This document includes House Committee Amendments incorporated into the bill on Tue, Feb 28, 2017 at 2:22 PM by ryoung.




Chief Sponsor: Michael E. Noel

Senate Sponsor: J. Stuart Adams


9     General Description:
10           This bill modifies provisions related to local government's authority related to state
11     owned property and school and institutional trust land.
12     Highlighted Provisions:
13          This bill:
14          ▸      addresses a municipality's authority related to property owned by the state;
15          ▸     addresses a county's authority related to property owned by the state; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
19     Other Special Clauses:
20          Ĥ→ [
None] This bill provides a special effective date. ←Ĥ
21     Utah Code Sections Affected:
22     AMENDS:
23          10-9a-304, as last amended by Laws of Utah 2015, Chapter 465
24          17-27a-103, as last amended by Laws of Utah 2015, Chapters 327, 352, and 465
25          17-27a-301, as last amended by Laws of Utah 2016, Chapter 411
26          17-27a-304, as renumbered and amended by Laws of Utah 2005, Chapter 254
27          63I-2-210, as last amended by Laws of Utah 2016, Chapter 14


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 10-9a-304 is amended to read:
31          10-9a-304. State and federal property.
32          (1) As used in this section, "property owned by the state" includes property owned as
33     school and institutional trust land as defined in Section 53C-1-103.
34          (2) Unless otherwise provided by law, nothing contained in this chapter may be
35     construed as giving a municipality jurisdiction over property owned by the state or the United
36     States.
37          (3) Subsection (2) applies to property owned by the state that is occupied or used by a
38     person under a permit or lease.
39           Section 2. Section 17-27a-103 is amended to read:
40          17-27a-103. Definitions.
41          As used in this chapter:
42          (1) "Affected entity" means a county, municipality, local district, special service
43     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
44     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
45     property owner, property owners association, public utility, or the Utah Department of
46     Transportation, if:
47          (a) the entity's services or facilities are likely to require expansion or significant
48     modification because of an intended use of land;
49          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
50     or
51          (c) the entity has filed with the county a request for notice during the same calendar
52     year and before the county provides notice to an affected entity in compliance with a
53     requirement imposed under this chapter.
54          (2) "Appeal authority" means the person, board, commission, agency, or other body
55     designated by ordinance to decide an appeal of a decision of a land use application or a
56     variance.
57          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
58     residential property if the sign is designed or intended to direct attention to a business, product,

59     or service that is not sold, offered, or existing on the property where the sign is located.
60          (4) (a) "Charter school" means:
61          (i) an operating charter school;
62          (ii) a charter school applicant that has its application approved by a charter school
63     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
64          (iii) an entity that is working on behalf of a charter school or approved charter
65     applicant to develop or construct a charter school building.
66          (b) "Charter school" does not include a therapeutic school.
67          (5) "Chief executive officer" means the person or body that exercises the executive
68     powers of the county.
69          (6) "Conditional use" means a land use that, because of its unique characteristics or
70     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
71     compatible in some areas or may be compatible only if certain conditions are required that
72     mitigate or eliminate the detrimental impacts.
73          (7) "Constitutional taking" means a governmental action that results in a taking of
74     private property so that compensation to the owner of the property is required by the:
75          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
76          (b) Utah Constitution Article I, Section 22.
77          (8) "Culinary water authority" means the department, agency, or public entity with
78     responsibility to review and approve the feasibility of the culinary water system and sources for
79     the subject property.
80          (9) "Development activity" means:
81          (a) any construction or expansion of a building, structure, or use that creates additional
82     demand and need for public facilities;
83          (b) any change in use of a building or structure that creates additional demand and need
84     for public facilities; or
85          (c) any change in the use of land that creates additional demand and need for public
86     facilities.
87          (10) (a) "Disability" means a physical or mental impairment that substantially limits
88     one or more of a person's major life activities, including a person having a record of such an
89     impairment or being regarded as having such an impairment.

90          (b) "Disability" does not include current illegal use of, or addiction to, any federally
91     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
92     802.
93          (11) "Educational facility":
94          (a) means:
95          (i) a school district's building at which pupils assemble to receive instruction in a
96     program for any combination of grades from preschool through grade 12, including
97     kindergarten and a program for children with disabilities;
98          (ii) a structure or facility:
99          (A) located on the same property as a building described in Subsection (11)(a)(i); and
100          (B) used in support of the use of that building; and
101          (iii) a building to provide office and related space to a school district's administrative
102     personnel; and
103          (b) does not include:
104          (i) land or a structure, including land or a structure for inventory storage, equipment
105     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
106          (A) not located on the same property as a building described in Subsection (11)(a)(i);
107     and
108          (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
109          (ii) a therapeutic school.
110          (12) "Fire authority" means the department, agency, or public entity with responsibility
111     to review and approve the feasibility of fire protection and suppression services for the subject
112     property.
113          (13) "Flood plain" means land that:
114          (a) is within the 100-year flood plain designated by the Federal Emergency
115     Management Agency; or
116          (b) has not been studied or designated by the Federal Emergency Management Agency
117     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
118     the land has characteristics that are similar to those of a 100-year flood plain designated by the
119     Federal Emergency Management Agency.
120          (14) "Gas corporation" has the same meaning as defined in Section 54-2-1.

121          (15) "General plan" means a document that a county adopts that sets forth general
122     guidelines for proposed future development of:
123          (a) the unincorporated land within the county; or
124          (b) for a mountainous planning district, the land within the mountainous planning
125     district.
126          (16) "Geologic hazard" means:
127          (a) a surface fault rupture;
128          (b) shallow groundwater;
129          (c) liquefaction;
130          (d) a landslide;
131          (e) a debris flow;
132          (f) unstable soil;
133          (g) a rock fall; or
134          (h) any other geologic condition that presents a risk:
135          (i) to life;
136          (ii) of substantial loss of real property; or
137          (iii) of substantial damage to real property.
138          (17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
139     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
140     system.
141          (18) "Identical plans" means building plans submitted to a county that:
142          (a) are clearly marked as "identical plans";
143          (b) are substantially identical building plans that were previously submitted to and
144     reviewed and approved by the county; and
145          (c) describe a building that:
146          (i) is located on land zoned the same as the land on which the building described in the
147     previously approved plans is located;
148          (ii) is subject to the same geological and meteorological conditions and the same law
149     as the building described in the previously approved plans;
150          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
151     and approved by the county; and

152          (iv) does not require any additional engineering or analysis.
153          (19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
154     Impact Fees Act.
155          (20) "Improvement completion assurance" means a surety bond, letter of credit,
156     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
157     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
158     required as a condition precedent to:
159          (a) recording a subdivision plat; or
160          (b) development of a commercial, industrial, mixed use, or multifamily project.
161          (21) "Improvement warranty" means an applicant's unconditional warranty that the
162     applicant's installed and accepted landscaping or infrastructure improvement:
163          (a) complies with the county's written standards for design, materials, and
164     workmanship; and
165          (b) will not fail in any material respect, as a result of poor workmanship or materials,
166     within the improvement warranty period.
167          (22) "Improvement warranty period" means a period:
168          (a) no later than one year after a county's acceptance of required landscaping; or
169          (b) no later than one year after a county's acceptance of required infrastructure, unless
170     the county:
171          (i) determines for good cause that a one-year period would be inadequate to protect the
172     public health, safety, and welfare; and
173          (ii) has substantial evidence, on record:
174          (A) of prior poor performance by the applicant; or
175          (B) that the area upon which the infrastructure will be constructed contains suspect soil
176     and the county has not otherwise required the applicant to mitigate the suspect soil.
177          (23) "Infrastructure improvement" means permanent infrastructure that an applicant
178     must install:
179          (a) pursuant to published installation and inspection specifications for public
180     improvements; and
181          (b) as a condition of:
182          (i) recording a subdivision plat; or

183          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
184     project.
185          (24) "Internal lot restriction" means a platted note, platted demarcation, or platted
186     designation that:
187          (a) runs with the land; and
188          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
189     the plat; or
190          (ii) designates a development condition that is enclosed within the perimeter of a lot
191     described on the plat.
192          (25) "Interstate pipeline company" means a person or entity engaged in natural gas
193     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
194     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
195          (26) "Intrastate pipeline company" means a person or entity engaged in natural gas
196     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
197     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
198          (27) "Land use application" means an application required by a county's land use
199     ordinance.
200          (28) "Land use authority" means:
201          (a) a person, board, commission, agency, or body, including the local legislative body,
202     designated by the local legislative body to act upon a land use application; or
203          (b) if the local legislative body has not designated a person, board, commission,
204     agency, or body, the local legislative body.
205          (29) "Land use ordinance" means a planning, zoning, development, or subdivision
206     ordinance of the county, but does not include the general plan.
207          (30) "Land use permit" means a permit issued by a land use authority.
208          (31) "Legislative body" means the county legislative body, or for a county that has
209     adopted an alternative form of government, the body exercising legislative powers.
210          (32) "Local district" means any entity under Title 17B, Limited Purpose Local
211     Government Entities - Local Districts, and any other governmental or quasi-governmental
212     entity that is not a county, municipality, school district, or the state.
213          (33) "Lot line adjustment" means the relocation of the property boundary line in a

214     subdivision between two adjoining lots with the consent of the owners of record.
215          (34) "Moderate income housing" means housing occupied or reserved for occupancy
216     by households with a gross household income equal to or less than 80% of the median gross
217     income for households of the same size in the county in which the housing is located.
218          (35) "Mountainous planning district" means an area[:(a)] designated by a county
219     legislative body in accordance with Section 17-27a-901[; and].
220          [(b) that is not otherwise exempt under Subsection 10-9a-304(2)(b).]
221          (36) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
222     and expenses incurred in:
223          (a) verifying that building plans are identical plans; and
224          (b) reviewing and approving those minor aspects of identical plans that differ from the
225     previously reviewed and approved building plans.
226          (37) "Noncomplying structure" means a structure that:
227          (a) legally existed before its current land use designation; and
228          (b) because of one or more subsequent land use ordinance changes, does not conform
229     to the setback, height restrictions, or other regulations, excluding those regulations that govern
230     the use of land.
231          (38) "Nonconforming use" means a use of land that:
232          (a) legally existed before its current land use designation;
233          (b) has been maintained continuously since the time the land use ordinance regulation
234     governing the land changed; and
235          (c) because of one or more subsequent land use ordinance changes, does not conform
236     to the regulations that now govern the use of the land.
237          (39) "Official map" means a map drawn by county authorities and recorded in the
238     county recorder's office that:
239          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
240     highways and other transportation facilities;
241          (b) provides a basis for restricting development in designated rights-of-way or between
242     designated setbacks to allow the government authorities time to purchase or otherwise reserve
243     the land; and
244          (c) has been adopted as an element of the county's general plan.

245          (40) "Parcel boundary adjustment" means a recorded agreement between owners of
246     adjoining properties adjusting their mutual boundary if:
247          (a) no additional parcel is created; and
248          (b) each property identified in the agreement is unsubdivided land, including a
249     remainder of subdivided land.
250          (41) "Person" means an individual, corporation, partnership, organization, association,
251     trust, governmental agency, or any other legal entity.
252          (42) "Plan for moderate income housing" means a written document adopted by a
253     county legislative body that includes:
254          (a) an estimate of the existing supply of moderate income housing located within the
255     county;
256          (b) an estimate of the need for moderate income housing in the county for the next five
257     years as revised biennially;
258          (c) a survey of total residential land use;
259          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
260     income housing; and
261          (e) a description of the county's program to encourage an adequate supply of moderate
262     income housing.
263          (43) "Planning advisory area" means a contiguous, geographically defined portion of
264     the unincorporated area of a county established under this part with planning and zoning
265     functions as exercised through the planning advisory area planning commission, as provided in
266     this chapter, but with no legal or political identity separate from the county and no taxing
267     authority.
268          (44) "Plat" means a map or other graphical representation of lands being laid out and
269     prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
270          (45) "Potential geologic hazard area" means an area that:
271          (a) is designated by a Utah Geological Survey map, county geologist map, or other
272     relevant map or report as needing further study to determine the area's potential for geologic
273     hazard; or
274          (b) has not been studied by the Utah Geological Survey or a county geologist but
275     presents the potential of geologic hazard because the area has characteristics similar to those of

276     a designated geologic hazard area.
277          (46) "Public agency" means:
278          (a) the federal government;
279          (b) the state;
280          (c) a county, municipality, school district, local district, special service district, or other
281     political subdivision of the state; or
282          (d) a charter school.
283          (47) "Public hearing" means a hearing at which members of the public are provided a
284     reasonable opportunity to comment on the subject of the hearing.
285          (48) "Public meeting" means a meeting that is required to be open to the public under
286     Title 52, Chapter 4, Open and Public Meetings Act.
287          (49) "Receiving zone" means an unincorporated area of a county that the county
288     designates, by ordinance, as an area in which an owner of land may receive a transferable
289     development right.
290          (50) "Record of survey map" means a map of a survey of land prepared in accordance
291     with Section 17-23-17.
292          (51) "Residential facility for persons with a disability" means a residence:
293          (a) in which more than one person with a disability resides; and
294          (b) (i) which is licensed or certified by the Department of Human Services under Title
295     62A, Chapter 2, Licensure of Programs and Facilities; or
296          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
297     21, Health Care Facility Licensing and Inspection Act.
298          (52) "Rules of order and procedure" means a set of rules that govern and prescribe in a
299     public meeting:
300          (a) parliamentary order and procedure;
301          (b) ethical behavior; and
302          (c) civil discourse.
303          (53) "Sanitary sewer authority" means the department, agency, or public entity with
304     responsibility to review and approve the feasibility of sanitary sewer services or onsite
305     wastewater systems.
306          (54) "Sending zone" means an unincorporated area of a county that the county

307     designates, by ordinance, as an area from which an owner of land may transfer a transferable
308     development right.
309          (55) "Site plan" means a document or map that may be required by a county during a
310     preliminary review preceding the issuance of a building permit to demonstrate that an owner's
311     or developer's proposed development activity meets a land use requirement.
312          (56) "Specified public agency" means:
313          (a) the state;
314          (b) a school district; or
315          (c) a charter school.
316          (57) "Specified public utility" means an electrical corporation, gas corporation, or
317     telephone corporation, as those terms are defined in Section 54-2-1.
318          (58) "State" includes any department, division, or agency of the state.
319          (59) "Street" means a public right-of-way, including a highway, avenue, boulevard,
320     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
321     way.
322          (60) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
323     divided into two or more lots, parcels, sites, units, plots, or other division of land for the
324     purpose, whether immediate or future, for offer, sale, lease, or development either on the
325     installment plan or upon any and all other plans, terms, and conditions.
326          (b) "Subdivision" includes:
327          (i) the division or development of land whether by deed, metes and bounds description,
328     devise and testacy, map, plat, or other recorded instrument; and
329          (ii) except as provided in Subsection (60)(c), divisions of land for residential and
330     nonresidential uses, including land used or to be used for commercial, agricultural, and
331     industrial purposes.
332          (c) "Subdivision" does not include:
333          (i) a bona fide division or partition of agricultural land for agricultural purposes;
334          (ii) a recorded agreement between owners of adjoining properties adjusting their
335     mutual boundary if:
336          (A) no new lot is created; and
337          (B) the adjustment does not violate applicable land use ordinances;

338          (iii) a recorded document, executed by the owner of record:
339          (A) revising the legal description of more than one contiguous unsubdivided parcel of
340     property into one legal description encompassing all such parcels of property; or
341          (B) joining a subdivided parcel of property to another parcel of property that has not
342     been subdivided, if the joinder does not violate applicable land use ordinances;
343          (iv) a bona fide division or partition of land in a county other than a first class county
344     for the purpose of siting, on one or more of the resulting separate parcels:
345          (A) an electrical transmission line or a substation;
346          (B) a natural gas pipeline or a regulation station; or
347          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
348     utility service regeneration, transformation, retransmission, or amplification facility;
349          (v) a recorded agreement between owners of adjoining subdivided properties adjusting
350     their mutual boundary if:
351          (A) no new dwelling lot or housing unit will result from the adjustment; and
352          (B) the adjustment will not violate any applicable land use ordinance;
353          (vi) a bona fide division or partition of land by deed or other instrument where the land
354     use authority expressly approves in writing the division in anticipation of further land use
355     approvals on the parcel or parcels; or
356          (vii) a parcel boundary adjustment.
357          (d) The joining of a subdivided parcel of property to another parcel of property that has
358     not been subdivided does not constitute a subdivision under this Subsection (60) as to the
359     unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
360     ordinance.
361          (61) "Suspect soil" means soil that has:
362          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
363     3% swell potential;
364          (b) bedrock units with high shrink or swell susceptibility; or
365          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
366     commonly associated with dissolution and collapse features.
367          (62) "Therapeutic school" means a residential group living facility:
368          (a) for four or more individuals who are not related to:

369          (i) the owner of the facility; or
370          (ii) the primary service provider of the facility;
371          (b) that serves students who have a history of failing to function:
372          (i) at home;
373          (ii) in a public school; or
374          (iii) in a nonresidential private school; and
375          (c) that offers:
376          (i) room and board; and
377          (ii) an academic education integrated with:
378          (A) specialized structure and supervision; or
379          (B) services or treatment related to a disability, an emotional development, a
380     behavioral development, a familial development, or a social development.
381          (63) "Transferable development right" means a right to develop and use land that
382     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
383     land use rights from a designated sending zone to a designated receiving zone.
384          (64) "Unincorporated" means the area outside of the incorporated area of a
385     municipality.
386          (65) "Water interest" means any right to the beneficial use of water, including:
387          (a) each of the rights listed in Section 73-1-11; and
388          (b) an ownership interest in the right to the beneficial use of water represented by:
389          (i) a contract; or
390          (ii) a share in a water company, as defined in Section 73-3-3.5.
391          (66) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
392     land use zones, overlays, or districts.
393          Section 3. Section 17-27a-301 is amended to read:
394          17-27a-301. Ordinance establishing planning commission required -- Exception --
395     Ordinance requirements -- Planning advisory area planning commission --
396     Compensation.
397          (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
398     establishing a countywide planning commission for the unincorporated areas of the county not
399     within a planning advisory area.

400          (b) Subsection (1)(a) does not apply if all of the county is included within any
401     combination of:
402          (i) municipalities;
403          (ii) planning advisory areas with their own planning commissions; and
404          (iii) mountainous planning districts.
405          (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
406     (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
407     subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
408     the entire mountainous planning district, including areas of the mountainous planning district
409     that are also located within a municipality or are unincorporated.
410          (ii) A planning commission described in Subsection (1)(c)(i)[:] has jurisdiction subject
411     to a local health department exercising its authority in accordance with Title 26A, Chapter 1,
412     Local Health Departments, and a municipality exercising the municipality's authority in
413     accordance with Section 10-8-15.
414          [(A) does not have jurisdiction over a municipality described in Subsection
415     10-9a-304(2)(b); and]
416          [(B) has jurisdiction subject to a local health department exercising its authority in
417     accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
418     the municipality's authority in accordance with Section 10-8-15.]
419          (iii) The ordinance shall require that:
420          (A) members of the planning commission represent areas located in the unincorporated
421     and incorporated county;
422          (B) members of the planning commission be registered voters who reside either in the
423     unincorporated or incorporated county;
424          (C) at least one member of the planning commission resides within the mountainous
425     planning district; and
426          (D) the county designate up to four seats on the planning commission, and fill each
427     vacancy in the designated seats in accordance with the procedure described in Subsection (7).
428          (2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
429          (i) the number and terms of the members and, if the county chooses, alternate
430     members;

431          (ii) the mode of appointment;
432          (iii) the procedures for filling vacancies and removal from office;
433          (iv) the authority of the planning commission;
434          (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
435     planning commission in a public meeting; and
436          (vi) other details relating to the organization and procedures of the planning
437     commission.
438          (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
439     Title 52, Chapter 4, Open and Public Meetings Act.
440          (3) (a) (i) If the county establishes a planning advisory area planning commission, the
441     county legislative body shall enact an ordinance that defines:
442          (A) appointment procedures;
443          (B) procedures for filling vacancies and removing members from office;
444          (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
445     planning advisory area planning commission in a public meeting; and
446          (D) details relating to the organization and procedures of each planning advisory area
447     planning commission.
448          (ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
449     commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
450          (b) The planning commission for each planning advisory area shall consist of seven
451     members who shall be appointed by:
452          (i) in a county operating under a form of government in which the executive and
453     legislative functions of the governing body are separated, the county executive with the advice
454     and consent of the county legislative body; or
455          (ii) in a county operating under a form of government in which the executive and
456     legislative functions of the governing body are not separated, the county legislative body.
457          (c) (i) Members shall serve four-year terms and until their successors are appointed and
458     qualified.
459          (ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
460     planning commissions shall be appointed so that, for each commission, the terms of at least one
461     member and no more than two members expire each year.

462          (d) (i) Each member of a planning advisory area planning commission shall be a
463     registered voter residing within the planning advisory area.
464          (ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
465     that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
466     area.
467          (4) (a) A member of a planning commission who was elected to and served on a
468     planning commission on May 12, 2015, shall serve out the term to which the member was
469     elected.
470          (b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
471     seat shall be filled by appointment in accordance with this section.
472          (5) Upon the appointment of all members of a planning advisory area planning
473     commission, each planning advisory area planning commission under this section shall begin to
474     exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all
475     matters then pending that previously had been under the jurisdiction of the countywide
476     planning commission or planning advisory area planning and zoning board.
477          (6) The legislative body may fix per diem compensation for the members of the
478     planning commission, based on necessary and reasonable expenses and on meetings actually
479     attended.
480          (7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
481     commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
482          (b) If a county designates one or more planning commission seats under Subsection
483     (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
484          (i) (A) are adjacent to the mountainous planning district; and
485          (B) border the entrance to a canyon that is located within the boundaries of the
486     mountainous planning district and accessed by a paved road maintained by the county or the
487     state; or
488          (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.
489          (c) When there is a vacancy in a planning commission seat described in Subsection
490     (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
491     Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
492     the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.

493          (d) The city shall respond to a written request described in Subsection (7)(c) within 60
494     days after the day on which the city receives the written request.
495          (e) After the county receives the city's list of three individuals, the county shall submit
496     one of the individuals on the list for appointment to the vacant planning commission seat in
497     accordance with county ordinance.
498          (f) The county shall fill the vacancy in accordance with the county's standard procedure
499     if the city fails to timely respond to the written request.
500          Section 4. Section 17-27a-304 is amended to read:
501          17-27a-304. State and federal property.
502          (1) As used in this section, "property owned by the state" includes property owned as
503     school and institutional trust land as defined in Section 53C-1-103.
504          (2) Unless otherwise provided by law, nothing contained in this chapter may be
505     construed as giving a county jurisdiction over property owned by the state or the United States.
506          (3) Subsection (2) applies to property owned by the state that is occupied or used by a
507     person under a permit or lease.
508          Section 5. Section 63I-2-210 is amended to read:
509          63I-2-210. Repeal dates -- Title 10.
510          (1) Subsection 10-2a-106(2), the language that states ", including a township
511     incorporation procedure as defined in Section 10-2a-105," is repealed July 1, 2016.
512          (2) Subsection 10-2a-410(3)(d)(ii) is repealed January 1, 2017.
513          (3) Section 10-2a-105 is repealed July 1, 2016.
514          [(4) Subsection 10-9a-304(2) is repealed June 1, 2016.]
514a     Ĥ→ Section 6. Effective date.
514b      If approved by two-thirds of all the members elected to each house, this bill takes effect upon
514c     approval by the governor, or the day following the constitutional time limit of Utah
514d     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
514e     the date of veto override. ←Ĥ

Legislative Review Note
Office of Legislative Research and General Counsel