This document includes House Floor Amendments incorporated into the bill on Tue, Feb 28, 2017 at 8:38 PM by ryoung.
Representative Mike Schultz proposes the following substitute bill:


1     
MOUNTAINOUS PLANNING DISTRICT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to mountainous planning districts.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses municipal jurisdiction over mountainous planning districts;
13          ▸     modifies the number of board members of a planning commission that are required
14     to have ties to a mountainous planning district;
15          ▸     reduces the areas that a municipal legislative body may designate as a mountainous
16     planning district;
17          ▸     enacts and amends repeal dates for provisions relating to mountainous planning
18     districts; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides revisor instructions.
23a      Ĥ→ This bill provides a coordination clause. ←Ĥ
24     Utah Code Sections Affected:
25     AMENDS:
26          10-9a-304, as last amended by Laws of Utah 2015, Chapter 465
27          17-27a-301, as last amended by Laws of Utah 2016, Chapter 411
28          17-27a-901, as last amended by Laws of Utah 2016, Chapter 411
29          63I-2-210, as last amended by Laws of Utah 2016, Chapter 14
30          63I-2-217, as last amended by Laws of Utah 2016, Chapters 348 and 411
31     Utah Code Sections Affected by Revisor Instructions:
32          63I-2-217, as last amended by Laws of Utah 2016, Chapters 348 and 411
32a     Ĥ→ Utah Code Sections Affected by Coordination Clause:
32b      63I-2-210, as last amended by Laws of Utah 2016, Chapter 14 ←Ĥ
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 10-9a-304 is amended to read:
36          10-9a-304. State and federal property -- Mountainous planning district.
37          (1) Unless otherwise provided by law, nothing contained in this chapter may be
38     construed as giving a municipality jurisdiction over property owned by the state or the United
39     States.
40          (2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
41     municipality, a municipal planning commission, or a municipal land use authority does not
42     have jurisdiction over property located within a mountainous planning district, as that term is
43     defined in Section 17-27a-103.
44          (b) Subsection (2)(a) does not apply to a municipality if:
45          (i) (A) the municipality is wholly located within the boundaries of a mountainous
46     planning district; and
47          (B) the municipality was incorporated before 1971;
48          (ii) the municipality exercises the municipality's extraterritorial jurisdiction under
49     Section 10-8-15; or
50          (iii) subject to Subsection (2)(c), a local health authority has granted the municipality
51     joint authority to regulate the municipality's watershed areas.
52          (c) The exception under Subsection (2)(b)(iii) applies only for matters related to
53     regulation of the watershed within a watershed area.
54          Section 2. Section 17-27a-301 is amended to read:
55          17-27a-301. Ordinance establishing planning commission required -- Exception --
56     Ordinance requirements -- Planning advisory area planning commission --
57     Compensation.
58          (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
59     establishing a countywide planning commission for the unincorporated areas of the county not
60     within a planning advisory area.
61          (b) Subsection (1)(a) does not apply if all of the county is included within any
62     combination of:
63          (i) municipalities;
64          (ii) planning advisory areas with their own planning commissions; and
65          (iii) mountainous planning districts.
66          (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
67     (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
68     subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
69     the entire mountainous planning district, including areas of the mountainous planning district
70     that are also located within a municipality or are unincorporated.
71          (ii) A planning commission described in Subsection (1)(c)(i):
72          (A) does not have jurisdiction over a municipality described in Subsection
73     10-9a-304(2)(b); and
74          (B) has jurisdiction subject to a local health department exercising its authority in
75     accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
76     the municipality's authority in accordance with Section 10-8-15.
77          (iii) The ordinance shall require that:
78          (A) members of the planning commission represent areas located in the unincorporated
79     and incorporated county;
80          (B) members of the planning commission be registered voters who reside either in the
81     unincorporated or incorporated county;
82          (C) at least one member of the planning commission resides within the mountainous
83     planning district and another member either resides or owns property within the mountainous
84     planning district; and
85          (D) the county designate up to four seats on the planning commission, and fill each
86     vacancy in the designated seats in accordance with the procedure described in Subsection (7).
87          (2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
88          (i) the number and terms of the members and, if the county chooses, alternate
89     members;
90          (ii) the mode of appointment;
91          (iii) the procedures for filling vacancies and removal from office;
92          (iv) the authority of the planning commission;
93          (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
94     planning commission in a public meeting; and
95          (vi) other details relating to the organization and procedures of the planning
96     commission.
97          (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
98     Title 52, Chapter 4, Open and Public Meetings Act.
99          (3) (a) (i) If the county establishes a planning advisory area planning commission, the
100     county legislative body shall enact an ordinance that defines:
101          (A) appointment procedures;
102          (B) procedures for filling vacancies and removing members from office;
103          (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
104     planning advisory area planning commission in a public meeting; and
105          (D) details relating to the organization and procedures of each planning advisory area
106     planning commission.
107          (ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
108     commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
109          (b) The planning commission for each planning advisory area shall consist of seven
110     members who shall be appointed by:
111          (i) in a county operating under a form of government in which the executive and
112     legislative functions of the governing body are separated, the county executive with the advice
113     and consent of the county legislative body; or
114          (ii) in a county operating under a form of government in which the executive and
115     legislative functions of the governing body are not separated, the county legislative body.
116          (c) (i) Members shall serve four-year terms and until their successors are appointed and
117     qualified.
118          (ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
119     planning commissions shall be appointed so that, for each commission, the terms of at least one
120     member and no more than two members expire each year.
121          (d) (i) Each member of a planning advisory area planning commission shall be a
122     registered voter residing within the planning advisory area.
123          (ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
124     that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
125     area.
126          (4) (a) A member of a planning commission who was elected to and served on a
127     planning commission on May 12, 2015, shall serve out the term to which the member was
128     elected.
129          (b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
130     seat shall be filled by appointment in accordance with this section.
131          (5) Upon the appointment of all members of a planning advisory area planning
132     commission, each planning advisory area planning commission under this section shall begin to
133     exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all
134     matters then pending that previously had been under the jurisdiction of the countywide
135     planning commission or planning advisory area planning and zoning board.
136          (6) The legislative body may fix per diem compensation for the members of the
137     planning commission, based on necessary and reasonable expenses and on meetings actually
138     attended.
139          (7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
140     commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
141          (b) If a county designates one or more planning commission seats under Subsection
142     (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
143          (i) (A) are adjacent to the mountainous planning district; and
144          (B) border the entrance to a canyon that is located within the boundaries of the
145     mountainous planning district and accessed by a paved road maintained by the county or the
146     state; or
147          (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.
148          (c) When there is a vacancy in a planning commission seat described in Subsection
149     (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
150     Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
151     the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
152          (d) The city shall respond to a written request described in Subsection (7)(c) within 60
153     days after the day on which the city receives the written request.
154          (e) After the county receives the city's list of three individuals, the county shall submit
155     one of the individuals on the list for appointment to the vacant planning commission seat in
156     accordance with county ordinance.
157          (f) The county shall fill the vacancy in accordance with the county's standard procedure
158     if the city fails to timely respond to the written request.
159          Section 3. Section 17-27a-901 is amended to read:
160          17-27a-901. Mountainous planning district.
161          (1) (a) The legislative body of a county of the first class may adopt an ordinance
162     designating an area located within the county as a mountainous planning district if the
163     legislative body determines that:
164          (i) the area is primarily used for recreational purposes, including canyons, foothills, ski
165     resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the
166     Wasatch Range;
167          (ii) the area is used by residents of the county who live inside and outside the limits of
168     a municipality;
169          (iii) the total resident population in the proposed mountainous planning district is equal
170     to or less than 5% of the population of the county; [and]
171          (iv) the area is within the unincorporated area of the county or was within the
172     unincorporated area of the county before May 12, 2015[.]; and
173          (v) the area includes land designated as part of a national forest on or before May 9,
174     2017.
175          (b) (i) A mountainous planning district may include within its boundaries a
176     municipality, whether in whole or in part.
177          (ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district
178     includes within its boundaries an unincorporated area, and that area subsequently incorporates
179     as a municipality:
180          (A) the area of the incorporated municipality that is located in the mountainous
181     planning district is included within the mountainous planning district boundaries; and
182          (B) property within the municipality that is also within the mountainous planning
183     district is subject to the authority of the mountainous planning district.
184          (iii) A subdivision and zoning ordinance that governs property located within a
185     mountainous planning district shall control over any subdivision or zoning ordinance, as
186     applicable, that a municipality may adopt.
187          (iv) A county shall allow an area within the boundaries of a mountainous planning
188     district to withdraw from the mountainous planning district if:
189          (A) the area contains less than 100 acres;
190          (B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4,
191     Annexation;
192          (C) the county determines that the area does not contain United States Forest Service
193     land or land that is designated as watershed; and
194           (D) the county determines that the area is not used by individuals for recreational
195     purposes.
196          (v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous
197     planning district is not subject to the authority of the mountainous planning district.
198          (c) The population figure under Subsection (1)(a)(iii) shall be derived from a
199     population estimate by the Utah Population Estimates Committee.
200          (d) If any portion of a proposed mountainous planning district includes a municipality
201     with a land base of five square miles or less, the county shall ensure that all of that municipality
202     is wholly located within the boundaries of the mountainous planning district.
203          (2) (a) Notwithstanding Subsection 10-9a-102(2), 17-34-1(2)(a), or 17-50-302(1)(b), or
204     Section 17-50-314, a county may adopt a general plan and adopt a zoning or subdivision
205     ordinance for a property that is located within:
206          (i) a mountainous planning district; and
207          (ii) a municipality.
208          (b) A county plan or zoning or subdivision ordinance governs a property described in
209     Subsection (2)(a).
209a     Ĥ→ (3) A planning commission with jurisdiction over a mountain planning district in a county
209b     of the first class shall submit a report that summarizes actions the planning commission has
209c     taken and any recommendations regarding the mountainous planing district to the
209d     Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later
209e     than November 30 of each year. ←Ĥ
210          Section 4. Section 63I-2-210 is amended to read:
211          63I-2-210. Repeal dates -- Title 10.
212          [(1) Subsection 10-2a-106(2), the language that states ", including a township
213     incorporation procedure as defined in Section 10-2a-105," is repealed July 1, 2016.]
214          [(2) Subsection 10-2a-410(3)(d)(ii) is repealed January 1, 2017.]
215          [(3) Section 10-2a-105 is repealed July 1, 2016.]
216          [(4)] (1) Subsection 10-9a-304(2) is repealed June 1, [2016] 2020.
217          (2) When repealing Subsection 10-9a-304(2), the Office of Legislative Research and
218     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
219     necessary changes to subsection numbering and cross references.
220          Section 5. Section 63I-2-217 is amended to read:
221          63I-2-217. Repeal dates -- Title 17.
222          (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
223     planning district" is repealed June 1, [2017] 2020.
224          (2) (a) Subsection 17-27a-103(15)(b) is repealed June 1, [2017] 2020.
225          (b) Subsection 17-27a-103(34) is repealed June 1, [2017] 2020.
226          (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
227     district area" is repealed June 1, [2017] 2020.
228          (4) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, [2017] 2020.
229          (b) Subsection 17-27a-301(1)(c) is repealed June 1, [2017] 2020.
230          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
231     (1)(a) or (c)" is repealed June 1, [2017] 2020.
232          (5) Subsection 17-27a-302(1), the language that states ", or mountainous planning
233     district" and "or the mountainous planning district," is repealed June 1, [2017] 2020.
234          (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
235     district or" and ", as applicable" is repealed June 1, [2017] 2020.
236          (7) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, [2017] 2020.
237          (b) Subsection 17-27a-401(6) is repealed June 1, [2017] 2020.
238          (8) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, [2017] 2020.
239          (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, [2017] 2020.
240          (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
241     district" is repealed June 1, [2017] 2020.
242          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
243     district" is repealed June 1, [2017] 2020.
244          (9) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, [2017] 2020.
245          (10) Subsection 17-27a-505.5(2)(a)(iii) is repealed June 1, [2017] 2020.
246          (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
247     mountainous planning district, the mountainous planning district" is repealed June 1, [2017]
248     2020.
249          (12) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, [2017] 2020.
250          (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
251     district land" is repealed June 1, [2017] 2020.
252          (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
253     [2017] 2020.
254          (15) On June 1, [2016] 2020, when making the changes in this section, the Office of
255     Legislative Research and General Counsel shall:
256          (a) in addition to its authority under Subsection 36-12-12(3), make corrections
257     necessary to ensure that sections and subsections identified in this section are complete
258     sentences and accurately reflect the office's [perception] understanding of the Legislature's
259     intent; and
260          (b) identify the text of the affected sections and subsections based upon the section and
261     subsection numbers used in [Laws of Utah 2015, Chapter 465] this bill.
262          Section 6. Revisor instructions.
263          The Legislature intends that the Office of Legislative Research and General Counsel, in
264     preparing the Utah Code database for publication, replace the language "this bill" in Subsection
265     63I-2-217(15)(b) with the bill's designated chapter number in the Laws of Utah.
265a     Ĥ→ Section 7. Coordinating H.B. 293 with H.B. 193 and H.B. 408 -- Superseding technical and
265b     substantive amendments.
265c     If this H.B. 293, H.B. 193, Revisor's Technical Corrections to Utah Code, and H.B. 408, State
265d     Property and School and Institutional Trust Land Amendments, all pass and become law, it is
265e     the intent of the Legislature that the amendments to Section 63I-2-210 in this bill supersede the
265f     amendments to Section 63I-2-210 in H.B. 193 and H.B. 408, when the Office of Legislative
265g     Research and General Counsel prepares the Utah Code database for publication. ←Ĥ