S.B. 174 Enrolled

1

LAND USE AUTHORITY AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne L. Niederhauser
5 House Sponsor: Bill Wright
6
7 LONG TITLE
8 General Description:
9 This bill amends county land use provisions.
10 Highlighted Provisions:
11 This bill:
12 . amends provisions related to an exemption from a plat requirement; and
13 . makes technical corrections.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 17-27a-605, as last amended by Laws of Utah 2011, Chapter 377
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 17-27a-605 is amended to read:
24 17-27a-605. Exemptions from plat requirement.
25 (1) Notwithstanding Sections 17-27a-603 and 17-27a-604 , the land use authority may
26 approve the subdivision of unincorporated land into 10 lots or less without a plat, by certifying
27 in writing that:
28 (a) the county has provided notice as required by ordinance; and
29 (b) the proposed subdivision:

30 (i) is not traversed by the mapped lines of a proposed street as shown in the general
31 plan and does not require the dedication of any land for street or other public purposes;
32 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
33 (iii) is located in a zoned area; and
34 (iv) conforms to all applicable land use ordinances or has properly received a variance
35 from the requirements of an otherwise conflicting and applicable land use ordinance.
36 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
37 land is exempt from the plat requirements of Section 17-27a-603 if:
38 (i) the lot or parcel:
39 [(i)] (A) qualifies as land in agricultural use under Section 59-2-502 ; and
40 [(ii) meets the minimum size requirement of applicable land use ordinances; and]
41 [(iii)] (B) is not used and will not be used for any nonagricultural purpose[.]; and
42 [(b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
43 graphically illustrated on a record of survey map that, after receiving the same approvals as are
44 required for a plat under Section 17-27a-604 , shall be recorded with the county recorder.]
45 (ii) the new owner of record completes, signs, and records with the county recorder a
46 notice:
47 (A) describing the parcel by legal description; and
48 (B) stating that the lot or parcel is created for agricultural purposes as defined in
49 Section 59-2-502 and will remain so until a future zoning change permits other uses.
50 [(c)] (b) If a lot or parcel exempted under Subsection (2)(a) is used for a
51 nonagricultural purpose, the county shall require the lot or parcel to comply with the
52 requirements of Section 17-27a-603 and all applicable land use ordinance requirements.
53 (3) (a) Except as provided in Subsection (4), a document recorded in the county
54 recorder's office that divides property by a metes and bounds description does not create an
55 approved subdivision allowed by this part unless the land use authority's certificate of written
56 approval required by Subsection (1) is attached to the document.
57 (b) The absence of the certificate or written approval required by Subsection (1) does

58 not:
59 (i) prohibit the county recorder from recording a document; or
60 (ii) affect the validity of a recorded document.
61 (c) A document which does not meet the requirements of Subsection (1) may be
62 corrected by the recording of an affidavit to which the required certificate or written approval is
63 attached in accordance with Section 57-3-106 .
64 (4) (a) As used in this Subsection (4):
65 (i) "Divided land" means land that:
66 (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
67 (B) has been divided by a minor subdivision.
68 (ii) "Land to be divided" means land that is proposed to be divided by a minor
69 subdivision.
70 (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
71 agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
72 after the division, is separate from the remainder of the original 100 or more contiguous acres
73 of agricultural land.
74 (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
75 (b) Notwithstanding Sections 17-27a-603 and 17-27a-604 , an owner of at least 100
76 contiguous acres of agricultural land may make a minor subdivision by submitting for
77 recording in the office of the recorder of the county in which the land to be divided is located:
78 (i) a recordable deed containing the legal description of the minor subdivision lot; and
79 (ii) a notice:
80 (A) indicating that the owner of the land to be divided is making a minor subdivision;
81 (B) referring specifically to this section as the authority for making the minor
82 subdivision; and
83 (C) containing the legal description of:
84 (I) the land to be divided; and
85 (II) the minor subdivision lot.

86 (c) A minor subdivision lot:
87 (i) may not be less than one acre in size;
88 (ii) may not be within 1,000 feet of another minor subdivision lot; and
89 (iii) is not subject to the subdivision ordinance of the county in which the minor
90 subdivision lot is located.
91 (d) Land to be divided by a minor subdivision may not include divided land.
92 (e) A county:
93 (i) may not deny a building permit to an owner of a minor subdivision lot based on:
94 (A) the lot's status as a minor subdivision lot; or
95 (B) the absence of standards described in Subsection (4)(e)(ii); and
96 (ii) may, in connection with the issuance of a building permit, subject a minor
97 subdivision lot to reasonable health, safety, and access standards that the county has established
98 and made public.