First Substitute H.B. 156

Representative R. Curt Webb proposes the following substitute bill:

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 agricultural land within a county of the third, fourth, fifth, or
13 sixth class to divide from the land one parcel per 100 acres, without complying with
14 subdivision plat requirements or county subdivision ordinances; and
15 . prohibits counties of the third, fourth, fifth, and sixth class from denying a building
16 permit to an owner of a minor subdivision parcel if the parcel meets the county's
17 reasonable standards for health, safety, and access.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 17-27a-605, as last amended by Laws of Utah 2006, Chapter 240
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 17-27a-605 is amended to read:
28 17-27a-605. Exemptions from plat requirement.
29 (1) Notwithstanding Sections 17-27a-603 and 17-27a-604 , the land use authority may
30 approve the subdivision of unincorporated land into ten lots or less without a plat, by certifying
31 in writing that:
32 (a) the county has provided notice as required by ordinance; and
33 (b) the proposed subdivision:
34 (i) is not traversed by the mapped lines of a proposed street as shown in the general
35 plan and does not require the dedication of any land for street or other public purposes;
36 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
37 (iii) is located in a zoned area; and
38 (iv) conforms to all applicable land use ordinances or has properly received a variance
39 from the requirements of an otherwise conflicting and applicable land use ordinance.
40 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
41 land is exempt from the plat requirements of Section 17-27a-603 if the lot or parcel:
42 (i) qualifies as land in agricultural use under Section 59-2-502 ;
43 (ii) meets the minimum size requirement of applicable land use ordinances; and
44 (iii) is not used and will not be used for any nonagricultural purpose.
45 (b) The boundaries of each lot or parcel exempted under Subsection (1) shall be
46 graphically illustrated on a record of survey map that, after receiving the same approvals as are
47 required for a plat under Section 17-27a-604 , shall be recorded with the county recorder.
48 (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
49 purpose, the county may require the lot or parcel to comply with the requirements of Section
50 17-27a-603 .
51 (3) (a) [Documents] Except as provided in Subsection (4), a document recorded in the
52 county recorder's office that [divide] divides property by a metes and bounds description [do]
53 does not create an approved subdivision allowed by this part unless the land use authority's
54 certificate of written approval required by Subsection (1)(a)(ii) is attached to the document.
55 (b) The absence of the certificate or written approval required by Subsection (1) does
56 not affect the validity of a recorded document.

57 (c) A document which does not meet the requirements of Subsection (1) may be
58 corrected by the recording of an affidavit to which the required certificate or written approval is
59 attached in accordance with Section 57-3-106 .
60 (4) (a) As used in this Subsection (4), "minor subdivision" means a division of
61 agricultural land in a county of the third, fourth, fifth, or sixth class to create no more than one
62 parcel per 100 acres of agricultural land.
63 (b) Notwithstanding Sections 17-27a-603 and 17-27a-604 , an owner of agricultural
64 land may make a minor subdivision by submitting for recording in the office of the recorder of
65 the county in which the land is located a recordable deed describing by metes and bounds each
66 parcel divided from the agricultural land.
67 (c) A minor subdivision parcel:
68 (i) may not be less than one acre in size;
69 (ii) may not be closer than 1,000 feet to another parcel created by a minor subdivision;
70 and
71 (iii) is not subject to the subdivision ordinance of the county in which the parcel is
72 located.
73 (d) A county:
74 (i) may not deny a building permit to an owner of a parcel created by a minor
75 subdivision based on the parcel's status as a minor subdivision parcel; and
76 (ii) may, in connection with the issuance of a building permit, subject a minor
77 subdivision parcel to reasonable health, safety, and access standards.