1     
BOUNDARY LINE AGREEMENT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Allen M. Christensen

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to a boundary line agreement.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions;
13          ▸     modifies the requirements of a boundary line agreement;
14          ▸     allows a record of survey map that meets certain requirements to serve as a
15     boundary line agreement and convey title; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          10-9a-103, as last amended by Laws of Utah 2017, Chapters 17 and 84
24          17-27a-103, as last amended by Laws of Utah 2017, Chapter 84
25          57-1-13, as last amended by Laws of Utah 2011, Chapter 88
26          57-1-45, as last amended by Laws of Utah 2011, Chapter 88
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 10-9a-103 is amended to read:
30          10-9a-103. Definitions.
31          As used in this chapter:
32          (1) "Affected entity" means a county, municipality, local district, special service
33     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
34     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
35     public utility, property owner, property owners association, or the Utah Department of
36     Transportation, if:
37          (a) the entity's services or facilities are likely to require expansion or significant
38     modification because of an intended use of land;
39          (b) the entity has filed with the municipality a copy of the entity's general or long-range
40     plan; or
41          (c) the entity has filed with the municipality a request for notice during the same
42     calendar year and before the municipality provides notice to an affected entity in compliance
43     with a requirement imposed under this chapter.
44          (2) "Appeal authority" means the person, board, commission, agency, or other body
45     designated by ordinance to decide an appeal of a decision of a land use application or a
46     variance.
47          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
48     residential property if the sign is designed or intended to direct attention to a business, product,
49     or service that is not sold, offered, or existing on the property where the sign is located.
50          (4) (a) "Charter school" means:
51          (i) an operating charter school;
52          (ii) a charter school applicant that has its application approved by a charter school
53     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
54          (iii) an entity that is working on behalf of a charter school or approved charter
55     applicant to develop or construct a charter school building.
56          (b) "Charter school" does not include a therapeutic school.
57          (5) "Conditional use" means a land use that, because of its unique characteristics or
58     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be

59     compatible in some areas or may be compatible only if certain conditions are required that
60     mitigate or eliminate the detrimental impacts.
61          (6) "Constitutional taking" means a governmental action that results in a taking of
62     private property so that compensation to the owner of the property is required by the:
63          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
64          (b) Utah Constitution Article I, Section 22.
65          (7) "Culinary water authority" means the department, agency, or public entity with
66     responsibility to review and approve the feasibility of the culinary water system and sources for
67     the subject property.
68          (8) "Development activity" means:
69          (a) any construction or expansion of a building, structure, or use that creates additional
70     demand and need for public facilities;
71          (b) any change in use of a building or structure that creates additional demand and need
72     for public facilities; or
73          (c) any change in the use of land that creates additional demand and need for public
74     facilities.
75          (9) (a) "Disability" means a physical or mental impairment that substantially limits one
76     or more of a person's major life activities, including a person having a record of such an
77     impairment or being regarded as having such an impairment.
78          (b) "Disability" does not include current illegal use of, or addiction to, any federally
79     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
80     802.
81          (10) "Educational facility":
82          (a) means:
83          (i) a school district's building at which pupils assemble to receive instruction in a
84     program for any combination of grades from preschool through grade 12, including
85     kindergarten and a program for children with disabilities;
86          (ii) a structure or facility:
87          (A) located on the same property as a building described in Subsection (10)(a)(i); and
88          (B) used in support of the use of that building; and
89          (iii) a building to provide office and related space to a school district's administrative

90     personnel; and
91          (b) does not include:
92          (i) land or a structure, including land or a structure for inventory storage, equipment
93     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
94          (A) not located on the same property as a building described in Subsection (10)(a)(i);
95     and
96          (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
97          (ii) a therapeutic school.
98          (11) "Fire authority" means the department, agency, or public entity with responsibility
99     to review and approve the feasibility of fire protection and suppression services for the subject
100     property.
101          (12) "Flood plain" means land that:
102          (a) is within the 100-year flood plain designated by the Federal Emergency
103     Management Agency; or
104          (b) has not been studied or designated by the Federal Emergency Management Agency
105     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
106     the land has characteristics that are similar to those of a 100-year flood plain designated by the
107     Federal Emergency Management Agency.
108          (13) "General plan" means a document that a municipality adopts that sets forth general
109     guidelines for proposed future development of the land within the municipality.
110          (14) "Geologic hazard" means:
111          (a) a surface fault rupture;
112          (b) shallow groundwater;
113          (c) liquefaction;
114          (d) a landslide;
115          (e) a debris flow;
116          (f) unstable soil;
117          (g) a rock fall; or
118          (h) any other geologic condition that presents a risk:
119          (i) to life;
120          (ii) of substantial loss of real property; or

121          (iii) of substantial damage to real property.
122          (15) "Historic preservation authority" means a person, board, commission, or other
123     body designated by a legislative body to:
124          (a) recommend land use regulations to preserve local historic districts or areas; and
125          (b) administer local historic preservation land use regulations within a local historic
126     district or area.
127          (16) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
128     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
129     utility system.
130          (17) "Identical plans" means building plans submitted to a municipality that:
131          (a) are clearly marked as "identical plans";
132          (b) are substantially identical to building plans that were previously submitted to and
133     reviewed and approved by the municipality; and
134          (c) describe a building that:
135          (i) is located on land zoned the same as the land on which the building described in the
136     previously approved plans is located;
137          (ii) is subject to the same geological and meteorological conditions and the same law
138     as the building described in the previously approved plans;
139          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
140     and approved by the municipality; and
141          (iv) does not require any additional engineering or analysis.
142          (18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
143     Impact Fees Act.
144          (19) "Improvement completion assurance" means a surety bond, letter of credit,
145     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
146     by a municipality to guaranty the proper completion of landscaping or an infrastructure
147     improvement required as a condition precedent to:
148          (a) recording a subdivision plat; or
149          (b) development of a commercial, industrial, mixed use, or multifamily project.
150          (20) "Improvement warranty" means an applicant's unconditional warranty that the
151     applicant's installed and accepted landscaping or infrastructure improvement:

152          (a) complies with the municipality's written standards for design, materials, and
153     workmanship; and
154          (b) will not fail in any material respect, as a result of poor workmanship or materials,
155     within the improvement warranty period.
156          (21) "Improvement warranty period" means a period:
157          (a) no later than one year after a municipality's acceptance of required landscaping; or
158          (b) no later than one year after a municipality's acceptance of required infrastructure,
159     unless the municipality:
160          (i) determines for good cause that a one-year period would be inadequate to protect the
161     public health, safety, and welfare; and
162          (ii) has substantial evidence, on record:
163          (A) of prior poor performance by the applicant; or
164          (B) that the area upon which the infrastructure will be constructed contains suspect soil
165     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
166          (22) "Infrastructure improvement" means permanent infrastructure that an applicant
167     must install:
168          (a) pursuant to published installation and inspection specifications for public
169     improvements; and
170          (b) as a condition of:
171          (i) recording a subdivision plat; or
172          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
173     project.
174          (23) "Internal lot restriction" means a platted note, platted demarcation, or platted
175     designation that:
176          (a) runs with the land; and
177          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
178     the plat; or
179          (ii) designates a development condition that is enclosed within the perimeter of a lot
180     described on the plat.
181          (24) "Land use applicant" means a property owner, or the property owner's designee,
182     who submits a land use application regarding the property owner's land.

183          (25) "Land use application":
184          (a) means an application that is:
185          (i) required by a municipality; and
186          (ii) submitted by a land use applicant to obtain a land use decision; and
187          (b) does not mean an application to enact, amend, or repeal a land use regulation.
188          (26) "Land use authority" means:
189          (a) a person, board, commission, agency, or body, including the local legislative body,
190     designated by the local legislative body to act upon a land use application; or
191          (b) if the local legislative body has not designated a person, board, commission,
192     agency, or body, the local legislative body.
193          (27) "Land use decision" means a final action of a land use authority or appeal
194     authority regarding:
195          (a) a land use permit;
196          (b) a land use application; or
197          (c) the enforcement of a land use regulation, land use permit, or development
198     agreement.
199          (28) "Land use permit" means a permit issued by a land use authority.
200          (29) "Land use regulation":
201          (a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
202     governs the use or development of land; and
203          (b) does not include:
204          (i) a general plan;
205          (ii) a land use decision of the legislative body acting as the land use authority, even if
206     the decision is expressed in a resolution or ordinance; or
207          (iii) a temporary revision to an engineering specification that does not materially:
208          (A) increase a land use applicant's cost of development compared to the existing
209     specification; or
210          (B) impact a land use applicant's use of land.
211          (30) "Legislative body" means the municipal council.
212          (31) "Local district" means an entity under Title 17B, Limited Purpose Local
213     Government Entities - Local Districts, and any other governmental or quasi-governmental

214     entity that is not a county, municipality, school district, or the state.
215          (32) "Local historic district or area" means a geographically definable area that:
216          (a) contains any combination of buildings, structures, sites, objects, landscape features,
217     archeological sites, or works of art that contribute to the historic preservation goals of a
218     legislative body; and
219          (b) is subject to land use regulations to preserve the historic significance of the local
220     historic district or area.
221          (33) "Lot line adjustment" means [the] a relocation of the property boundary line [in a
222     subdivision] between [two] adjoining lots or subdivisions with the consent of the owners of
223     record and in accordance with Section 10-9a-608.
224          (34) "Moderate income housing" means housing occupied or reserved for occupancy
225     by households with a gross household income equal to or less than 80% of the median gross
226     income for households of the same size in the county in which the city is located.
227          (35) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
228     spent and expenses incurred in:
229          (a) verifying that building plans are identical plans; and
230          (b) reviewing and approving those minor aspects of identical plans that differ from the
231     previously reviewed and approved building plans.
232          (36) "Noncomplying structure" means a structure that:
233          (a) legally existed before its current land use designation; and
234          (b) because of one or more subsequent land use ordinance changes, does not conform
235     to the setback, height restrictions, or other regulations, excluding those regulations, which
236     govern the use of land.
237          (37) "Nonconforming use" means a use of land that:
238          (a) legally existed before its current land use designation;
239          (b) has been maintained continuously since the time the land use ordinance governing
240     the land changed; and
241          (c) because of one or more subsequent land use ordinance changes, does not conform
242     to the regulations that now govern the use of the land.
243          (38) "Official map" means a map drawn by municipal authorities and recorded in a
244     county recorder's office that:

245          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
246     highways and other transportation facilities;
247          (b) provides a basis for restricting development in designated rights-of-way or between
248     designated setbacks to allow the government authorities time to purchase or otherwise reserve
249     the land; and
250          (c) has been adopted as an element of the municipality's general plan.
251          (39) "Parcel boundary adjustment" means:
252          (a) a recorded agreement between owners of adjoining [properties] parcels adjusting
253     [their] the parcels' mutual boundary, either by quitclaim deed or by a boundary line agreement
254     in accordance with Section 57-1-45, if:
255          [(a)] (i) no additional parcel is created; and
256          [(b)] (ii) each property identified in the agreement is [unsubdivided land, including a
257     remainder of subdivided land.] not subdivided land; or
258          (b) a single owner of separate parcels adjusting the owner's parcels' boundaries if no
259     additional parcel is created.
260          (40) "Person" means an individual, corporation, partnership, organization, association,
261     trust, governmental agency, or any other legal entity.
262          (41) "Plan for moderate income housing" means a written document adopted by a city
263     legislative body that includes:
264          (a) an estimate of the existing supply of moderate income housing located within the
265     city;
266          (b) an estimate of the need for moderate income housing in the city for the next five
267     years as revised biennially;
268          (c) a survey of total residential land use;
269          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
270     income housing; and
271          (e) a description of the city's program to encourage an adequate supply of moderate
272     income housing.
273          (42) "Plat" means a map or other graphical representation of lands [being laid] that a
274     licensed professional land surveyor lays out and [prepared] prepares in accordance with Section
275     10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.

276          (43) "Potential geologic hazard area" means an area that:
277          (a) is designated by a Utah Geological Survey map, county geologist map, or other
278     relevant map or report as needing further study to determine the area's potential for geologic
279     hazard; or
280          (b) has not been studied by the Utah Geological Survey or a county geologist but
281     presents the potential of geologic hazard because the area has characteristics similar to those of
282     a designated geologic hazard area.
283          (44) "Public agency" means:
284          (a) the federal government;
285          (b) the state;
286          (c) a county, municipality, school district, local district, special service district, or other
287     political subdivision of the state; or
288          (d) a charter school.
289          (45) "Public hearing" means a hearing at which members of the public are provided a
290     reasonable opportunity to comment on the subject of the hearing.
291          (46) "Public meeting" means a meeting that is required to be open to the public under
292     Title 52, Chapter 4, Open and Public Meetings Act.
293          (47) "Receiving zone" means an area of a municipality that the municipality
294     designates, by ordinance, as an area in which an owner of land may receive a transferable
295     development right.
296          (48) "Record of survey map" means a map of a survey of land prepared in accordance
297     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
298          (49) "Residential facility for persons with a disability" means a residence:
299          (a) in which more than one person with a disability resides; and
300          (b) (i) which is licensed or certified by the Department of Human Services under Title
301     62A, Chapter 2, Licensure of Programs and Facilities; or
302          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
303     21, Health Care Facility Licensing and Inspection Act.
304          (50) "Rules of order and procedure" means a set of rules that govern and prescribe in a
305     public meeting:
306          (a) parliamentary order and procedure;

307          (b) ethical behavior; and
308          (c) civil discourse.
309          (51) "Sanitary sewer authority" means the department, agency, or public entity with
310     responsibility to review and approve the feasibility of sanitary sewer services or onsite
311     wastewater systems.
312          (52) "Sending zone" means an area of a municipality that the municipality designates,
313     by ordinance, as an area from which an owner of land may transfer a transferable development
314     right.
315          (53) "Specified public agency" means:
316          (a) the state;
317          (b) a school district; or
318          (c) a charter school.
319          (54) "Specified public utility" means an electrical corporation, gas corporation, or
320     telephone corporation, as those terms are defined in Section 54-2-1.
321          (55) "State" includes any department, division, or agency of the state.
322          (56) "Street" means a public right-of-way, including a highway, avenue, boulevard,
323     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
324     way.
325          (57) "Subdivided land" means the land, tract, or parcel described in a recorded plat.
326          [(57)] (58) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
327     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
328     purpose, whether immediate or future, for offer, sale, lease, or development either on the
329     installment plan or upon any and all other plans, terms, and conditions.
330          (b) "Subdivision" includes:
331          (i) the division or development of land whether by deed, metes and bounds description,
332     devise and testacy, map, plat, or other recorded instrument; and
333          (ii) except as provided in Subsection [(57)] (58)(c), divisions of land for residential and
334     nonresidential uses, including land used or to be used for commercial, agricultural, and
335     industrial purposes.
336          (c) "Subdivision" does not include:
337          (i) a bona fide division or partition of agricultural land for the purpose of joining one of

338     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
339     neither the resulting combined parcel nor the parcel remaining from the division or partition
340     violates an applicable land use ordinance;
341          (ii) [a recorded] an agreement between owners of adjoining unsubdivided properties
342     adjusting [their] the properties' mutual boundary, either by quitclaim deed or by a boundary line
343     agreement in accordance with Section 57-1-45, if:
344          (A) no new lot is created; and
345          (B) the adjustment does not violate applicable land use ordinances;
346          (iii) a recorded document, executed by the owner of record[: (A)], revising the legal
347     description of more than one contiguous [unsubdivided] parcel of property that is not
348     subdivided land into one legal description encompassing all such parcels of property; [or]
349          [(B) joining a subdivided parcel of property to another parcel of property that has not
350     been subdivided, if the joinder does not violate applicable land use ordinances;]
351          (iv) [a recorded] an agreement between owners of adjoining subdivided properties
352     adjusting their mutual boundary in accordance with Section 10-9a-603 if:
353          (A) no new dwelling lot or housing unit will result from the adjustment; and
354          (B) the adjustment will not violate any applicable land use ordinance;
355          (v) a bona fide division or partition of land by deed or other instrument where the land
356     use authority expressly approves in writing the division in anticipation of further land use
357     approvals on the parcel or parcels; or
358          (vi) a parcel boundary adjustment.
359          [(d) The joining of a subdivided parcel of property to another parcel of property that
360     has not been subdivided does not constitute a subdivision under this Subsection (57) as to the
361     unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
362     subdivision ordinance.]
363          [(58)] (59) "Suspect soil" means soil that has:
364          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
365     3% swell potential;
366          (b) bedrock units with high shrink or swell susceptibility; or
367          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
368     commonly associated with dissolution and collapse features.

369          [(59)] (60) "Therapeutic school" means a residential group living facility:
370          (a) for four or more individuals who are not related to:
371          (i) the owner of the facility; or
372          (ii) the primary service provider of the facility;
373          (b) that serves students who have a history of failing to function:
374          (i) at home;
375          (ii) in a public school; or
376          (iii) in a nonresidential private school; and
377          (c) that offers:
378          (i) room and board; and
379          (ii) an academic education integrated with:
380          (A) specialized structure and supervision; or
381          (B) services or treatment related to a disability, an emotional development, a
382     behavioral development, a familial development, or a social development.
383          [(60)] (61) "Transferable development right" means a right to develop and use land that
384     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
385     land use rights from a designated sending zone to a designated receiving zone.
386          [(61)] (62) "Unincorporated" means the area outside of the incorporated area of a city
387     or town.
388          [(62)] (63) "Water interest" means any right to the beneficial use of water, including:
389          (a) each of the rights listed in Section 73-1-11; and
390          (b) an ownership interest in the right to the beneficial use of water represented by:
391          (i) a contract; or
392          (ii) a share in a water company, as defined in Section 73-3-3.5.
393          [(63)] (64) "Zoning map" means a map, adopted as part of a land use ordinance, that
394     depicts land use zones, overlays, or districts.
395          Section 2. Section 17-27a-103 is amended to read:
396          17-27a-103. Definitions.
397          As used in this chapter:
398          (1) "Affected entity" means a county, municipality, local district, special service
399     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal

400     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
401     property owner, property owners association, public utility, or the Utah Department of
402     Transportation, if:
403          (a) the entity's services or facilities are likely to require expansion or significant
404     modification because of an intended use of land;
405          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
406     or
407          (c) the entity has filed with the county a request for notice during the same calendar
408     year and before the county provides notice to an affected entity in compliance with a
409     requirement imposed under this chapter.
410          (2) "Appeal authority" means the person, board, commission, agency, or other body
411     designated by ordinance to decide an appeal of a decision of a land use application or a
412     variance.
413          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
414     residential property if the sign is designed or intended to direct attention to a business, product,
415     or service that is not sold, offered, or existing on the property where the sign is located.
416          (4) (a) "Charter school" means:
417          (i) an operating charter school;
418          (ii) a charter school applicant that has its application approved by a charter school
419     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
420          (iii) an entity that is working on behalf of a charter school or approved charter
421     applicant to develop or construct a charter school building.
422          (b) "Charter school" does not include a therapeutic school.
423          (5) "Chief executive officer" means the person or body that exercises the executive
424     powers of the county.
425          (6) "Conditional use" means a land use that, because of its unique characteristics or
426     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
427     compatible in some areas or may be compatible only if certain conditions are required that
428     mitigate or eliminate the detrimental impacts.
429          (7) "Constitutional taking" means a governmental action that results in a taking of
430     private property so that compensation to the owner of the property is required by the:

431          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
432          (b) Utah Constitution, Article I, Section 22.
433          (8) "Culinary water authority" means the department, agency, or public entity with
434     responsibility to review and approve the feasibility of the culinary water system and sources for
435     the subject property.
436          (9) "Development activity" means:
437          (a) any construction or expansion of a building, structure, or use that creates additional
438     demand and need for public facilities;
439          (b) any change in use of a building or structure that creates additional demand and need
440     for public facilities; or
441          (c) any change in the use of land that creates additional demand and need for public
442     facilities.
443          (10) (a) "Disability" means a physical or mental impairment that substantially limits
444     one or more of a person's major life activities, including a person having a record of such an
445     impairment or being regarded as having such an impairment.
446          (b) "Disability" does not include current illegal use of, or addiction to, any federally
447     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
448     802.
449          (11) "Educational facility":
450          (a) means:
451          (i) a school district's building at which pupils assemble to receive instruction in a
452     program for any combination of grades from preschool through grade 12, including
453     kindergarten and a program for children with disabilities;
454          (ii) a structure or facility:
455          (A) located on the same property as a building described in Subsection (11)(a)(i); and
456          (B) used in support of the use of that building; and
457          (iii) a building to provide office and related space to a school district's administrative
458     personnel; and
459          (b) does not include:
460          (i) land or a structure, including land or a structure for inventory storage, equipment
461     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:

462          (A) not located on the same property as a building described in Subsection (11)(a)(i);
463     and
464          (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
465          (ii) a therapeutic school.
466          (12) "Fire authority" means the department, agency, or public entity with responsibility
467     to review and approve the feasibility of fire protection and suppression services for the subject
468     property.
469          (13) "Flood plain" means land that:
470          (a) is within the 100-year flood plain designated by the Federal Emergency
471     Management Agency; or
472          (b) has not been studied or designated by the Federal Emergency Management Agency
473     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
474     the land has characteristics that are similar to those of a 100-year flood plain designated by the
475     Federal Emergency Management Agency.
476          (14) "Gas corporation" [has the same meaning as] means the same as that term is
477     defined in Section 54-2-1.
478          (15) "General plan" means a document that a county adopts that sets forth general
479     guidelines for proposed future development of:
480          (a) the unincorporated land within the county; or
481          (b) for a mountainous planning district, the land within the mountainous planning
482     district.
483          (16) "Geologic hazard" means:
484          (a) a surface fault rupture;
485          (b) shallow groundwater;
486          (c) liquefaction;
487          (d) a landslide;
488          (e) a debris flow;
489          (f) unstable soil;
490          (g) a rock fall; or
491          (h) any other geologic condition that presents a risk:
492          (i) to life;

493          (ii) of substantial loss of real property; or
494          (iii) of substantial damage to real property.
495          (17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
496     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
497     system.
498          (18) "Identical plans" means building plans submitted to a county that:
499          (a) are clearly marked as "identical plans";
500          (b) are substantially identical building plans that were previously submitted to and
501     reviewed and approved by the county; and
502          (c) describe a building that:
503          (i) is located on land zoned the same as the land on which the building described in the
504     previously approved plans is located;
505          (ii) is subject to the same geological and meteorological conditions and the same law
506     as the building described in the previously approved plans;
507          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
508     and approved by the county; and
509          (iv) does not require any additional engineering or analysis.
510          (19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
511     Impact Fees Act.
512          (20) "Improvement completion assurance" means a surety bond, letter of credit,
513     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
514     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
515     required as a condition precedent to:
516          (a) recording a subdivision plat; or
517          (b) development of a commercial, industrial, mixed use, or multifamily project.
518          (21) "Improvement warranty" means an applicant's unconditional warranty that the
519     applicant's installed and accepted landscaping or infrastructure improvement:
520          (a) complies with the county's written standards for design, materials, and
521     workmanship; and
522          (b) will not fail in any material respect, as a result of poor workmanship or materials,
523     within the improvement warranty period.

524          (22) "Improvement warranty period" means a period:
525          (a) no later than one year after a county's acceptance of required landscaping; or
526          (b) no later than one year after a county's acceptance of required infrastructure, unless
527     the county:
528          (i) determines for good cause that a one-year period would be inadequate to protect the
529     public health, safety, and welfare; and
530          (ii) has substantial evidence, on record:
531          (A) of prior poor performance by the applicant; or
532          (B) that the area upon which the infrastructure will be constructed contains suspect soil
533     and the county has not otherwise required the applicant to mitigate the suspect soil.
534          (23) "Infrastructure improvement" means permanent infrastructure that an applicant
535     must install:
536          (a) pursuant to published installation and inspection specifications for public
537     improvements; and
538          (b) as a condition of:
539          (i) recording a subdivision plat; or
540          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
541     project.
542          (24) "Internal lot restriction" means a platted note, platted demarcation, or platted
543     designation that:
544          (a) runs with the land; and
545          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
546     the plat; or
547          (ii) designates a development condition that is enclosed within the perimeter of a lot
548     described on the plat.
549          (25) "Interstate pipeline company" means a person or entity engaged in natural gas
550     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
551     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
552          (26) "Intrastate pipeline company" means a person or entity engaged in natural gas
553     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
554     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.

555          (27) "Land use applicant" means a property owner, or the property owner's designee,
556     who submits a land use application regarding the property owner's land.
557          (28) "Land use application":
558          (a) means an application that is:
559          (i) required by a county; and
560          (ii) submitted by a land use applicant to obtain a land use decision; and
561          (b) does not mean an application to enact, amend, or repeal a land use regulation.
562          (29) "Land use authority" means:
563          (a) a person, board, commission, agency, or body, including the local legislative body,
564     designated by the local legislative body to act upon a land use application; or
565          (b) if the local legislative body has not designated a person, board, commission,
566     agency, or body, the local legislative body.
567          (30) "Land use decision" means a final action of a land use authority or appeal
568     authority regarding:
569          (a) a land use permit;
570          (b) a land use application; or
571          (c) the enforcement of a land use regulation, land use permit, or development
572     agreement.
573          (31) "Land use permit" means a permit issued by a land use authority.
574          (32) "Land use regulation":
575          (a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
576     governs the use or development of land; and
577          (b) does not include:
578          (i) a general plan;
579          (ii) a land use decision of the legislative body acting as the land use authority, even if
580     the decision is expressed in a resolution or ordinance; or
581          (iii) a temporary revision to an engineering specification that does not materially:
582          (A) increase a land use applicant's cost of development compared to the existing
583     specification; or
584          (B) impact a land use applicant's use of land.
585          (33) "Legislative body" means the county legislative body, or for a county that has

586     adopted an alternative form of government, the body exercising legislative powers.
587          (34) "Local district" means any entity under Title 17B, Limited Purpose Local
588     Government Entities - Local Districts, and any other governmental or quasi-governmental
589     entity that is not a county, municipality, school district, or the state.
590          (35) "Lot line adjustment" means the relocation of [the] a property boundary line [in a
591     subdivision] between [two] adjoining lots or subdivisions with the consent of the owners of
592     record and in accordance with Section 17-27a-608.
593          (36) "Moderate income housing" means housing occupied or reserved for occupancy
594     by households with a gross household income equal to or less than 80% of the median gross
595     income for households of the same size in the county in which the housing is located.
596          (37) "Mountainous planning district" means an area:
597          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
598          (b) that is not otherwise exempt under Section 10-9a-304.
599          (38) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
600     and expenses incurred in:
601          (a) verifying that building plans are identical plans; and
602          (b) reviewing and approving those minor aspects of identical plans that differ from the
603     previously reviewed and approved building plans.
604          (39) "Noncomplying structure" means a structure that:
605          (a) legally existed before its current land use designation; and
606          (b) because of one or more subsequent land use ordinance changes, does not conform
607     to the setback, height restrictions, or other regulations, excluding those regulations that govern
608     the use of land.
609          (40) "Nonconforming use" means a use of land that:
610          (a) legally existed before its current land use designation;
611          (b) has been maintained continuously since the time the land use ordinance regulation
612     governing the land changed; and
613          (c) because of one or more subsequent land use ordinance changes, does not conform
614     to the regulations that now govern the use of the land.
615          (41) "Official map" means a map drawn by county authorities and recorded in the
616     county recorder's office that:

617          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
618     highways and other transportation facilities;
619          (b) provides a basis for restricting development in designated rights-of-way or between
620     designated setbacks to allow the government authorities time to purchase or otherwise reserve
621     the land; and
622          (c) has been adopted as an element of the county's general plan.
623          (42) "Parcel boundary adjustment" means:
624          (a) a recorded agreement between owners of adjoining [properties] parcels adjusting
625     [their] the parcels' mutual boundary, either by quitclaim deed or by a boundary line agreement
626     in accordance with Section 57-1-45, if:
627          [(a)] (i) no additional parcel is created; and
628          [(b)] (ii) each property identified in the agreement is [unsubdivided land, including a
629     remainder of subdivided land.] not subdivided land; or
630          (b) a single owner of separate parcels adjusting the owner's parcels' boundaries if no
631     additional parcel is created.
632          (43) "Person" means an individual, corporation, partnership, organization, association,
633     trust, governmental agency, or any other legal entity.
634          (44) "Plan for moderate income housing" means a written document adopted by a
635     county legislative body that includes:
636          (a) an estimate of the existing supply of moderate income housing located within the
637     county;
638          (b) an estimate of the need for moderate income housing in the county for the next five
639     years as revised biennially;
640          (c) a survey of total residential land use;
641          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
642     income housing; and
643          (e) a description of the county's program to encourage an adequate supply of moderate
644     income housing.
645          (45) "Planning advisory area" means a contiguous, geographically defined portion of
646     the unincorporated area of a county established under this part with planning and zoning
647     functions as exercised through the planning advisory area planning commission, as provided in

648     this chapter, but with no legal or political identity separate from the county and no taxing
649     authority.
650          (46) "Plat" means a map or other graphical representation of lands [being laid] that a
651     licensed professional land surveyor lays out and [prepared] prepares in accordance with Section
652     10-9a-603, 17-23-17, 17-27a-603, [17-23-17,] or 57-8-13.
653          (47) "Potential geologic hazard area" means an area that:
654          (a) is designated by a Utah Geological Survey map, county geologist map, or other
655     relevant map or report as needing further study to determine the area's potential for geologic
656     hazard; or
657          (b) has not been studied by the Utah Geological Survey or a county geologist but
658     presents the potential of geologic hazard because the area has characteristics similar to those of
659     a designated geologic hazard area.
660          (48) "Public agency" means:
661          (a) the federal government;
662          (b) the state;
663          (c) a county, municipality, school district, local district, special service district, or other
664     political subdivision of the state; or
665          (d) a charter school.
666          (49) "Public hearing" means a hearing at which members of the public are provided a
667     reasonable opportunity to comment on the subject of the hearing.
668          (50) "Public meeting" means a meeting that is required to be open to the public under
669     Title 52, Chapter 4, Open and Public Meetings Act.
670          (51) "Receiving zone" means an unincorporated area of a county that the county
671     designates, by ordinance, as an area in which an owner of land may receive a transferable
672     development right.
673          (52) "Record of survey map" means a map of a survey of land prepared in accordance
674     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
675          (53) "Residential facility for persons with a disability" means a residence:
676          (a) in which more than one person with a disability resides; and
677          (b) (i) which is licensed or certified by the Department of Human Services under Title
678     62A, Chapter 2, Licensure of Programs and Facilities; or

679          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
680     21, Health Care Facility Licensing and Inspection Act.
681          (54) "Rules of order and procedure" means a set of rules that govern and prescribe in a
682     public meeting:
683          (a) parliamentary order and procedure;
684          (b) ethical behavior; and
685          (c) civil discourse.
686          (55) "Sanitary sewer authority" means the department, agency, or public entity with
687     responsibility to review and approve the feasibility of sanitary sewer services or onsite
688     wastewater systems.
689          (56) "Sending zone" means an unincorporated area of a county that the county
690     designates, by ordinance, as an area from which an owner of land may transfer a transferable
691     development right.
692          (57) "Site plan" means a document or map that may be required by a county during a
693     preliminary review preceding the issuance of a building permit to demonstrate that an owner's
694     or developer's proposed development activity meets a land use requirement.
695          (58) "Specified public agency" means:
696          (a) the state;
697          (b) a school district; or
698          (c) a charter school.
699          (59) "Specified public utility" means an electrical corporation, gas corporation, or
700     telephone corporation, as those terms are defined in Section 54-2-1.
701          (60) "State" includes any department, division, or agency of the state.
702          (61) "Street" means a public right-of-way, including a highway, avenue, boulevard,
703     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
704     way.
705          (62) "Subdivided land" means the land, tract, or parcel described in a recorded plat.
706          [(62)] (63) (a) "Subdivision" means any land that is divided, resubdivided or proposed
707     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
708     purpose, whether immediate or future, for offer, sale, lease, or development either on the
709     installment plan or upon any and all other plans, terms, and conditions.

710          (b) "Subdivision" includes:
711          (i) the division or development of land whether by deed, metes and bounds description,
712     devise and testacy, map, plat, or other recorded instrument; and
713          (ii) except as provided in Subsection [(62)] (63)(c), divisions of land for residential and
714     nonresidential uses, including land used or to be used for commercial, agricultural, and
715     industrial purposes.
716          (c) "Subdivision" does not include:
717          (i) a bona fide division or partition of agricultural land for agricultural purposes;
718          (ii) [a recorded] an agreement between owners of adjoining properties adjusting [their]
719     the properties' mutual boundary either by quitclaim deed or by a boundary line agreement in
720     accordance with Section 57-1-45, if:
721          (A) no new lot is created; and
722          (B) the adjustment does not violate applicable land use ordinances;
723          (iii) a recorded document, executed by the owner of record[: (A)], revising the legal
724     description of more than one contiguous [unsubdivided] parcel of property that is not
725     subdivided land into one legal description encompassing all such parcels of property; [or]
726          [(B) joining a subdivided parcel of property to another parcel of property that has not
727     been subdivided, if the joinder does not violate applicable land use ordinances;]
728          (iv) a bona fide division or partition of land in a county other than a first class county
729     for the purpose of siting, on one or more of the resulting separate parcels:
730          (A) an electrical transmission line or a substation;
731          (B) a natural gas pipeline or a regulation station; or
732          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
733     utility service regeneration, transformation, retransmission, or amplification facility;
734          (v) a recorded agreement between owners of adjoining subdivided properties adjusting
735     [their] the properties' mutual boundary in accordance with Section 17-27a-603, if:
736          (A) no new dwelling lot or housing unit will result from the adjustment; and
737          (B) the adjustment will not violate any applicable land use ordinance;
738          (vi) a bona fide division or partition of land by deed or other instrument where the land
739     use authority expressly approves in writing the division in anticipation of further land use
740     approvals on the parcel or parcels; or

741          (vii) a parcel boundary adjustment.
742          [(d) The joining of a subdivided parcel of property to another parcel of property that
743     has not been subdivided does not constitute a subdivision under this Subsection (62) as to the
744     unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
745     ordinance.]
746          [(63)] (64) "Suspect soil" means soil that has:
747          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
748     3% swell potential;
749          (b) bedrock units with high shrink or swell susceptibility; or
750          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
751     commonly associated with dissolution and collapse features.
752          [(64)] (65) "Therapeutic school" means a residential group living facility:
753          (a) for four or more individuals who are not related to:
754          (i) the owner of the facility; or
755          (ii) the primary service provider of the facility;
756          (b) that serves students who have a history of failing to function:
757          (i) at home;
758          (ii) in a public school; or
759          (iii) in a nonresidential private school; and
760          (c) that offers:
761          (i) room and board; and
762          (ii) an academic education integrated with:
763          (A) specialized structure and supervision; or
764          (B) services or treatment related to a disability, an emotional development, a
765     behavioral development, a familial development, or a social development.
766          [(65)] (66) "Transferable development right" means a right to develop and use land that
767     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
768     land use rights from a designated sending zone to a designated receiving zone.
769          [(66)] (67) "Unincorporated" means the area outside of the incorporated area of a
770     municipality.
771          [(67)] (68) "Water interest" means any right to the beneficial use of water, including:

772          (a) each of the rights listed in Section 73-1-11; and
773          (b) an ownership interest in the right to the beneficial use of water represented by:
774          (i) a contract; or
775          (ii) a share in a water company, as defined in Section 73-3-3.5.
776          [(68)] (69) "Zoning map" means a map, adopted as part of a land use ordinance, that
777     depicts land use zones, overlays, or districts.
778          Section 3. Section 57-1-13 is amended to read:
779          57-1-13. Form of quitclaim deed -- Effect.
780          (1) A conveyance of land may also be substantially in the following form:
781     
"QUITCLAIM DEED

782          ____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims
783     to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____
784     dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe
785     the premises).
786          Witness the hand of said grantor this __________(month\day\year).
787          A quitclaim deed when executed as required by law shall have the effect of a
788     conveyance of all right, title, interest, and estate of the grantor in and to the premises therein
789     described and all rights, privileges, and appurtenances thereunto belonging, at the date of the
790     conveyance."
791          [(2) For a boundary line agreement operating as a quitclaim deed as described in
792     Section 57-1-45, the boundary line agreement shall include, in addition to a legal description of
793     the agreed upon boundary line:]
794          [(a) the signature of each grantor;]
795          [(b) a sufficient acknowledgment for each grantor's signature; and]
796          [(c) the address of each grantee for assessment purposes.]
797          (2) A boundary line agreement operating as a quitclaim deed shall meet the
798     requirements described in Section 57-1-45.
799          Section 4. Section 57-1-45 is amended to read:
800          57-1-45. Boundary line agreements.
801          (1) If properly executed and acknowledged as required under this chapter, and when
802     recorded in the office of the recorder of the county in which the property is located, an

803     agreement between adjoining property owners [designating] of land that is not subdivided that
804     designates the boundary line between [their properties, when recorded in the office of the
805     recorder of the county in which the property is located, shall act] the adjoining properties acts
806     as a quitclaim deed and [convey] conveys all of each party's right, title, interest, and estate in
807     property outside the agreed boundary line that had been the subject of the boundary dispute that
808     led to the boundary line agreement.
809          (2) A boundary line agreement described in Subsection (1) shall include:
810          (a) a legal description of the agreed upon boundary line that a licensed professional
811     land surveyor sealed;
812          (b) the name and signature of each grantor that is party to the agreement;
813          (c) a sufficient acknowledgment for each grantor's signature; [and]
814          (d) the address of each grantee for assessment purposes[.];
815          (e) a record of survey map, as defined in Sections 10-9a-103 and 17-27a-103;
816          (f) the date of the agreement; and
817          (g) language that:
818          (i) prohibits encroachments over the common property line created by the agreement;
819          (ii) states that the agreement runs with the land and is binding upon all parties,
820     including the parties' successors and assignees;
821          (iii) states that any easement on the property recorded before the date on which the
822     agreement is executed shall remain in effect as originally granted;
823          (iv) acknowledges that the agreement was prepared in accordance with this section;
824          (v) states that the parties to the agreement, for consideration, agree to the relocation of
825     the parties' common boundary line; and
826          (vi) is substantially similar in form to a quitclaim deed as described in Subsection
827     57-1-13(1).
828          (3) The record of survey map described in Subsection (2)(e) may serve as a boundary
829     line agreement and convey title if the map:
830          (a) is recorded with the county recorder of the county in which the property is located;
831          (b) is titled "Boundary Line Agreement Map"; and
832          (c) meets the requirements described in this section.







Legislative Review Note
Office of Legislative Research and General Counsel