This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 27, 2019 at 11:00 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding a county legislative body's ability to enact a
10 temporary land use regulation.
11 Highlighted Provisions:
12 This bill:
13 ▸ adds a certain water study Ŝ→ in a county of the fifth or sixth class ←Ŝ to the
13a circumstances that allow a county legislative body
14 to enact a temporary land use regulation that prohibits certain development;
15 ▸ allows the county legislative body Ŝ→ in a county of the fifth or sixth class ←Ŝ to
15a extend the temporary land use regulation on
16 the body's own motion; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 17-27a-504, as renumbered and amended by Laws of Utah 2005, Chapter 254
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 17-27a-504 is amended to read:
28 17-27a-504. Temporary land use regulations.
29 (1) (a) A county legislative body may, without prior consideration of or
30 recommendation from the planning commission, enact an ordinance establishing a temporary
31 land use regulation for any part or all of the area within the county if:
32 (i) the legislative body makes a finding of compelling, countervailing public interest;
33 or
34 (ii) the area is unregulated.
35 (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
36 the erection, construction, reconstruction, or alteration of any building or structure or any
37 subdivision approval.
38 (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
39 fee or other financial requirement on building or development.
40 (2) The legislative body shall establish a period of limited effect for the ordinance not
41 to exceed six months.
42 (3) (a) A legislative body may, without prior planning commission consideration or
43 recommendation, enact an ordinance establishing a temporary land use regulation prohibiting
44 construction, subdivision approval, and other development activities within an area that is the
45 subject of an Environmental Impact Statement [
46 area as a proposed highway or transportation corridor, or Ŝ→ , in a county of the fifth or sixth
46a class, ←Ŝ a study of water availability, capacity,
47 or quality that the Division of Water Ŝ→ [
48 (b) A regulation under Subsection (3)(a):
49 (i) may not exceed six months in duration;
50 (ii) may be renewed, if requested by the Transportation Commission created under
51 Section 72-1-301 or Ŝ→ , in a county of the fifth or sixth class, ←Ŝ by the legislative body on the
51a body's own motion, for up to two additional
52 six-month periods by ordinance enacted before the expiration of the previous regulation; and
53 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
54 [
55 giving rise to the regulation remains in existence.