1     
STATE DATABASES AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill establishes provisions relating to information to be contained in certain
10     databases maintained by the state.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a municipality and a county to submit, to the Automated Geographic
14     Reference Center, information for inclusion in the unified statewide 911 emergency
15     service database;
16          ▸     requires the State Geographic Information Database to contain certain information
17     regarding each public highway in the state; and
18          ▸     makes conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          10-9a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
26          10-9a-604, as last amended by Laws of Utah 2017, Chapter 405
27          17-27a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428

28          17-27a-604, as last amended by Laws of Utah 2017, Chapter 405
29          63F-1-507, as last amended by Laws of Utah 2009, Chapter 350
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 10-9a-603 is amended to read:
33          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
34     acknowledgment, surveyor certification, and underground utility facility owner
35     verification of plat -- Recording plat.
36          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
37     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
38     the land shall provide an accurate plat that describes or specifies:
39          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
40     the county recorder's office;
41          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
42     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
43     intended to be used as a street or for any other public use, and whether any such area is
44     reserved or proposed for dedication for a public purpose;
45          (c) the lot or unit reference, block or building reference, street or site address, street
46     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
47     and width of the blocks and lots intended for sale; and
48          (d) every existing right-of-way and easement grant of record for an underground
49     facility, as defined in Section 54-8a-2, and for any other utility facility.
50          (2) (a) Subject to Subsections (3), (4), and [(5)] (6), if the plat conforms to the
51     municipality's ordinances and this part and has been approved by the culinary water authority,
52     the sanitary sewer authority, and the local health department, as defined in Section 26A-1-102,
53     if the local health department and the municipality consider the local health department's
54     approval necessary, the municipality shall approve the plat.
55          [(b) Municipalities are encouraged to receive a recommendation from the fire authority
56     before approving a plat.]
57          (b) (i) Before approving a plat, a municipality shall request recommendations on the
58     plat from the fire authority and the public safety answering point that have jurisdiction over the

59     area described in the plat.
60          (ii) If a fire authority or public safety answering point fails to provide a
61     recommendation on the plat within 20 days after the municipality requests a recommendation
62     under Subsection (2)(b)(i), the municipality may approve the plat without the recommendation.
63          (c) A municipality may not require that a plat be approved or signed by a person or
64     entity who:
65          (i) is not an employee or agent of the municipality; or
66          (ii) does not:
67          (A) have a legal or equitable interest in the property within the proposed subdivision;
68          (B) provide a utility or other service directly to a lot within the subdivision;
69          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
70     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
71     relation to the plat; or
72          (D) provide culinary public water service whose source protection zone designated as
73     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
74          (d) For a subdivision application that includes land located within a notification zone,
75     as determined under Subsection (2)(e), the land use authority shall:
76          (i) within 20 days after the day on which a complete subdivision application is filed,
77     provide written notice of the application to the canal owner or associated canal operator contact
78     described in:
79          (A) Section 10-9a-211;
80          (B) Subsection 73-5-7(2); or
81          (C) Subsection [(4)] (5)(c); and
82          (ii) wait to approve or reject the subdivision application for at least 20 days after the
83     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
84     to receive input from the canal owner or associated canal operator, including input regarding:
85          (A) access to the canal;
86          (B) maintenance of the canal;
87          (C) canal protection; and
88          (D) canal safety.
89          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a

90     canal owner or associated canal operator if:
91          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
92          (ii) the centerline alignment is available to the land use authority:
93          (A) from information provided by the canal company under Section 10-9a-211, using
94     mapping-grade global positioning satellite units or digitized data from the most recent aerial
95     photo available to the canal owner or associated canal operator;
96          (B) using the state engineer's inventory of canals under Section 73-5-7; or
97          (C) from information provided by a surveyor under Subsection [(4)] (5)(c).
98          (3) The municipality may withhold an otherwise valid plat approval until the owner of
99     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
100     penalties owing on the land have been paid.
101          (4) (a) Within 30 days after approving a final plat under this section, a municipality
102     shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
103     inclusion in the unified statewide 911 emergency service database described in Subsection
104     63H-7a-304(4)(b):
105          (i) an electronic copy of the approved final plat; or
106          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
107     for construction within the bounds of the approved plat.
108          (b) If requested by the Automated Geographic Reference Center, a municipality that
109     approves a final plat under this section shall:
110          (i) coordinate with the Automated Geographic Reference Center to validate the
111     information described in Subsection (4)(a); and
112          (ii) assist the Automated Geographic Reference Center in creating electronic files that
113     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
114     911 emergency service database.
115          [(4)] (5) (a) A plat may not be submitted to a county recorder for recording unless:
116          (i) prior to recordation, each owner of record of land described on the plat has signed
117     the owner's dedication as shown on the plat; and
118          (ii) the signature of each owner described in Subsection [(4)] (5)(a)(i) is acknowledged
119     as provided by law.
120          (b) The surveyor making the plat shall certify that the surveyor:

121          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
122     Professional Land Surveyors Licensing Act;
123          (ii) has completed a survey of the property described on the plat in accordance with
124     Section 17-23-17 and has verified all measurements; and
125          (iii) has placed monuments as represented on the plat.
126          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
127     an existing or proposed underground facility or utility facility within the proposed subdivision,
128     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
129     depiction of the:
130          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
131     public or private easement, or grants of record;
132          (B) location of an existing underground facility and utility facility; and
133          (C) physical restrictions governing the location of the underground facility and utility
134     facility within the subdivision.
135          (ii) The cooperation of an owner or operator under Subsection [(4)] (5)(c)(i):
136          (A) indicates only that the plat approximates the location of the existing underground
137     and utility facilities but does not warrant or verify their precise location; and
138          (B) does not affect a right that the owner or operator has under:
139          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
140          (II) a recorded easement or right-of-way;
141          (III) the law applicable to prescriptive rights; or
142          (IV) any other provision of law.
143          [(5)] (6) (a) After the plat has been acknowledged, certified, and approved, the owner
144     of the land shall, within the time period designated by ordinance, record the plat in the county
145     recorder's office in the county in which the lands platted and laid out are situated.
146          (b) An owner's failure to record a plat within the time period designated by ordinance
147     renders the plat voidable.
148          Section 2. Section 10-9a-604 is amended to read:
149          10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
150          (1) A person may not submit a subdivision plat to the county recorder's office for
151     recording unless:

152          (a) the person has complied with the requirements of Subsection 10-9a-603[(4)](5)(a);
153          (b) the plat has been approved by:
154          (i) the land use authority of the municipality in which the land described in the plat is
155     located; and
156          (ii) other officers that the municipality designates in its ordinance;
157          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
158     designated officers; and
159          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
160     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
161     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
162     common areas, as that term is defined in Section 57-8a-102.
163          (2) A subdivision plat recorded without the signatures required under this section is
164     void.
165          (3) A transfer of land pursuant to a void plat is voidable.
166          Section 3. Section 17-27a-603 is amended to read:
167          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
168     acknowledgment, surveyor certification, and underground utility facility owner
169     verification of plat -- Recording plat.
170          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
171     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
172     the land shall provide an accurate plat that describes or specifies:
173          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
174     the county recorder's office;
175          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
176     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
177     intended to be used as a street or for any other public use, and whether any such area is
178     reserved or proposed for dedication for a public purpose;
179          (c) the lot or unit reference, block or building reference, street or site address, street
180     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
181     and width of the blocks and lots intended for sale; and
182          (d) every existing right-of-way and easement grant of record for an underground

183     facility, as defined in Section 54-8a-2, and for any other utility facility.
184          (2) (a) Subject to Subsections (3), (4), and [(5)] (6), if the plat conforms to the county's
185     ordinances and this part and has been approved by the culinary water authority, the sanitary
186     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
187     health department and the county consider the local health department's approval necessary, the
188     county shall approve the plat.
189          [(b) Counties are encouraged to receive a recommendation from the fire authority
190     before approving a plat.]
191          (b) (i) Before approving a plat, a county shall request recommendations on the plat
192     from the fire authority and the public safety answering point that have jurisdiction over the area
193     described in the plat.
194          (ii) If a fire authority or public safety answering point fails to provide a
195     recommendation on the plat within 20 days after the county requests a recommendation under
196     Subsection (2)(b)(i), the county may approve the plat without the recommendation.
197          (c) A county may not require that a plat be approved or signed by a person or entity
198     who:
199          (i) is not an employee or agent of the county; or
200          (ii) does not:
201          (A) have a legal or equitable interest in the property within the proposed subdivision;
202          (B) provide a utility or other service directly to a lot within the subdivision;
203          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
204     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
205     relation to the plat; or
206          (D) provide culinary public water service whose source protection zone designated as
207     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
208          (d) For a subdivision application that includes land located within a notification zone,
209     as determined under Subsection (2)(e), the land use authority shall:
210          (i) within 20 days after the day on which a complete subdivision application is filed,
211     provide written notice of the application to the canal owner or associated canal operator contact
212     described in:
213          (A) Section 17-27a-211;

214          (B) Subsection 73-5-7(2); or
215          (C) Subsection [(4)] (5)(c); and
216          (ii) wait to approve or reject the subdivision application for at least 20 days after the
217     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
218     receive input from the canal owner or associated canal operator, including input regarding:
219          (A) access to the canal;
220          (B) maintenance of the canal;
221          (C) canal protection; and
222          (D) canal safety.
223          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
224     canal owner or associated canal operator if:
225          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
226          (ii) the centerline alignment is available to the land use authority:
227          (A) from information provided by the canal company under Section 17-27a-211 using
228     mapping-grade global positioning satellite units or digitized data from the most recent aerial
229     photo available to the canal owner or canal operator;
230          (B) using the state engineer's inventory of canals under Section 73-5-7; or
231          (C) from information provided by a surveyor under Subsection [(4)] (5)(c).
232          (3) The county may withhold an otherwise valid plat approval until the owner of the
233     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
234     penalties owing on the land have been paid.
235          (4) (a) Within 30 days after approving a final plat under this section, a county shall
236     submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
237     inclusion in the unified statewide 911 emergency service database described in Subsection
238     63H-7a-304(4)(b):
239          (i) an electronic copy of the approved final plat; or
240          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
241     for construction within the bounds of the approved plat.
242          (b) If requested by the Automated Geographic Reference Center, a county that
243     approves a final plat under this section shall:
244          (i) coordinate with the Automated Geographic Reference Center to validate the

245     information described in Subsection (4)(a); and
246          (ii) assist the Automated Geographic Reference Center in creating electronic files that
247     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
248     911 emergency service database.
249          [(4)] (5) (a) A plat may not be submitted to a county recorder for recording unless,
250     subject to Subsection 17-27a-604[(2)](1):
251          (i) prior to recordation, each owner of record of land described on the plat has signed
252     the owner's dedication as shown on the plat; and
253          (ii) the signature of each owner described in Subsection [(4)] (5)(a)(i) is acknowledged
254     as provided by law.
255          (b) The surveyor making the plat shall certify that the surveyor:
256          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
257     Professional Land Surveyors Licensing Act;
258          (ii) has completed a survey of the property described on the plat in accordance with
259     Section 17-23-17 and has verified all measurements; and
260          (iii) has placed monuments as represented on the plat.
261          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
262     an existing or proposed underground facility or utility facility within the proposed subdivision,
263     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
264     depiction of the:
265          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
266     public or private easement, or grants of record;
267          (B) location of an existing underground facility and utility facility; and
268          (C) physical restrictions governing the location of the underground facility and utility
269     facility within the subdivision.
270          (ii) The cooperation of an owner or operator under Subsection [(4)] (5)(c)(i):
271          (A) indicates only that the plat approximates the location of the existing underground
272     and utility facilities but does not warrant or verify their precise location; and
273          (B) does not affect a right that the owner or operator has under:
274          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
275          (II) a recorded easement or right-of-way;

276          (III) the law applicable to prescriptive rights; or
277          (IV) any other provision of law.
278          [(5)] (6) (a) After the plat has been acknowledged, certified, and approved, the owner
279     of the land shall, within the time period designated by ordinance, record the plat in the county
280     recorder's office in the county in which the lands platted and laid out are situated.
281          (b) An owner's failure to record a plat within the time period designated by ordinance
282     renders the plat voidable.
283          Section 4. Section 17-27a-604 is amended to read:
284          17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
285          (1) A person may not submit a subdivision plat to the county recorder's office for
286     recording unless:
287          (a) the person has complied with the requirements of Subsection 17-27a-603[(4)](5)(a);
288          (b) the plat has been approved by:
289          (i) the land use authority of the:
290          (A) county in whose unincorporated area the land described in the plat is located; or
291          (B) mountainous planning district in whose area the land described in the plat is
292     located; and
293          (ii) other officers that the county designates in its ordinance;
294          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
295     designated officers; and
296          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
297     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
298     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
299     common areas, as that term is defined in Section 57-8a-102.
300          (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
301     the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
302     Community Association Act.
303          (3) A plat recorded without the signatures required under this section is void.
304          (4) A transfer of land pursuant to a void plat is voidable.
305          Section 5. Section 63F-1-507 is amended to read:
306          63F-1-507. State Geographic Information Database.

307          (1) There is created a State Geographic Information Database to be managed by the
308     center.
309          (2) The database shall:
310          (a) serve as the central reference for all information contained in any GIS database by
311     any state agency;
312          (b) serve as a clearing house and repository for all data layers required by multiple
313     users;
314          (c) serve as a standard format for geographic information acquired, purchased, or
315     produced by any state agency; [and]
316          (d) include an accurate representation of all civil subdivision boundaries of the state[.];
317     and
318          (e) for each public highway, as defined in Section 72-1-102, in the state, include an
319     accurate representation of the highway's centerline, physical characteristics, and associated
320     street address ranges.
321          (3) The center shall, in coordination with municipalities, counties, emergency
322     communications centers, and the Department of Transportation:
323          (a) develop the information described in Subsection (2)(e); and
324          (b) update the information described in Subsection (2)(e) in a timely manner after a
325     county recorder records a final plat.
326          [(3)] (4) Each state agency that acquires, purchases, or produces digital geographic
327     information data shall:
328          (a) inform the center of the existence of the data layers and their geographic extent;
329          (b) allow the center access to all data classified public; and
330          (c) comply with any database requirements established by the center.
331          [(4)] (5) At least annually, the State Tax Commission shall deliver to the center
332     information the State Tax Commission receives under Section 67-1a-6.5 relating to the creation
333     or modification of the boundaries of political subdivisions.
334          [(5)] (6) The boundary of a political subdivision within the State Geographic
335     Information Database is the official boundary of the political subdivision for purposes of
336     meeting the needs of the United States Bureau of the Census in identifying the boundary of the
337     political subdivision.







Legislative Review Note
Office of Legislative Research and General Counsel