69 land in a county of the third, fourth, fifth, or sixth class to create no more than one parcel per
70 100 acres of applicable land.
71 (b) (i) Notwithstanding Sections 17-27a-603 and 17-27a-604 , an owner of agricultural
72 land may make a minor subdivision by submitting for recording in the office of the recorder of
73 the county in which the land is located:
74 (A) a recordable deed describing by metes and bounds each parcel divided from the
75 agricultural land; and
76 (B) a notice of the creation of a minor subdivision, containing the legal description of
77 each parcel divided from the agricultural land.
78 (ii) An owner of agricultural land may not make a minor subdivision if the minor
79 subdivision would result in the applicable land having more than one minor subdivision parcel
80 per 100 acres of applicable land.
81 (c) A minor subdivision parcel:
82 (i) may not be less than one acre in size;
83 (ii) may not be closer than 1,000 feet to another parcel created by a minor subdivision;
84 and
85 (iii) is not subject to the subdivision ordinance of the county in which the parcel is

86 located.
87 (d) A county:
88 (i) may not deny a building permit to an owner of a parcel created by a minor
89 subdivision based on the parcel's status as a minor subdivision parcel; and
90 (ii) may, in connection with the issuance of a building permit, subject a minor
91 subdivision parcel to reasonable health, safety, and access standards.