1     
RESOURCE MANAGEMENT PLANNING

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions relating to resource management plans.
10     Highlighted Provisions:
11          This bill:
12          ▸      modifies the requirements for a county resource management plan;
13          ▸     amends certain deadlines relating to a county resource management plan;
14          ▸     modifies the duties of the Public Lands Policy Coordinating Office relating to
15     county resource management plans;
16          ▸     addresses the circumstances under which the Public Lands Policy Coordinating
17     Office may provide funding to a county for creation of the county's resource
18     management plan;
19          ▸     addresses the creation and approval of a statewide resource management plan; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          17-27a-401, as last amended by Laws of Utah 2015, Chapters 310 and 465
28          17-27a-403, as last amended by Laws of Utah 2015, Chapters 310 and 465
29          17-27a-404, as last amended by Laws of Utah 2015, Chapter 310
30          63J-4-607, as enacted by Laws of Utah 2015, Chapter 310
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 17-27a-401 is amended to read:
34          17-27a-401. General plan required -- Content -- Resource management plan --
35     Provisions related to radioactive waste facility.
36          (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
37     comprehensive, long-range general plan:
38          (a) for present and future needs of the county;
39          (b) (i) for growth and development of all or any part of the land within the
40     unincorporated portions of the county; or
41          (ii) if a county has designated a mountainous planning district, for growth and
42     development of all or any part of the land within the mountainous planning district; and
43          (c) as a basis for communicating and coordinating with the federal government on land
44     and resource management issues.
45          (2) [The] To promote health, safety, and welfare, the general plan may provide for:
46          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
47     activities, aesthetics, and recreational, educational, and cultural opportunities;
48          (b) the reduction of the waste of physical, financial, or human resources that result
49     from either excessive congestion or excessive scattering of population;
50          (c) the efficient and economical use, conservation, and production of the supply of:
51          (i) food and water; and
52          (ii) drainage, sanitary, and other facilities and resources;
53          (d) the use of energy conservation and solar and renewable energy resources;
54          (e) the protection of urban development;
55          (f) the protection or promotion of moderate income housing;
56          (g) the protection and promotion of air quality;
57          (h) historic preservation;
58          (i) identifying future uses of land that are likely to require an expansion or significant
59     modification of services or facilities provided by each affected entity; and
60          (j) an official map.
61          (3) (a) The general plan shall contain a resource management plan [to provide for the
62     protection, conservation, development, and managed use of resources that are critical to the
63     health, safety, and welfare of the citizens of the county and of the state] for the public lands, as
64     defined in Section 63L-6-102, within the county .
65          (b) The resource management plan shall address:
66          [(i) be centered on the following core resources:]
67          [(A) energy;]
68          [(B) air; and]
69          [(C) water; and]
70          [(ii) contain detailed plans regarding:]
71          [(A)] (i) mining;
72          [(B)] (ii) land use;
73          [(C)] (iii) livestock and grazing;
74          [(D)] (iv) irrigation;
75          [(E)] (v) agriculture;
76          [(F)] (vi) fire management;
77          [(G)] (vii) noxious weeds;
78          [(H)] (viii) forest management;
79          [(I)] (ix) water rights;
80          [(J)] (x) ditches and canals;
81          [(K)] (xi) water quality and hydrology;
82          [(L)] (xii) flood plains and river terraces;
83          [(M)] (xiii) wetlands;
84          [(N)] (xiv) riparian areas;
85          [(O)] (xv) predator control;
86          [(P)] (xvi) wildlife;
87          [(Q)] (xvii) fisheries;
88          [(R)] (xviii) recreation and tourism;
89          [(S)] (xix) energy resources;
90          [(T)] (xx) mineral resources;
91          [(U)] (xxi) cultural, historical, geological, and paleontological resources;
92          [(V)] (xxii) wilderness;
93          [(W)] (xxiii) wild and scenic rivers;
94          [(X)] (xxiv) threatened, endangered, and sensitive species;
95          [(Y)] (xxv) land access;
96          [(Z)] (xxvi) law enforcement; [and]
97          [(AA)] (xxvii) economic considerations[.]; and
98          (xxviii) air.
99          (c) For each item listed under Subsection (3)(b), a county's resource management plan
100     shall:
101          (i) establish [any relevant] findings pertaining to the item;
102          (ii) establish [clearly] defined objectives; and
103          (iii) outline general policies and guidelines on how the objectives described in
104     Subsection (3)(c)(ii) are to be accomplished.
105          (4) (a) The general plan shall include specific provisions related to any areas within, or
106     partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
107     county, which are proposed for the siting of a storage facility or transfer facility for the
108     placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
109     these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
110     proposed site upon the health and general welfare of citizens of the state, and shall provide:
111          (i) the information identified in Section 19-3-305;
112          (ii) information supported by credible studies that demonstrates that the provisions of
113     Subsection 19-3-307(2) have been satisfied; and
114          (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
115     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
116          (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
117     indicating that all proposals for the siting of a storage facility or transfer facility for the
118     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
119     partially within the county are rejected.
120          (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
121          (d) The county shall send a certified copy of the ordinance described in Subsection
122     (4)(b) to the executive director of the Department of Environmental Quality by certified mail
123     within 30 days of enactment.
124          (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
125          (i) comply with Subsection (4)(a) as soon as reasonably possible; and
126          (ii) send a certified copy of the repeal to the executive director of the Department of
127     Environmental Quality by certified mail within 30 days after the repeal.
128          (5) The general plan may define the county's local customs, local culture, and the
129     components necessary for the county's economic stability.
130          (6) Subject to Subsection 17-27a-403(2), the county may determine the
131     comprehensiveness, extent, and format of the general plan.
132          (7) If a county has designated a mountainous planning district, the general plan for the
133     mountainous planning district is the controlling plan and takes precedence over a municipality's
134     general plan for property located within the mountainous planning district.
135          (8) Nothing in this part may be construed to limit the authority of the state to manage
136     and protect wildlife under Title 23, Wildlife Resources Code of Utah.
137          Section 2. Section 17-27a-403 is amended to read:
138          17-27a-403. Plan preparation.
139          (1) (a) The planning commission shall provide notice, as provided in Section
140     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
141     plan or a comprehensive general plan amendment when the planning commission initiates the
142     process of preparing its recommendation.
143          (b) The planning commission shall make and recommend to the legislative body a
144     proposed general plan for:
145          (i) the unincorporated area within the county; or
146          (ii) if the planning commission is a planning commission for a mountainous planning
147     district, the mountainous planning district.
148          (c) (i) The plan may include planning for incorporated areas if, in the planning
149     commission's judgment, they are related to the planning of the unincorporated territory or of
150     the county as a whole.
151          (ii) Elements of the county plan that address incorporated areas are not an official plan
152     or part of a municipal plan for any municipality, unless it is recommended by the municipal
153     planning commission and adopted by the governing body of the municipality.
154          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
155     planning district, the plan for the mountainous planning district controls and precedes a
156     municipal plan, if any, to which the property would be subject.
157          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
158     and descriptive and explanatory matter, shall include the planning commission's
159     recommendations for the following plan elements:
160          (i) a land use element that:
161          (A) designates the long-term goals and the proposed extent, general distribution, and
162     location of land for housing, business, industry, agriculture, recreation, education, public
163     buildings and grounds, open space, and other categories of public and private uses of land as
164     appropriate; and
165          (B) may include a statement of the projections for and standards of population density
166     and building intensity recommended for the various land use categories covered by the plan;
167          (ii) a transportation and traffic circulation element consisting of the general location
168     and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
169     any other modes of transportation that the planning commission considers appropriate, all
170     correlated with the population projections and the proposed land use element of the general
171     plan;
172          (iii) an estimate of the need for the development of additional moderate income
173     housing within the unincorporated area of the county or the mountainous planning district, and
174     a plan to provide a realistic opportunity to meet estimated needs for additional moderate
175     income housing if long-term projections for land use and development occur; and
176          (iv) before [July 1, 2016] May 1, 2017, a resource management plan detailing the
177     findings, objectives, and policies required by Subsection 17-27a-401(3).
178          (b) In drafting the moderate income housing element, the planning commission:
179          (i) shall consider the Legislature's determination that counties should facilitate a
180     reasonable opportunity for a variety of housing, including moderate income housing:
181          (A) to meet the needs of people desiring to live there; and
182          (B) to allow persons with moderate incomes to benefit from and fully participate in all
183     aspects of neighborhood and community life; and
184          (ii) may include an analysis of why the recommended means, techniques, or
185     combination of means and techniques provide a realistic opportunity for the development of
186     moderate income housing within the planning horizon, which means or techniques may include
187     a recommendation to:
188          (A) rezone for densities necessary to assure the production of moderate income
189     housing;
190          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
191     construction of moderate income housing;
192          (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
193     income housing;
194          (D) consider county general fund subsidies to waive construction related fees that are
195     otherwise generally imposed by the county;
196          (E) consider utilization of state or federal funds or tax incentives to promote the
197     construction of moderate income housing;
198          (F) consider utilization of programs offered by the Utah Housing Corporation within
199     that agency's funding capacity; and
200          (G) consider utilization of affordable housing programs administered by the
201     Department of Workforce Services.
202          (c) In drafting the land use element, the planning commission shall:
203          (i) identify and consider each agriculture protection area within the unincorporated area
204     of the county or mountainous planning district; and
205          (ii) avoid proposing a use of land within an agriculture protection area that is
206     inconsistent with or detrimental to the use of the land for agriculture.
207          [(d) In drafting the resource management plan required under Section 17-27a-401, the
208     planning commission shall:]
209          [(i) identify any common interests the county shares with any other proximate county
210     with regards to the elements of the resource management plan as described in Subsection
211     17-27a-401(3)(b); and]
212          [(ii) coordinate with the other proximate county to establish, to the greatest extent
213     possible, consistent objectives and policies with regards to the common interests identified
214     under Subsection (2)(d)(i).]
215          (3) The proposed general plan may include:
216          (a) an environmental element that addresses:
217          (i) to the extent not covered by the county's resource management plan, the protection,
218     conservation, development, and use of natural resources, including the quality of air, forests,
219     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
220     and
221          (ii) the reclamation of land, flood control, prevention and control of the pollution of
222     streams and other waters, regulation of the use of land on hillsides, stream channels and other
223     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
224     protection of watersheds and wetlands, and the mapping of known geologic hazards;
225          (b) a public services and facilities element showing general plans for sewage, water,
226     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
227     police and fire protection, and other public services;
228          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
229     programs for:
230          (i) historic preservation;
231          (ii) the diminution or elimination of blight; and
232          (iii) redevelopment of land, including housing sites, business and industrial sites, and
233     public building sites;
234          (d) an economic element composed of appropriate studies and forecasts, as well as an
235     economic development plan, which may include review of existing and projected county
236     revenue and expenditures, revenue sources, identification of basic and secondary industry,
237     primary and secondary market areas, employment, and retail sales activity;
238          (e) recommendations for implementing all or any portion of the general plan, including
239     the use of land use ordinances, capital improvement plans, community development and
240     promotion, and any other appropriate action;
241          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2); and
242          (g) any other element the county considers appropriate.
243          Section 3. Section 17-27a-404 is amended to read:
244          17-27a-404. Public hearing by planning commission on proposed general plan or
245     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
246     by legislative body.
247          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
248     amend the general plan, the planning commission shall schedule and hold a public hearing on
249     the proposed plan or amendment.
250          (b) The planning commission shall provide notice of the public hearing, as required by
251     Section 17-27a-204.
252          (c) After the public hearing, the planning commission may modify the proposed
253     general plan or amendment.
254          (2) The planning commission shall forward the proposed general plan or amendment to
255     the legislative body.
256          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
257     shall provide notice of its intent to consider the general plan proposal.
258          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
259     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
260     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
261     (3)(b).
262          (ii) The hearing format shall allow adequate time for public comment at the actual
263     public hearing, and shall also allow for public comment in writing to be submitted to the
264     legislative body for not fewer than 90 days after the date of the public hearing.
265          (c) (i) The legislative body shall give notice of the hearing in accordance with this
266     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
267     complete.
268          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
269     the state Legislature, executive director of the Department of Environmental Quality, the state
270     planning coordinator, the Resource Development Coordinating Committee, and any other
271     citizens or entities who specifically request notice in writing.
272          (iii) Public notice shall be given by publication:
273          (A) in at least one major Utah newspaper having broad general circulation in the state;
274          (B) in at least one Utah newspaper having a general circulation focused mainly on the
275     county where the proposed high-level nuclear waste or greater than class C radioactive waste
276     site is to be located; and
277          (C) on the Utah Public Notice Website created in Section 63F-1-701.
278          (iv) The notice shall be published to allow reasonable time for interested parties and
279     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
280     including:
281          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
282     the date of the hearing to be held under this Subsection (3); and
283          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
284     date of the hearing to be held under this Subsection (3).
285          (4) (a) After the public hearing required under this section, the legislative body may
286     make any revisions to the proposed general plan that it considers appropriate.
287          (b) The legislative body shall respond in writing and in a substantive manner to all
288     those providing comments as a result of the hearing required by Subsection (3).
289          (5) (a) The county legislative body may adopt or reject the proposed general plan or
290     amendment either as proposed by the planning commission or after making any revision the
291     county legislative body considers appropriate.
292          (b) If the county legislative body rejects the proposed general plan or amendment, it
293     may provide suggestions to the planning commission for its consideration.
294          (6) The legislative body shall adopt:
295          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
296          (b) a transportation and traffic circulation element as provided in Subsection
297     17-27a-403(2)(a)(ii);
298          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
299     provide a realistic opportunity to meet estimated needs for additional moderate income housing
300     if long-term projections for land use and development occur; and
301          (d) before [January 1, 2017] August 1, 2017, a resource management plan as provided
302     by Subsection 17-27a-403(2)(a)(iv).
303          Section 4. Section 63J-4-607 is amended to read:
304          63J-4-607. Resource management plan administration.
305          (1) The office shall consult with the Commission for the Stewardship of Public Lands
306     before expending funds appropriated by the Legislature for the implementation of this section.
307          (2) To the extent that the Legislature appropriates sufficient funding, the office [shall]
308     may procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
309     Procurement Code, to assist the office with the office's responsibilities described in Subsection
310     (3).
311          (3) The office shall:
312          (a) assist each county with the creation of the county's resource management plan by:
313          (i) consulting with the county on policy and legal issues related to the county's resource
314     management plan; and
315          (ii) helping the county ensure that the county's resource management plan meets the
316     requirements of Subsection 17-27a-401(3); [and]
317          [(iii) facilitating coordination between counties as required by Subsection
318     17-27a-403(2)(d);]
319          (b) [to the greatest extent possible,] promote [consistent] quality standards among all
320     counties' resource management plans; and
321          [(c) calculate the estimated cost of providing the services described in this section to
322     each county.]
323          (c) upon submission by a county, review and verify the county's:
324          (i) estimated cost for creating a resource management plan; and
325          (ii) actual cost for creating a resource management plan.
326          (4) (a) A county shall cooperate with the office, or an entity procured by the office
327     under Subsection (2), with regards to the office's responsibilities under Subsection (3).
328          [(b) A county that receives assistance from the office under this section shall place a
329     deposit with the office in an amount equal to 50% of the estimated cost calculated under
330     Subsection (3)(c).]
331          (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
332     accordance with Subsection (4)(c), provide funding to a county before the county completes a
333     resource management plan.
334          (c) The office may provide pre-completion funding described in Subsection (4)(b):
335          (i) after:
336          (A) the county submits an estimated cost for completing the resource management plan
337     to the office; and
338          (B) the office reviews and verifies the estimated cost in accordance with Subsection
339     (3)(c)(i); and
340          (ii) in an amount up to:
341          (A) 50% of the estimated cost of completing the resource management plan, verified
342     by the office; or
343          (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
344          [(c)] (d) To the extent that the Legislature appropriates sufficient funding, the office
345     shall [reimburse] provide funding to a county in the amount described in Subsection (4)[(d)
346     when](e) after:
347          (i) a county's resource management plan:
348          [(i)] (A) meets the requirements described in Subsection 17-27a-401(3); and
349          [(ii)] (B) is adopted under Subsection 17-27a-404(6)(d)[.];
350          (ii) the county submits the actual cost of completing the resource management plan to
351     the office; and
352          (iii) the office reviews and verifies the actual cost in accordance with Subsection
353     (3)(c)(ii).
354          [(d)] (e) The office shall [reimburse] provide funding to a county under Subsection
355     (4)[(c)](d) in an amount equal to the difference between:
356          (i) the lesser of:
357          [(i)] (A) the actual cost [estimated under Subsection (3)(c)] of completing the resource
358     management plan, verified by the office; or
359          [(ii)] (B) $50,000[.]; and
360          (ii) the amount of any pre-completion funding that the county received under
361     Subsections (4)(b) and (c).
362          (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
363     established in Subsection 17-27a-404(6)(d) for a county to adopt a resource management plan,
364     the office shall:
365          (a) obtain a copy of each county's resource management plan; [and]
366          (b) create a statewide resource management plan that:
367          (i) meets the same requirements described in Subsection 17-27a-401(3)[(a)]; and
368          (ii) to the [greatest] extent reasonably possible, coordinates and is consistent with any
369     resource management plan or land use plan established under Chapter 8, State of Utah
370     Resource Management Plan for Federal Lands[.]; and
371          (c) submit a copy of the statewide resource management plan to the Commission for
372     the Stewardship of Public Lands for review.
373          (6) Following review of the statewide resource management plan, the Commission for
374     the Stewardship of Public Lands shall prepare a concurrent resolution approving the statewide
375     resource management plan for consideration during the 2018 General Session.
376          [(6)] (7) To the extent that the Legislature appropriates sufficient funding, the office
377     shall provide legal support to a county that becomes involved in litigation with the federal
378     government over the requirements of Subsection 17-27a-405(3).




Legislative Review Note
Office of Legislative Research and General Counsel