Chief Sponsor: Mike K. McKell

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill amends provisions relating to certain agricultural parcels.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a county legislative body may enact an ordinance allowing division of
13     a parcel of land with an existing family dwelling, under certain circumstances,
14     without complying with plat requirements; and
15          ▸     provides for the enforcement of plat requirements if a parcel created under this bill
16     is used for nonagricultural purposes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          17-27a-605, as last amended by Laws of Utah 2015, Chapter 465

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 17-27a-605 is amended to read:
27          17-27a-605. Exemptions from plat requirement.

28          (1) Notwithstanding Sections 17-27a-603 and 17-27a-604, the land use authority may
29     approve the subdivision of unincorporated land or mountainous planning district land into 10
30     lots or less without a plat, by certifying in writing that:
31          (a) the county has provided notice as required by ordinance; and
32          (b) the proposed subdivision:
33          (i) is not traversed by the mapped lines of a proposed street as shown in the general
34     plan and does not require the dedication of any land for street or other public purposes;
35          (ii) has been approved by the culinary water authority and the sanitary sewer authority;
36          (iii) is located in a zoned area; and
37          (iv) conforms to all applicable land use ordinances or has properly received a variance
38     from the requirements of an otherwise conflicting and applicable land use ordinance.
39          (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
40     land is exempt from the plat requirements of Section 17-27a-603 if:
41          (i) the lot or parcel:
42          (A) qualifies as land in agricultural use under Section 59-2-502; and
43          (B) is not used and will not be used for any nonagricultural purpose; and
44          (ii) the new owner of record completes, signs, and records with the county recorder a
45     notice:
46          (A) describing the parcel by legal description; and
47          (B) stating that the lot or parcel is created for agricultural purposes as defined in
48     Section 59-2-502 and will remain so until a future zoning change permits other uses.
49          (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
50     purpose, the county shall require the lot or parcel to comply with the requirements of Section
51     17-27a-603 and all applicable land use ordinance requirements.
52          (3) (a) Except as provided in Subsection (4), a document recorded in the county
53     recorder's office that divides property by a metes and bounds description does not create an
54     approved subdivision allowed by this part unless the land use authority's certificate of written
55     approval required by Subsection (1) is attached to the document.
56          (b) The absence of the certificate or written approval required by Subsection (1) does
57     not:
58          (i) prohibit the county recorder from recording a document; or

59          (ii) affect the validity of a recorded document.
60          (c) A document which does not meet the requirements of Subsection (1) may be
61     corrected by the recording of an affidavit to which the required certificate or written approval is
62     attached in accordance with Section 57-3-106.
63          (4) (a) As used in this Subsection (4):
64          (i) "Divided land" means land that:
65          (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
66          (B) has been divided by a minor subdivision.
67          (ii) "Land to be divided" means land that is proposed to be divided by a minor
68     subdivision.
69          (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
70     agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
71     after the division, is separate from the remainder of the original 100 or more contiguous acres
72     of agricultural land.
73          (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
74          (b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100
75     contiguous acres of agricultural land may make a minor subdivision by submitting for
76     recording in the office of the recorder of the county in which the land to be divided is located:
77          (i) a recordable deed containing the legal description of the minor subdivision lot; and
78          (ii) a notice:
79          (A) indicating that the owner of the land to be divided is making a minor subdivision;
80          (B) referring specifically to this section as the authority for making the minor
81     subdivision; and
82          (C) containing the legal description of:
83          (I) the land to be divided; and
84          (II) the minor subdivision lot.
85          (c) A minor subdivision lot:
86          (i) may not be less than one acre in size;
87          (ii) may not be within 1,000 feet of another minor subdivision lot; and
88          (iii) is not subject to the subdivision ordinance of the county in which the minor
89     subdivision lot is located.

90          (d) Land to be divided by a minor subdivision may not include divided land.
91          (e) A county:
92          (i) may not deny a building permit to an owner of a minor subdivision lot based on:
93          (A) the lot's status as a minor subdivision lot; or
94          (B) the absence of standards described in Subsection (4)(e)(ii); and
95          (ii) may, in connection with the issuance of a building permit, subject a minor
96     subdivision lot to reasonable health, safety, and access standards that the county has established
97     and made public.
98          (5) (a) Notwithstanding Sections 17-27a-603 and 17-27a-604, and subject to
99     Subsection (1), the legislative body of a county may enact an ordinance allowing the
100     subdivision of a parcel, without complying with the plat requirements of Section 17-27a-603,
101     if:
102          (i) the parcel contains an existing legal single family dwelling unit;
103          (ii) the subdivision results in two parcels, one of which is agricultural land;
104          (iii) the parcel of agricultural land:
105          (A) qualifies as land in agricultural use under Section 59-2-502; and
106          (B) is not used, and will not be used, for a nonagricultural purpose;
107          (iv) both the parcel with an existing legal single family dwelling unit and the parcel of
108     agricultural land meet the minimum area, width, frontage, and setback requirements of the
109     applicable zoning designation in the applicable land use ordinance; and
110          (v) the owner of record completes, signs, and records with the county recorder a notice:
111          (A) describing the parcel of agricultural land by legal description; and
112          (B) stating that the parcel of agricultural land is created as land in agricultural use, as
113     defined in Section 59-2-502, and will remain as land in agricultural use until a future zoning
114     change permits another use.
115          (b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a)
116     is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no
117     longer applies, and the county shall require the owner of the parcel to:
118          (i) retroactively comply with the subdivision plat requirements of Section 17-27a-603;
119     and
120          (ii) comply with all applicable land use ordinance requirements.

Legislative Review Note
Office of Legislative Research and General Counsel