S.B. 209 Enrolled

1

LAND USE, DEVELOPMENT, AND
2 MANAGEMENT ACT AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory S. Bell
6 House Sponsor: Michael T. Morley
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use provisions.
11 Highlighted Provisions:
12 This bill:
13 . modifies county and municipal provisions relating to the notice required for a
14 proposed subdivision or an amendment to a subdivision and makes them apply to
15 amendments only;
16 . modifies county and municipal provisions relating to a hearing and notice
17 requirement for a proposal to vacate, alter, or amend a public street or right-of-way
18 to:
19 . make the provisions apply to a proposal to vacate some or all of a public street,
20 right-of-way, or easement;
21 . replace the land use authority with the legislative body as the body responsible
22 to hold a public hearing and provide notice; and
23 . modify the notice that is required;
24 . eliminates the requirement for a planning commission recommendation on a
25 subdivision plat in certain circumstances when the planning commission is not the
26 land use authority;
27 . provides exceptions to a prohibition against separate ownership or conveyance of a
28 parcel designated as a common or community area;
29 . modifies county and municipal provisions relating to the vacation, alteration, or

30 amendment of a subdivision plat;
31 . modifies the basis upon which a land use authority may approve the vacation,
32 alteration, or amendment of a plat;
33 . modifies county and municipal provisions relating to the vacation or alteration of a
34 public street or right-of-way;
35 . repeals a redundant provision; and
36 . makes technical changes.
37 Monies Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 10-9a-207, as last amended by Laws of Utah 2006, Chapter 240
44 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
45 10-9a-604, as last amended by Laws of Utah 2006, Chapter 240
46 10-9a-606, as last amended by Laws of Utah 2007, Chapter 268
47 10-9a-608, as last amended by Laws of Utah 2006, Chapter 163
48 10-9a-609, as last amended by Laws of Utah 2007, Chapter 243
49 10-9a-609.5, as last amended by Laws of Utah 2007, Chapter 243
50 17-27a-207, as last amended by Laws of Utah 2006, Chapter 240
51 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
52 17-27a-604, as last amended by Laws of Utah 2006, Chapter 240
53 17-27a-606, as last amended by Laws of Utah 2007, Chapter 268
54 17-27a-608, as last amended by Laws of Utah 2006, Chapter 163
55 17-27a-609, as last amended by Laws of Utah 2007, Chapter 243
56 17-27a-609.5, as last amended by Laws of Utah 2007, Chapter 243
57 REPEALS:

58 10-8-8.5, as last amended by Laws of Utah 1993, Chapter 4
59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 10-9a-207 is amended to read:
62 10-9a-207. Notice for an amendment to a subdivision -- Notice for vacation of or
63 change to street.
64 [(1) Except for an exempt subdivision under Section 10-9a-605 , for a proposed
65 subdivision or]
66 (1) (a) For an amendment to a subdivision, each municipality shall provide notice of
67 the date, time, and place of [a public hearing that is:] at least one public meeting, as provided
68 in Subsection (1)(b).
69 (b) At least ten calendar days before the public meeting, the notice required under
70 Subsection (1)(a) shall be:
71 [(a)] (i) mailed [not less than three calendar days before the public hearing] and
72 addressed to the record owner of each parcel within specified parameters of that property; or
73 [(b)] (ii) posted [not less than three calendar days before the public hearing,] on the
74 property proposed for subdivision, in a visible location, with a sign of sufficient size,
75 durability, and print quality that is reasonably calculated to give notice to passers-by.
76 [(2) Each municipality shall mail notice to each affected entity of a public hearing to
77 consider a preliminary plat describing a multiple-unit residential development or a commercial
78 or industrial development.]
79 [(3)] (2) Each municipality shall provide notice as required by Section 10-9a-208 for a
80 subdivision that involves a vacation, alteration, or amendment of a street.
81 Section 2. Section 10-9a-208 is amended to read:
82 10-9a-208. Hearing and notice for proposal to vacate a public street,
83 right-of-way, or easement.
84 (1) For any proposal to vacate[, alter, or amend] some or all of a public street [or],
85 right-of-way, [the land use authority] or easement, the legislative body shall:

86 (a) hold a public hearing; and [shall]
87 (b) give notice of the date, place, and time of the hearing [by:], as provided in
88 Subsection (2).
89 [(1) mailing notice as required in Section 10-9a-207 ;]
90 [(2) mailing notice]
91 (2) At least ten days before the public hearing under Subsection (1)(a), the notice
92 required under Subsection (1)(b) shall be:
93 (a) mailed to the record owner of each parcel that is accessed by the public street,
94 right-of-way, or easement;
95 (b) mailed to each affected entity; [and]
96 [(3) (a) publishing notice once a week for four consecutive weeks before the hearing]
97 (c) posted on or near the street, right-of-way, or easement in a manner that is
98 calculated to alert the public; and
99 (d) published in a newspaper of general circulation in the municipality in which the
100 land subject to the petition is located[; or].
101 [(b) if there is no newspaper of general circulation in the municipality, posting the
102 property and posting notice in three public places for four consecutive weeks before the
103 hearing.]
104 Section 3. Section 10-9a-604 is amended to read:
105 10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
106 (1) [(a)] A person may not submit a subdivision plat to the county recorder's office for
107 recording unless:
108 [(i) except as provided in Subsection (1)(b), a recommendation has been received from
109 the planning commission;]
110 [(ii)] (a) the plat has been approved by:
111 [(A)] (i) the land use authority of the municipality in which the land described in the
112 plat is located; and
113 [(B)] (ii) other officers that the municipality designates in its ordinance; and

114 [(iii)] (b) all approvals are entered in writing on the plat by the designated officers.
115 [(b) Subsection (1)(a) does not apply if the planning commission is the land use
116 authority.]
117 (2) A subdivision plat recorded without the signatures required under this section is
118 void.
119 (3) A transfer of land pursuant to a void plat is voidable.
120 Section 4. Section 10-9a-606 is amended to read:
121 10-9a-606. Common or community area parcels on a plat -- No separate
122 ownership -- Ownership interest equally divided among other parcels on plat and
123 included in description of other parcels.
124 (1) A parcel designated as a common or community area on a plat recorded in
125 compliance with this part may not be separately owned or conveyed independent of the other
126 parcels created by the plat[.] unless:
127 (a) the parcel is being acquired by the municipality for a governmental purpose; or
128 (b) the separate ownership or conveyance is approved by the owners of at least 75% of
129 the parcels on the plat, after the municipality gives its approval.
130 (2) The ownership interest in a parcel described in Subsection (1) shall:
131 (a) for purposes of assessment, be divided equally among all parcels created by the
132 plat, unless a different division of interest for assessment purposes is indicated on the plat or
133 an accompanying recorded document; and
134 (b) be considered to be included in the description of each instrument describing a
135 parcel on the plat by its identifying plat number, even if the common or community area
136 interest is not explicitly stated in the instrument.
137 Section 5. Section 10-9a-608 is amended to read:
138 10-9a-608. Vacating, altering, or amending a subdivision plat.
139 [(1) (a) Subject to Section 10-9a-609.5 , and provided that notice has been given
140 pursuant to local ordinance and Section 10-9a-208 , the land use authority may, with or
141 without a petition, consider and resolve any proposed vacation, alteration, or amendment of a

142 subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat.]
143 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
144 subdivision that has been laid out and platted as provided in this part may file a written
145 petition with the land use authority to have some or all of the plat vacated, altered, or
146 amended.
147 (b) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
148 public hearing within 45 days after the petition is filed [or, if applicable, within 45 days after
149 receipt of the planning commission's recommendation under Subsection (2),] if:
150 (i) any owner within the plat notifies the municipality of [their] the owner's objection
151 in writing within ten days of mailed notification; or
152 (ii) a public hearing is required because all of the owners in the subdivision have not
153 signed the revised plat.
154 [(2) (a) (i) The planning commission shall consider and provide a recommendation for
155 a proposed vacation, alteration, or amendment under Subsection (1)(a) before the land use
156 authority takes final action.]
157 [(ii) The planning commission shall give its recommendation within 30 days after the
158 proposed vacation, alteration, or amendment is referred to it, or as that time period is extended
159 by agreement with the applicant.]
160 [(b) Subsection (2)(a) does not apply if the planning commission has been designated
161 as the land use authority.]
162 [(3)] (2) The public hearing requirement of Subsection (1)(b) does not apply and a
163 land use authority may consider at a public meeting an owner's petition to alter a subdivision
164 plat if:
165 (a) the petition seeks to join two or more of the owner's contiguous, residential lots;
166 and
167 (b) notice has been given to adjacent property owners and pursuant to local ordinance.
168 [(4)] (3) Each request to vacate or alter [a street or alley, contained in a petition to
169 vacate, alter, or amend] a [subdivision] plat[,] that contains a request to vacate or alter a public

170 street, right-of-way, or easement is also subject to Section 10-9a-609.5 .
171 [(5) Any fee owner, as shown on the last county assessment rolls, of land within the
172 subdivision that has been laid out and platted as provided in this part may, in writing, petition
173 to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or
174 amended as provided in this section and Section 10-9a-609.5 .]
175 [(6)] (4) Each petition to vacate, alter, or amend an entire plat[,] or a portion of a plat[,
176 or a street or lot contained in a plat] shall include:
177 (a) the name and address of [all owners] each owner of record of the land contained in
178 the entire plat; and
179 [(b) the name and address of all owners of record of land adjacent to any street that is
180 proposed to be vacated, altered, or amended; and]
181 [(c)] (b) the signature of each of these owners who consents to the petition.
182 [(7)] (5) (a) The owners of record of adjacent parcels that are described by either a
183 metes and bounds description or a recorded plat may exchange title to portions of those parcels
184 if the exchange of title is approved by the land use authority in accordance with Subsection
185 [(7)] (5)(b).
186 (b) The land use authority shall approve an exchange of title under Subsection [(7)]
187 (5)(a) if the exchange of title will not result in a violation of any land use ordinance.
188 (c) If an exchange of title is approved under Subsection [(7)] (5)(b):
189 (i) a notice of approval shall be recorded in the office of the county recorder which:
190 (A) is executed by each owner included in the exchange and by the land use authority;
191 (B) contains an acknowledgment for each party executing the notice in accordance
192 with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
193 (C) recites the descriptions of both the original parcels and the parcels created by the
194 exchange of title; and
195 (ii) a conveyance of title reflecting the approved change shall be recorded in the office
196 of the county recorder.
197 (d) A notice of approval recorded under this Subsection [(7)] (5) does not act as a

198 conveyance of title to real property and is not required for the recording of a document
199 purporting to convey title to real property.
200 [(8)] (6) (a) The name of a recorded subdivision may be changed by recording an
201 amended plat making that change, as provided in this section and subject to Subsection [(8)]
202 (6)(c).
203 (b) The surveyor preparing the amended plat shall certify that the surveyor:
204 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
205 Professional Land Surveyors Licensing Act;
206 (ii) has completed a survey of the property described on the plat in accordance with
207 Section 17-23-17 and has verified all measurements; and
208 (iii) has placed monuments as represented on the plat.
209 (c) An owner of land may not submit for recording an amended plat that gives the
210 subdivision described in the amended plat the same name as a subdivision in a plat already
211 recorded in the county recorder's office.
212 (d) Except as provided in Subsection [(8)] (6)(a), the recording of a declaration or
213 other document that purports to change the name of a recorded plat is voidable.
214 Section 6. Section 10-9a-609 is amended to read:
215 10-9a-609. Land use authority approval of vacation, alteration, or amendment of
216 plat -- Recording the amended plat.
217 [(1) If the land use authority is satisfied that neither the public interest nor any person
218 will be materially injured by the proposed vacation, alteration, or amendment, and that there is
219 good cause for the vacation, alteration, or amendment, the land use authority may vacate, alter,
220 or amend the plat or any portion of the plat, subject to Section 10-9a-609.5 .]
221 [(2)] (1) The land use authority may approve the vacation, alteration, or amendment of
222 a plat by signing an amended plat showing the vacation, alteration, or amendment[.] if the
223 land use authority finds that:
224 (a) there is good cause for the vacation, alteration, or amendment; and
225 (b) no public street, right-of-way, or easement has been vacated or altered.

226 [(3)] (2) The land use authority shall ensure that the amended plat showing the
227 vacation, alteration, or amendment is recorded in the office of the county recorder in which the
228 land is located.
229 [(4)] (3) If an entire subdivision is vacated, the legislative body shall ensure that a
230 legislative body resolution containing a legal description of the entire vacated subdivision is
231 recorded in the county recorder's office.
232 Section 7. Section 10-9a-609.5 is amended to read:
233 10-9a-609.5. Vacating a street, right-of-way, or easement.
234 (1) A petition to vacate some or all of a public street, right-of-way, or easement shall
235 include:
236 (a) the name and address of each owner of record of land that is:
237 (i) adjacent to the public street, right-of-way, or easement; or
238 (ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
239 easement; and
240 (b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
241 [(1) (a)] (2) If a petition is submitted containing a request to vacate [or alter any
242 portion] some or all of a street [or alley within a subdivision: (i) the planning commission
243 shall, after providing notice pursuant to local ordinance and Section 10-9a-208 , make a
244 recommendation to the land use authority concerning the request to vacate or alter; and (ii)
245 the land use authority], right-of-way, or easement, the legislative body shall hold a public
246 hearing in accordance with Section 10-9a-208 and determine whether:
247 (a) good cause exists for the vacation [or alteration.]; and
248 [(b) Subsection (1)(a)(i) does not apply if the planning commission has been
249 designated as a land use authority.]
250 [(2) If the land use authority vacates or alters any portion of a street or alley, the land
251 use authority]
252 (b) the public interest or any person will be materially injured by the proposed
253 vacation.

254 (3) The legislative body may adopt an ordinance granting a petition to vacate some or
255 all of a public street, right-of-way, or easement if the legislative body finds that:
256 (a) good cause exists for the vacation; and
257 (b) neither the public interest nor any person will be materially injured by the vacation.
258 (4) If the legislative body adopts an ordinance vacating some or all of a public street,
259 right-of-way, or easement, the legislative body shall ensure that [the] a plat reflecting the
260 vacation is recorded in the office of the recorder of the county in which the land is located.
261 [(3)] (5) The action of the [land use authority vacating or narrowing a street or alley]
262 legislative body vacating some or all of a street, right-of-way, or easement that has been
263 dedicated to public use [shall operate]:
264 (a) operates to the extent to which it is vacated [or narrowed], upon the effective date
265 of the [vacating] recorded plat, as a revocation of the acceptance [thereof,] of and the
266 relinquishment of the [city's fee therein, but the right-of-way and easements therein, if any,]
267 municipality's fee in the vacated street, right-of-way, or easement; and
268 (b) may not be construed to impair:
269 (i) any right-of-way or easement of any lot owner [and]; or
270 (ii) the franchise rights of any public utility [may not be impaired thereby].
271 Section 8. Section 17-27a-207 is amended to read:
272 17-27a-207. Notice for an amendment to a subdivision -- Notice for vacation of
273 or change to street.
274 [(1) Except for an exempt subdivision under Section 17-27a-605 , for a proposed
275 subdivision or]
276 (1) (a) For an amendment to a subdivision, each county shall provide notice of the
277 date, time, and place of [a public hearing that is:] at least one public meeting, as provided in
278 Subsection (1)(b).
279 (b) At least ten calendar days before the public meeting, the notice required under
280 Subsection (1)(a) shall be:
281 [(a)] (i) mailed [not less than three calendar days before the public hearing] and

282 addressed to the record owner of each parcel within specified parameters of that property; or
283 [(b)] (ii) posted [not less than three calendar days before the public hearing,] on the
284 property proposed for subdivision, in a visible location, with a sign of sufficient size,
285 durability, and print quality that is reasonably calculated to give notice to passers-by.
286 [(2) Each county shall mail notice to each affected entity of a public hearing to
287 consider a preliminary plat describing a multiple-unit residential development or a commercial
288 or industrial development.]
289 [(3)] (2) Each county shall provide notice as required by Section 17-27a-208 for a
290 subdivision that involves a vacation, alteration, or amendment of a street.
291 Section 9. Section 17-27a-208 is amended to read:
292 17-27a-208. Hearing and notice for proposal to vacate a public street,
293 right-of-way, or easement.
294 (1) For any proposal to vacate[, alter, or amend] some or all of a public street [or],
295 right-of-way, [the land use authority], or easement, the legislative body shall:
296 (a) hold a public hearing; and [shall]
297 (b) give notice of the date, place, and time of the hearing [by:], as provided in
298 Subsection (2).
299 [(1) mailing notice as required in Section 17-27a-207 ;]
300 [(2) mailing notice]
301 (2) At least ten days before the public hearing under Subsection (1)(a), the notice
302 required under Subsection (1)(b) shall be:
303 (a) mailed to the record owner of each parcel that is accessed by the public street,
304 right-of-way, or easement;
305 (b) mailed to each affected entity; [and]
306 (c) posted on or near the street, right-of-way, or easement in a manner that is
307 calculated to alert the public; and
308 [(3) (a) publishing notice once a week for four consecutive weeks before the hearing]
309 (d) published in a newspaper of general circulation in the county in which the land

310 subject to the petition is located[; or].
311 [(b) if there is no newspaper of general circulation in the county, posting the property
312 and posting notice in three public places for four consecutive weeks before the hearing.]
313 Section 10. Section 17-27a-604 is amended to read:
314 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
315 (1) [(a)] A person may not submit a subdivision plat to the county recorder's office for
316 recording unless:
317 [(i) except as provided in Subsection (1)(b), a recommendation has been received from
318 the planning commission;]
319 [(ii)] (a) the plat has been approved by:
320 [(A)] (i) the land use authority of the county in whose unincorporated area the land
321 described in the plat is located; and
322 [(B)] (ii) other officers that the county designates in its ordinance; and
323 [(iii)] (b) all approvals are entered in writing on the plat by designated officers.
324 [(b) Subsection (1)(a) does not apply if the planning commission is the land use
325 authority.]
326 (2) A plat recorded without the signatures required under this section is void.
327 (3) A transfer of land pursuant to a void plat is voidable.
328 Section 11. Section 17-27a-606 is amended to read:
329 17-27a-606. Common or community area parcels on a plat -- No separate
330 ownership -- Ownership interest equally divided among other parcels on plat and
331 included in description of other parcels.
332 (1) A parcel designated as a common or community area on a plat recorded in
333 compliance with this part may not be separately owned or conveyed independent of the other
334 parcels created by the plat[.] unless:
335 (a) the parcel is being acquired by the county for a governmental purpose; or
336 (b) the separate ownership or conveyance is approved by the owners of at least 75% of
337 the parcels on the plat, after the county gives its approval.

338 (2) The ownership interest in a parcel described in Subsection (1) shall:
339 (a) for purposes of assessment, be divided equally among all parcels created by the
340 plat, unless a different division of interest for assessment purposes is indicated on the plat or
341 an accompanying recorded document; and
342 (b) be considered to be included in the description of each instrument describing a
343 parcel on the plat by its identifying plat number, even if the common or community area
344 interest is not explicitly stated in the instrument.
345 Section 12. Section 17-27a-608 is amended to read:
346 17-27a-608. Vacating, altering, or amending a subdivision plat.
347 [(1) (a) Subject to Section 17-27a-609.5 , and provided that notice has been given
348 pursuant to local ordinance and Section 17-27a-208 , the land use authority may, with or
349 without a petition, consider and resolve any proposed vacation, alteration, or amendment of a
350 subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat.]
351 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
352 subdivision that has been laid out and platted as provided in this part may file a written
353 petition with the land use authority to have some or all of the plat vacated, altered, or
354 amended.
355 (b) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
356 public hearing within 45 days after the petition is filed [or, if applicable, within 45 days after
357 receipt of the planning commission's recommendation under Subsection (2),] if:
358 (i) any owner within the plat notifies the county of [their] the owner's objection in
359 writing within ten days of mailed notification; or
360 (ii) a public hearing is required because all of the owners in the subdivision have not
361 signed the revised plat.
362 [(2) (a) (i) The planning commission shall consider and provide a recommendation for
363 a proposed vacation, alteration, or amendment under Subsection (1)(a) before the land use
364 authority takes final action.]
365 [(ii) The planning commission shall give its recommendation within 30 days after the

366 proposed vacation, alteration, or amendment is referred to it, or as that time period is extended
367 by agreement with the applicant.]
368 [(b) Subsection (2)(a) does not apply if the planning commission has been designated
369 as the land use authority.]
370 [(3)] (2) The public hearing requirement of Subsection (1)(b) does not apply and a
371 land use authority may consider at a public meeting an owner's petition to alter a subdivision
372 plat if:
373 (a) the petition seeks to join two or more of the owner's contiguous, residential lots;
374 and
375 (b) notice has been given to adjacent property owners and pursuant to local ordinance.
376 [(4)] (3) Each request to vacate or alter [a street or alley, contained in a petition to
377 vacate, alter, or amend] a [subdivision] plat[,] that contains a request to vacate or alter a public
378 street, right-of-way, or easement is also subject to Section 17-27a-609.5 .
379 [(5) Any fee owner, as shown on the last county assessment rolls, of land within the
380 subdivision that has been laid out and platted as provided in this part may, in writing, petition
381 to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or
382 amended as provided in this section and Section 17-27a-609.5 .]
383 [(6)] (4) Each petition to vacate, alter, or amend an entire plat[,] or a portion of a plat[,
384 or a street or lot contained in a plat] shall include:
385 (a) the name and address of [all owners] each owner of record of the land contained in
386 the entire plat; and
387 [(b) the name and address of all owners of record of land adjacent to any street that is
388 proposed to be vacated, altered, or amended; and]
389 [(c)] (b) the signature of each of these owners who consents to the petition.
390 [(7)] (5) (a) The owners of record of adjacent parcels that are described by either a
391 metes and bounds description or a recorded plat may exchange title to portions of those parcels
392 if the exchange of title is approved by the land use authority in accordance with Subsection
393 [(7)] (5)(b).

394 (b) The land use authority shall approve an exchange of title under Subsection [(7)]
395 (5)(a) if the exchange of title will not result in a violation of any land use ordinance.
396 (c) If an exchange of title is approved under Subsection [(7)] (5)(b):
397 (i) a notice of approval shall be recorded in the office of the county recorder which:
398 (A) is executed by each owner included in the exchange and by the land use authority;
399 (B) contains an acknowledgment for each party executing the notice in accordance
400 with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
401 (C) recites the descriptions of both the original parcels and the parcels created by the
402 exchange of title; and
403 (ii) a conveyance of title reflecting the approved change shall be recorded in the office
404 of the county recorder.
405 (d) A notice of approval recorded under this Subsection [(7)] (5) does not act as a
406 conveyance of title to real property and is not required for the recording of a document
407 purporting to convey title to real property.
408 [(8)] (6) (a) The name of a recorded subdivision may be changed by recording an
409 amended plat making that change, as provided in this section and subject to Subsection [(8)]
410 (6)(c).
411 (b) The surveyor preparing the amended plat shall certify that the surveyor:
412 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
413 Professional Land Surveyors Licensing Act;
414 (ii) has completed a survey of the property described on the plat in accordance with
415 Section 17-23-17 and has verified all measurements; and
416 (iii) has placed monuments as represented on the plat.
417 (c) An owner of land may not submit for recording an amended plat that gives the
418 subdivision described in the amended plat the same name as a subdivision in a plat already
419 recorded in the county recorder's office.
420 (d) Except as provided in Subsection [(8)] (6)(a), the recording of a declaration or
421 other document that purports to change the name of a recorded plat is voidable.

422 Section 13. Section 17-27a-609 is amended to read:
423 17-27a-609. Land use authority approval of vacation, alteration, or amendment
424 of plat -- Recording the amended plat.
425 [(1) If the land use authority is satisfied that neither the public interest nor any person
426 will be materially injured by the proposed vacation, alteration, or amendment, and that there is
427 good cause for the vacation, alteration, or amendment, the land use authority may vacate, alter,
428 or amend the plat or any portion of the plat, subject to Section 17-27a-609.5 .]
429 [(2)] (1) The land use authority may approve the vacation, alteration, or amendment of
430 a plat by signing an amended plat showing the vacation, alteration, or amendment[.] if the
431 land use authority finds that:
432 (a) there is good cause for the vacation, alteration, or amendment; and
433 (b) no public street, right-of-way, or easement has been vacated or altered.
434 [(3)] (2) The land use authority shall ensure that the amended plat showing the
435 vacation, alteration, or amendment is recorded in the office of the county recorder in which the
436 land is located.
437 [(4)] (3) If an entire subdivision is vacated, the legislative body shall ensure that a
438 legislative body resolution containing a legal description of the entire vacated subdivision is
439 recorded in the county recorder's office.
440 Section 14. Section 17-27a-609.5 is amended to read:
441 17-27a-609.5. Vacating a street, right-of-way, or easement.
442 (1) A petition to vacate some or all of a public street, right-of-way, or easement shall
443 include:
444 (a) the name and address of each owner of record of land that is:
445 (i) adjacent to the public street, right-of-way, or easement; or
446 (ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
447 easement; and
448 (b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
449 [(1) (a)] (2) If a petition is submitted containing a request to vacate [or alter any

450 portion] some or all of a street [or alley within a subdivision: (i) the planning commission
451 shall, after providing notice pursuant to local ordinance and Section 17-27a-208 , make a
452 recommendation to the land use authority concerning the request to vacate or alter; and (ii)
453 the land use authority], right-of-way, or easement, the legislative body shall hold a public
454 hearing in accordance with Section 17-27a-208 and determine whether:
455 (a) good cause exists for the vacation [or alteration.]; and
456 [(b) Subsection (1)(a)(i) does not apply if the planning commission has been
457 designated as a land use authority.]
458 [(2) If the land use authority vacates or alters any portion of a street or alley, the land
459 use authority shall]
460 (b) the public interest or any person will be materially injured by the proposed
461 vacation.
462 (3) The legislative body may adopt an ordinance granting a petition to vacate some or
463 all of a public street, right-of-way, or easement if the legislative body finds that:
464 (a) good cause exists for the vacation; and
465 (b) neither the public interest nor any person will be materially injured by the vacation.
466 (4) If the legislative body adopts an ordinance vacating some or all of a public street,
467 right-of-way, or easement, the legislative body shall ensure that [the] a plat reflecting the
468 vacation is recorded in the office of the recorder of the county in which the land is located.
469 [(3)] (5) The action of the [land use authority vacating or narrowing a street or alley]
470 legislative body vacating some or all of a street, right-of-way, or easement that has been
471 dedicated to public use [shall operate]:
472 (a) operates to the extent to which it is vacated [or narrowed], upon the effective date
473 of the [vacating] recorded plat, as a revocation of the acceptance [thereof,] of and the
474 relinquishment of the county's fee [therein, but the right-of-way and easements therein, if any,]
475 in the vacated street, right-of-way, or easement; and
476 (b) may not be construed to impair:
477 (i) any right-of-way or easement of any lot owner [and]; or

478 (ii) the franchise rights of any public utility [may not be impaired thereby].
479 Section 15. Repealer.
480 This bill repeals:
481 Section 10-8-8.5, Effect of vacation or narrowing of street or alley.