1     
LAND USE DEVELOPMENT AND MANAGEMENT REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill revises provisions applicable to municipal and county land use development
10     and management.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines and modifies terms;
14          ▸     modifies requirements applicable to certain land use recommendations made by a
15     planning commission;
16          ▸     modifies provisions applicable to certain exemptions from local plat requirements;
17          ▸     modifies provisions applicable to a petition for a subdivision amendment;
18          ▸     clarifies the powers of certain public utilities;
19          ▸     limits the right to appeal the decision of a land use authority to certain persons; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          10-9a-103, as last amended by Laws of Utah 2019, Chapters 327, 384 and last amended

28     by Coordination Clause, Laws of Utah 2019, Chapter 384
29          10-9a-302, as last amended by Laws of Utah 2019, Chapter 384
30          10-9a-404, as last amended by Laws of Utah 2018, Chapter 218
31          10-9a-408, as last amended by Laws of Utah 2019, Chapter 327
32          10-9a-509, as last amended by Laws of Utah 2019, Chapter 384 and last amended by
33     Coordination Clause, Laws of Utah 2019, Chapter 384
34          10-9a-603, as last amended by Laws of Utah 2019, Chapters 35 and 384
35          10-9a-604, as last amended by Laws of Utah 2019, Chapter 35
36          10-9a-605, as last amended by Laws of Utah 2019, Chapter 384
37          10-9a-608, as last amended by Laws of Utah 2019, Chapter 384
38          10-9a-609.5, as last amended by Laws of Utah 2019, Chapter 384
39          10-9a-611, as last amended by Laws of Utah 2016, Chapter 303
40          10-9a-701, as last amended by Laws of Utah 2019, Chapter 384
41          10-9a-703, as last amended by Laws of Utah 2017, Chapter 17
42          10-9a-704, as last amended by Laws of Utah 2017, Chapter 17
43          10-9a-801, as last amended by Laws of Utah 2019, Chapter 384
44          10-9a-802, as last amended by Laws of Utah 2019, Chapter 384
45          17-27a-103, as last amended by Laws of Utah 2019, Chapters 327, 384 and last
46     amended by Coordination Clause, Laws of Utah 2019, Chapter 384
47          17-27a-302, as last amended by Laws of Utah 2019, Chapter 384
48          17-27a-404, as last amended by Laws of Utah 2018, Chapter 218
49          17-27a-408, as last amended by Laws of Utah 2019, Chapter 327
50          17-27a-603, as last amended by Laws of Utah 2019, Chapters 35 and 384
51          17-27a-604, as last amended by Laws of Utah 2019, Chapter 35
52          17-27a-605, as last amended by Laws of Utah 2019, Chapter 384
53          17-27a-608, as last amended by Laws of Utah 2019, Chapter 384
54          17-27a-609.5, as last amended by Laws of Utah 2019, Chapter 384
55          17-27a-611, as renumbered and amended by Laws of Utah 2005, Chapter 254
56          17-27a-701, as last amended by Laws of Utah 2011, Chapter 92
57          17-27a-703, as last amended by Laws of Utah 2009, Chapter 356
58          17-27a-704, as last amended by Laws of Utah 2006, Chapter 240

59          17-27a-801, as last amended by Laws of Utah 2019, Chapter 384
60          17-27a-802, as last amended by Laws of Utah 2019, Chapter 384
61          63I-2-217, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
62     and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
63          63J-4-607, as last amended by Laws of Utah 2019, Chapter 246
64     

65     Be it enacted by the Legislature of the state of Utah:
66          Section 1. Section 10-9a-103 is amended to read:
67          10-9a-103. Definitions.
68          As used in this chapter:
69          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
70     detached from a primary single-family dwelling and contained on one lot.
71          (2) "Adversely affected party" means a person other than a land use applicant who:
72          (a) owns real property adjoining the property that is the subject of a land use
73     application or land use decision; or
74          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
75     general community as a result of the land use decision; and
76          (i) participated by any means in a public hearing before the land use authority on the
77     particular land use application or land use decision; or
78          (ii) owns real property that is located within an area that received mailed notice of the
79     proposed land use application or land use decision as required by local ordinance.
80          [(2)] (3) "Affected entity" means a county, municipality, local district, special service
81     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
82     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
83     public utility, property owner, property owners association, or the Utah Department of
84     Transportation, if:
85          (a) the entity's services or facilities are likely to require expansion or significant
86     modification because of an intended use of land;
87          (b) the entity has filed with the municipality a copy of the entity's general or long-range
88     plan; or
89          (c) the entity has filed with the municipality a request for notice during the same

90     calendar year and before the municipality provides notice to an affected entity in compliance
91     with a requirement imposed under this chapter.
92          [(3)] (4) "Affected owner" means the owner of real property that is:
93          (a) a single project;
94          (b) the subject of a land use approval that sponsors of a referendum timely challenged
95     in accordance with Subsection 20A-7-601(5)(a); and
96          (c) determined to be legally referable under Section 20A-7-602.8.
97          [(4)] (5) "Appeal authority" means the person, board, commission, agency, or other
98     body designated by ordinance to decide an appeal of a decision of a land use application or a
99     variance.
100          [(5)] (6) "Billboard" means a freestanding ground sign located on industrial,
101     commercial, or residential property if the sign is designed or intended to direct attention to a
102     business, product, or service that is not sold, offered, or existing on the property where the sign
103     is located.
104          [(6)] (7) (a) "Charter school" means:
105          (i) an operating charter school;
106          (ii) a charter school applicant that has its application approved by a charter school
107     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
108          (iii) an entity that is working on behalf of a charter school or approved charter
109     applicant to develop or construct a charter school building.
110          (b) "Charter school" does not include a therapeutic school.
111          [(7)] (8) "Conditional use" means a land use that, because of its unique characteristics
112     or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
113     be compatible in some areas or may be compatible only if certain conditions are required that
114     mitigate or eliminate the detrimental impacts.
115          [(8)] (9) "Constitutional taking" means a governmental action that results in a taking of
116     private property so that compensation to the owner of the property is required by the:
117          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
118          (b) Utah Constitution Article I, Section 22.
119          [(9)] (10) "Culinary water authority" means the department, agency, or public entity
120     with responsibility to review and approve the feasibility of the culinary water system and

121     sources for the subject property.
122          [(10)] (11) "Development activity" means:
123          (a) any construction or expansion of a building, structure, or use that creates additional
124     demand and need for public facilities;
125          (b) any change in use of a building or structure that creates additional demand and need
126     for public facilities; or
127          (c) any change in the use of land that creates additional demand and need for public
128     facilities.
129          [(11)] (12) (a) "Disability" means a physical or mental impairment that substantially
130     limits one or more of a person's major life activities, including a person having a record of such
131     an impairment or being regarded as having such an impairment.
132          (b) "Disability" does not include current illegal use of, or addiction to, any federally
133     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
134     802.
135          [(12)] (13) "Educational facility":
136          (a) means:
137          (i) a school district's building at which pupils assemble to receive instruction in a
138     program for any combination of grades from preschool through grade 12, including
139     kindergarten and a program for children with disabilities;
140          (ii) a structure or facility:
141          (A) located on the same property as a building described in Subsection [(12)]
142     (13)(a)(i); and
143          (B) used in support of the use of that building; and
144          (iii) a building to provide office and related space to a school district's administrative
145     personnel; and
146          (b) does not include:
147          (i) land or a structure, including land or a structure for inventory storage, equipment
148     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
149          (A) not located on the same property as a building described in Subsection [(12)]
150     (13)(a)(i); and
151          (B) used in support of the purposes of a building described in Subsection [(12)]

152     (13)(a)(i); or
153          (ii) a therapeutic school.
154          (14) (a) "Electrical corporation" includes every corporation, cooperative association,
155     and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing
156     an electric plant as defined in Section 54-2-1, or in any way furnishing electric power for public
157     service to its consumers or members for domestic, commercial, or industrial use, within the
158     state.
159          (b) "Electrical corporation" does not include:
160          (i) an independent energy producer as defined in Section 54-2-1;
161          (ii) where electricity is generated on or distributed by the producer solely for the
162     producer's own use, or the use of the producer's tenants, or the use of members of an
163     association of unit owners formed under Title 57, Chapter 8, Condominium Ownership Act,
164     and not for sale to the public generally;
165          (iii) an eligible customer who provides electricity for the eligible customer's own use or
166     the use of the eligible customer's tenant or affiliate;
167          (iv) a nonutility energy supplier as defined in Section 54-2-1 who sells or provides
168     electricity to:
169          (A) an eligible customer who has transferred the eligible customer's service to the
170     nonutility energy supplier in accordance with Section 54-3-32; or
171          (B) the eligible customer's tenant or affiliate; or
172          (v) an entity that sells electric vehicle battery charging services, unless the entity
173     conducts another activity in the state that subjects the entity to the jurisdiction and regulation of
174     the commission as an electrical corporation.
175          (15) "Eligible customer" means the same as that term is defined in Section 54-2-1.
176          (16) "Eligible customer's tenant or affiliate" means the same as that term is defined in
177     Section 54-2-1.
178          [(13)] (17) "Fire authority" means the department, agency, or public entity with
179     responsibility to review and approve the feasibility of fire protection and suppression services
180     for the subject property.
181          [(14)] (18) "Flood plain" means land that:
182          (a) is within the 100-year flood plain designated by the Federal Emergency

183     Management Agency; or
184          (b) has not been studied or designated by the Federal Emergency Management Agency
185     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
186     the land has characteristics that are similar to those of a 100-year flood plain designated by the
187     Federal Emergency Management Agency.
188          (19) "Gas corporation" includes every corporation and person, their lessees, trustees,
189     and receivers, owning, controlling, operating, or managing a gas plant, as defined in Section
190     54-2-1, for public service within this state or for the selling or furnishing of natural gas to any
191     consumer or consumers within the state for domestic, commercial, or industrial use, except in
192     the situation that:
193          (a) gas is made or produced on, and distributed by the maker or producer through,
194     private property:
195          (i) solely for the maker's or producer's own use or the use of the maker's or producer's
196     tenants; and
197          (ii) not for sale to others;
198          (b) gas is compressed on private property solely for the owner's own use or the use of
199     the owner's employees as a motor vehicle fuel; or
200          (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely
201     for sale as a motor vehicle fuel.
202          [(15)] (20) "General plan" means a document that a municipality adopts that sets forth
203     general guidelines for proposed future development of the land within the municipality.
204          [(16)] (21) "Geologic hazard" means:
205          (a) a surface fault rupture;
206          (b) shallow groundwater;
207          (c) liquefaction;
208          (d) a landslide;
209          (e) a debris flow;
210          (f) unstable soil;
211          (g) a rock fall; or
212          (h) any other geologic condition that presents a risk:
213          (i) to life;

214          (ii) of substantial loss of real property; or
215          (iii) of substantial damage to real property.
216          [(17)] (22) "Historic preservation authority" means a person, board, commission, or
217     other body designated by a legislative body to:
218          (a) recommend land use regulations to preserve local historic districts or areas; and
219          (b) administer local historic preservation land use regulations within a local historic
220     district or area.
221          [(18)] (23) "Hookup fee" means a fee for the installation and inspection of any pipe,
222     line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
223     other utility system.
224          [(19)] (24) "Identical plans" means building plans submitted to a municipality that:
225          (a) are clearly marked as "identical plans";
226          (b) are substantially identical to building plans that were previously submitted to and
227     reviewed and approved by the municipality; and
228          (c) describe a building that:
229          (i) is located on land zoned the same as the land on which the building described in the
230     previously approved plans is located;
231          (ii) is subject to the same geological and meteorological conditions and the same law
232     as the building described in the previously approved plans;
233          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
234     and approved by the municipality; and
235          (iv) does not require any additional engineering or analysis.
236          [(20)] (25) "Impact fee" means a payment of money imposed under Title 11, Chapter
237     36a, Impact Fees Act.
238          [(21)] (26) "Improvement completion assurance" means a surety bond, letter of credit,
239     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
240     by a municipality to guaranty the proper completion of landscaping or an infrastructure
241     improvement required as a condition precedent to:
242          (a) recording a subdivision plat; or
243          (b) development of a commercial, industrial, mixed use, or multifamily project.
244          [(22)] (27) "Improvement warranty" means an applicant's unconditional warranty that

245     the applicant's installed and accepted landscaping or infrastructure improvement:
246          (a) complies with the municipality's written standards for design, materials, and
247     workmanship; and
248          (b) will not fail in any material respect, as a result of poor workmanship or materials,
249     within the improvement warranty period.
250          [(23)] (28) "Improvement warranty period" means a period:
251          (a) no later than one year after a municipality's acceptance of required landscaping; or
252          (b) no later than one year after a municipality's acceptance of required infrastructure,
253     unless the municipality:
254          (i) determines for good cause that a one-year period would be inadequate to protect the
255     public health, safety, and welfare; and
256          (ii) has substantial evidence, on record:
257          (A) of prior poor performance by the applicant; or
258          (B) that the area upon which the infrastructure will be constructed contains suspect soil
259     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
260          [(24)] (29) "Infrastructure improvement" means permanent infrastructure that is
261     essential for the public health and safety or that:
262          (a) is required for human occupation; and
263          (b) an applicant must install:
264          (i) in accordance with published installation and inspection specifications for public
265     improvements; and
266          (ii) whether the improvement is public or private, as a condition of:
267          (A) recording a subdivision plat;
268          (B) obtaining a building permit; or
269          (C) development of a commercial, industrial, mixed use, condominium, or multifamily
270     project.
271          [(25)] (30) "Internal lot restriction" means a platted note, platted demarcation, or
272     platted designation that:
273          (a) runs with the land; and
274          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
275     the plat; or

276          (ii) designates a development condition that is enclosed within the perimeter of a lot
277     described on the plat.
278          [(26)] (31) "Land use applicant" means a property owner, or the property owner's
279     designee, who submits a land use application regarding the property owner's land.
280          [(27)] (32) "Land use application":
281          (a) means an application that is:
282          (i) required by a municipality; and
283          (ii) submitted by a land use applicant to obtain a land use decision; and
284          (b) does not mean an application to enact, amend, or repeal a land use regulation.
285          [(28)] (33) "Land use authority" means:
286          (a) a person, board, commission, agency, or body, including the local legislative body,
287     designated by the local legislative body to act upon a land use application; or
288          (b) if the local legislative body has not designated a person, board, commission,
289     agency, or body, the local legislative body.
290          [(29)] (34) "Land use decision" means an administrative decision of a land use
291     authority or appeal authority regarding:
292          (a) a land use permit;
293          (b) a land use application; or
294          (c) the enforcement of a land use regulation, land use permit, or development
295     agreement.
296          [(30)] (35) "Land use permit" means a permit issued by a land use authority.
297          [(31)] (36) "Land use regulation":
298          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
299     specification, fee, or rule that governs the use or development of land;
300          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
301     and
302          (c) does not include:
303          (i) a land use decision of the legislative body acting as the land use authority, even if
304     the decision is expressed in a resolution or ordinance; or
305          (ii) a temporary revision to an engineering specification that does not materially:
306          (A) increase a land use applicant's cost of development compared to the existing

307     specification; or
308          (B) impact a land use applicant's use of land.
309          [(32)] (37) "Legislative body" means the municipal council.
310          [(33)] (38) "Local district" means an entity under Title 17B, Limited Purpose Local
311     Government Entities - Local Districts, and any other governmental or quasi-governmental
312     entity that is not a county, municipality, school district, or the state.
313          [(34)] (39) "Local historic district or area" means a geographically definable area that:
314          (a) contains any combination of buildings, structures, sites, objects, landscape features,
315     archeological sites, or works of art that contribute to the historic preservation goals of a
316     legislative body; and
317          (b) is subject to land use regulations to preserve the historic significance of the local
318     historic district or area.
319          [(35)] (40) "Lot" means a tract of land, regardless of any label, that is created by and
320     shown on a subdivision plat that has been recorded in the office of the county recorder.
321          [(36)] (41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
322     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
323     accordance with Section 10-9a-608, with the consent of the owners of record.
324          (b) "Lot line adjustment" does not mean a new boundary line that:
325          (i) creates an additional lot; or
326          (ii) constitutes a subdivision.
327          [(37)] (42) "Major transit investment corridor" means public transit service that uses or
328     occupies:
329          (a) public transit rail right-of-way;
330          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
331     or
332          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
333     municipality or county and:
334          (i) a public transit district as defined in Section 17B-2a-802; or
335          (ii) an eligible political subdivision as defined in Section 59-12-2219.
336          [(38)] (43) "Moderate income housing" means housing occupied or reserved for
337     occupancy by households with a gross household income equal to or less than 80% of the

338     median gross income for households of the same size in the county in which the city is located.
339          [(39)] (44) "Municipal utility easement" means an easement that:
340          (a) is created or depicted on a plat recorded in a county recorder's office and is
341     described as a [municipal] utility easement [or otherwise as a utility easement] dedicated for
342     public use;
343          (b) is not a protected utility easement or a public utility easement as defined in Section
344     54-3-27;
345          [(c) the municipality or the municipality's affiliated governmental entity owns or
346     creates; and]
347          [(d) (i) either:]
348          [(A) no person uses or occupies; or]
349          [(B) the municipality or the municipality's affiliated governmental entity uses and
350     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
351     water, or communications or data lines; or]
352          [(ii) a person uses or occupies with or without an authorized franchise or other
353     agreement with the municipality.]
354          (c) is used or occupied with the consent of the municipality in accordance with an
355     authorized franchise or other agreement; or
356          (d) (i) is used or occupied by a specified public utility; and
357          (ii) is located in a utility easement dedicated for public use.
358          [(40)] (45) "Nominal fee" means a fee that reasonably reimburses a municipality only
359     for time spent and expenses incurred in:
360          (a) verifying that building plans are identical plans; and
361          (b) reviewing and approving those minor aspects of identical plans that differ from the
362     previously reviewed and approved building plans.
363          [(41)] (46) "Noncomplying structure" means a structure that:
364          (a) legally existed before its current land use designation; and
365          (b) because of one or more subsequent land use ordinance changes, does not conform
366     to the setback, height restrictions, or other regulations, excluding those regulations, which
367     govern the use of land.
368          [(42)] (47) "Nonconforming use" means a use of land that:

369          (a) legally existed before its current land use designation;
370          (b) has been maintained continuously since the time the land use ordinance governing
371     the land changed; and
372          (c) because of one or more subsequent land use ordinance changes, does not conform
373     to the regulations that now govern the use of the land.
374          [(43)] (48) "Official map" means a map drawn by municipal authorities and recorded in
375     a county recorder's office that:
376          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
377     highways and other transportation facilities;
378          (b) provides a basis for restricting development in designated rights-of-way or between
379     designated setbacks to allow the government authorities time to purchase or otherwise reserve
380     the land; and
381          (c) has been adopted as an element of the municipality's general plan.
382          [(44)] (49) "Parcel" means any real property that is not a lot created by and shown on a
383     subdivision plat recorded in the office of the county recorder.
384          [(45)] (50) (a) "Parcel boundary adjustment" means a recorded agreement between
385     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
386     line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
387          (i) none of the property identified in the agreement is subdivided land; or
388          (ii) the adjustment is to the boundaries of a single person's parcels.
389          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
390     line that:
391          (i) creates an additional parcel; or
392          (ii) constitutes a subdivision.
393          [(46)] (51) "Person" means an individual, corporation, partnership, organization,
394     association, trust, governmental agency, or any other legal entity.
395          [(47)] (52) "Plan for moderate income housing" means a written document adopted by
396     a municipality's legislative body that includes:
397          (a) an estimate of the existing supply of moderate income housing located within the
398     municipality;
399          (b) an estimate of the need for moderate income housing in the municipality for the

400     next five years;
401          (c) a survey of total residential land use;
402          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
403     income housing; and
404          (e) a description of the municipality's program to encourage an adequate supply of
405     moderate income housing.
406          [(48)] (53) "Plat" means a map or other graphical representation of lands that a licensed
407     professional land surveyor makes and prepares in accordance with Section 10-9a-603 or
408     57-8-13.
409          [(49)] (54) "Potential geologic hazard area" means an area that:
410          (a) is designated by a Utah Geological Survey map, county geologist map, or other
411     relevant map or report as needing further study to determine the area's potential for geologic
412     hazard; or
413          (b) has not been studied by the Utah Geological Survey or a county geologist but
414     presents the potential of geologic hazard because the area has characteristics similar to those of
415     a designated geologic hazard area.
416          [(50)] (55) "Public agency" means:
417          (a) the federal government;
418          (b) the state;
419          (c) a county, municipality, school district, local district, special service district, or other
420     political subdivision of the state; or
421          (d) a charter school.
422          [(51)] (56) "Public hearing" means a hearing at which members of the public are
423     provided a reasonable opportunity to comment on the subject of the hearing.
424          [(52)] (57) "Public meeting" means a meeting that is required to be open to the public
425     under Title 52, Chapter 4, Open and Public Meetings Act.
426          [(53)] (58) "Public street" means a public right-of-way, including a public highway,
427     public avenue, public boulevard, public parkway, public road, public lane, [public trail or
428     walk,] public alley, public viaduct, public subway, public tunnel, public bridge, public byway,
429     other public transportation easement, or other public way.
430          [(54)] (59) "Receiving zone" means an area of a municipality that the municipality

431     designates, by ordinance, as an area in which an owner of land may receive a transferable
432     development right.
433          [(55)] (60) "Record of survey map" means a map of a survey of land prepared in
434     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
435          [(56)] (61) "Residential facility for persons with a disability" means a residence:
436          (a) in which more than one person with a disability resides; and
437          (b) (i) which is licensed or certified by the Department of Human Services under Title
438     62A, Chapter 2, Licensure of Programs and Facilities; or
439          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
440     21, Health Care Facility Licensing and Inspection Act.
441          [(57)] (62) "Rules of order and procedure" means a set of rules that govern and
442     prescribe in a public meeting:
443          (a) parliamentary order and procedure;
444          (b) ethical behavior; and
445          (c) civil discourse.
446          [(58)] (63) "Sanitary sewer authority" means the department, agency, or public entity
447     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
448     wastewater systems.
449          [(59)] (64) "Sending zone" means an area of a municipality that the municipality
450     designates, by ordinance, as an area from which an owner of land may transfer a transferable
451     development right.
452          [(60)] (65) "Specified public agency" means:
453          (a) the state;
454          (b) a school district; or
455          (c) a charter school.
456          [(61)] (66) "Specified public utility" means an electrical corporation, gas corporation,
457     or telephone corporation[, as those terms are defined in Section 54-2-1].
458          [(62)] (67) "State" includes any department, division, or agency of the state.
459          [(63)] (68) "Subdivided land" means the land, tract, or lot described in a recorded
460     subdivision plat.
461          [(64)] (69) (a) "Subdivision" means any land that is divided, resubdivided, or proposed

462     to be divided into two or more lots or other division of land for the purpose, whether
463     immediate or future, for offer, sale, lease, or development either on the installment plan or
464     upon any and all other plans, terms, and conditions.
465          (b) "Subdivision" includes:
466          (i) the division or development of land whether by deed, metes and bounds description,
467     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
468     includes all or a portion of a parcel or lot; and
469          (ii) except as provided in Subsection [(64)] (69)(c), divisions of land for residential and
470     nonresidential uses, including land used or to be used for commercial, agricultural, and
471     industrial purposes.
472          (c) "Subdivision" does not include:
473          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
474     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
475     neither the resulting combined parcel nor the parcel remaining from the division or partition
476     violates an applicable land use ordinance;
477          (ii) an agreement recorded with the county recorder's office between owners of
478     adjoining unsubdivided properties adjusting the mutual boundary by a boundary line agreement
479     in accordance with Section 57-1-45 if:
480          (A) no new lot is created; and
481          (B) the adjustment does not violate applicable land use ordinances;
482          (iii) a recorded document, executed by the owner of record:
483          (A) revising the legal description of more than one contiguous parcel of property that is
484     not subdivided land into one legal description encompassing all such parcels of property; or
485          (B) joining a subdivided parcel of property to another parcel of property that has not
486     been subdivided, if the joinder does not violate applicable land use ordinances;
487          (iv) an agreement between owners of adjoining subdivided properties adjusting the
488     mutual lot line boundary in accordance with Section 10-9a-603 if:
489          (A) no new dwelling lot or housing unit will result from the adjustment; and
490          (B) the adjustment will not violate any applicable land use ordinance;
491          (v) a bona fide division or partition of land by deed or other instrument where the land
492     use authority expressly approves in writing the division in anticipation of further land use

493     approvals on the parcel or parcels;
494          (vi) a parcel boundary adjustment;
495          (vii) a lot line adjustment;
496          (viii) a road, street, or highway dedication plat; [or]
497          (ix) a deed or easement for a road, street, or highway purpose[.]; or
498          (x) a bona fide division or partition of land by a metes and bounds description where
499     the deed expressly states that:
500          (A) the division or partition of land is in anticipation of future development; and
501          (B) the newly created parcel must be subdivided or receive written approval from the
502     land use authority before a structure may be built on the parcel.
503          (d) The joining of a subdivided parcel of property to another parcel of property that has
504     not been subdivided does not constitute a subdivision under this Subsection [(57)] (69) as to
505     the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
506     subdivision ordinance.
507          (70) "Subdivision amendment" means an amendment to a recorded subdivision in
508     accordance with Section 10-9a-608 that:
509          (a) vacates all or a portion of the subdivision;
510          (b) alters the outside boundary of the subdivision;
511          (c) increases the number of lots within the subdivision;
512          (d) alters a public right-of-way, a public easement, public infrastructure, or other public
513     dedication within the subdivision; or
514          (e) alters a common area or other common amenity within the subdivision.
515          [(65)] (71) "Suspect soil" means soil that has:
516          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
517     3% swell potential;
518          (b) bedrock units with high shrink or swell susceptibility; or
519          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
520     commonly associated with dissolution and collapse features.
521          (72) (a) "Telephone corporation" means any corporation or person, and their lessees,
522     trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or
523     resells a public telecommunications service as defined in Section 54-8b-2.

524          (b) "Telephone corporation" does not include a corporation, partnership, or firm
525     providing:
526          (i) intrastate telephone service offered by a provider of cellular, personal
527     communication systems, or other commercial mobile radio service as defined in 47 U.S.C. Sec.
528     332 that has been issued a covering license by the Federal Communications Commission;
529          (ii) internet service; or
530          (iii) resold intrastate toll service.
531          [(66)] (73) "Therapeutic school" means a residential group living facility:
532          (a) for four or more individuals who are not related to:
533          (i) the owner of the facility; or
534          (ii) the primary service provider of the facility;
535          (b) that serves students who have a history of failing to function:
536          (i) at home;
537          (ii) in a public school; or
538          (iii) in a nonresidential private school; and
539          (c) that offers:
540          (i) room and board; and
541          (ii) an academic education integrated with:
542          (A) specialized structure and supervision; or
543          (B) services or treatment related to a disability, an emotional development, a
544     behavioral development, a familial development, or a social development.
545          [(67)] (74) "Transferable development right" means a right to develop and use land that
546     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
547     land use rights from a designated sending zone to a designated receiving zone.
548          [(68)] (75) "Unincorporated" means the area outside of the incorporated area of a city
549     or town.
550          [(69)] (76) "Water interest" means any right to the beneficial use of water, including:
551          (a) each of the rights listed in Section 73-1-11; and
552          (b) an ownership interest in the right to the beneficial use of water represented by:
553          (i) a contract; or
554          (ii) a share in a water company, as defined in Section 73-3-3.5.

555          [(70)] (77) "Zoning map" means a map, adopted as part of a land use ordinance, that
556     depicts land use zones, overlays, or districts.
557          Section 2. Section 10-9a-302 is amended to read:
558          10-9a-302. Planning commission powers and duties.
559          (1) The planning commission shall review and make a recommendation to the
560     legislative body for:
561          (a) a general plan and amendments to the general plan;
562          (b) land use regulations[;], including:
563          (i) ordinances regarding the subdivision of land within the municipality; and
564          (ii) amendments to existing land use regulations;
565          (c) an appropriate delegation of power to at least one designated land use authority to
566     hear and act on a land use application;
567          (d) an appropriate delegation of power to at least one appeal authority to hear and act
568     on an appeal from a decision of the land use authority; and
569          (e) application processes that:
570          (i) may include a designation of routine land use matters that, upon application and
571     proper notice, will receive informal streamlined review and action if the application is
572     uncontested; and
573          (ii) shall protect the right of each:
574          (A) land use applicant and [third party] adversely affected party to require formal
575     consideration of any application by a land use authority;
576          (B) land use applicant[,] or adversely affected party[, or municipal officer or employee]
577     to appeal a land use authority's decision to a separate appeal authority; and
578          (C) participant to be heard in each public hearing on a contested application.
579          (2) Before making a recommendation to a legislative body on an item described in
580     Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
581     with Section 10-9a-404.
582          (3) A legislative body may adopt, modify, or reject a planning commission's
583     recommendation to the legislative body under this section.
584          (4) A legislative body may consider a planning commission's failure to make a timely
585     recommendation as a negative recommendation.

586          [(2)] (5) Nothing in this section limits the right of a municipality to initiate or propose
587     the actions described in this section.
588          Section 3. Section 10-9a-404 is amended to read:
589          10-9a-404. Public hearing by planning commission on proposed general plan or
590     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
591     by legislative body.
592          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
593     amend the general plan, the planning commission shall schedule and hold a public hearing on
594     the proposed plan or amendment.
595          (b) The planning commission shall provide notice of the public hearing, as required by
596     Section 10-9a-204.
597          (c) After the public hearing, the planning commission may modify the proposed
598     general plan or amendment.
599          (2) The planning commission shall forward the proposed general plan or amendment to
600     the legislative body.
601          (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
602     general plan or amendment that it considers appropriate.
603          [(4) (a) The municipal legislative body may adopt or reject the proposed general plan
604     or amendment either as proposed by the planning commission or after making any revision that
605     the municipal legislative body considers appropriate.]
606          (b) If the municipal legislative body rejects the proposed general plan or amendment, it
607     may provide suggestions to the planning commission for [its consideration] the planning
608     commission's review and recommendation.
609          [(5)] (4) The legislative body shall adopt:
610          (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
611          (b) a transportation and traffic circulation element as provided in Subsection
612     10-9a-403(2)(a)(ii); and
613          (c) for a municipality, other than a town, after considering the factors included in
614     Subsection 10-9a-403(2)(b)(ii), a plan to provide a realistic opportunity to meet the need for
615     additional moderate income housing within the next five years.
616          Section 4. Section 10-9a-408 is amended to read:

617          10-9a-408. Reporting requirements and civil action regarding moderate income
618     housing element of general plan.
619          (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
620     shall annually:
621          (a) review the moderate income housing plan element of the municipality's general
622     plan and implementation of that element of the general plan;
623          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
624          (c) post the report described in Subsection (1)(b) on the municipality's website.
625          (2) The report described in Subsection (1) shall include:
626          (a) a revised estimate of the need for moderate income housing in the municipality for
627     the next five years;
628          (b) a description of progress made within the municipality to provide moderate income
629     housing, demonstrated by analyzing and publishing data on the number of housing units in the
630     municipality that are at or below:
631          (i) 80% of the adjusted median family income;
632          (ii) 50% of the adjusted median family income; and
633          (iii) 30% of the adjusted median family income;
634          (c) a description of any efforts made by the municipality to utilize a moderate income
635     housing set-aside from a community reinvestment agency, redevelopment agency, or
636     community development and renewal agency; and
637          (d) a description of how the municipality has implemented any of the recommendations
638     related to moderate income housing described in Subsection 10-9a-403(2)(b)(iii).
639          (3) The legislative body of each municipality described in Subsection (1) shall send a
640     copy of the report under Subsection (1) to the Department of Workforce Services, the
641     association of governments in which the municipality is located, and, if located within the
642     boundaries of a metropolitan planning organization, the appropriate metropolitan planning
643     organization.
644          (4) In a civil action seeking enforcement or claiming a violation of this section or of
645     Subsection 10-9a-404[(5)](4)(c), a plaintiff may not recover damages but may be awarded only
646     injunctive or other equitable relief.
647          Section 5. Section 10-9a-509 is amended to read:

648          10-9a-509. Applicant's entitlement to land use application approval --
649     Municipality's requirements and limitations -- Vesting upon submission of development
650     plan and schedule.
651          (1) (a) (i) An applicant who has submitted a complete land use application as described
652     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
653     review of the application under the land use regulations:
654          (A) in effect on the date that the application is complete; and
655          (B) applicable to the application or to the information shown on the application.
656          (ii) An applicant is entitled to approval of a land use application if the application
657     conforms to the requirements of the applicable land use regulations, land use decisions, and
658     development standards in effect when the applicant submits a complete application and pays
659     application fees, unless:
660          (A) the land use authority, on the record, formally finds that a compelling,
661     countervailing public interest would be jeopardized by approving the application and specifies
662     the compelling, countervailing public interest in writing; or
663          (B) in the manner provided by local ordinance and before the applicant submits the
664     application, the municipality formally initiates proceedings to amend the municipality's land
665     use regulations in a manner that would prohibit approval of the application as submitted.
666          (b) The municipality shall process an application without regard to proceedings the
667     municipality initiated to amend the municipality's ordinances as described in Subsection
668     (1)(a)(ii)(B) if:
669          (i) 180 days have passed since the municipality initiated the proceedings; and
670          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
671     application as submitted.
672          (c) A land use application is considered submitted and complete when the applicant
673     provides the application in a form that complies with the requirements of applicable ordinances
674     and pays all applicable fees.
675          (d) A subsequent incorporation of a municipality or a petition that proposes the
676     incorporation of a municipality does not affect a land use application approved by a county in
677     accordance with Section 17-27a-508.
678          [(d)] (e) The continuing validity of an approval of a land use application is conditioned

679     upon the applicant proceeding after approval to implement the approval with reasonable
680     diligence.
681          [(e)] (f) A municipality may not impose on an applicant who has submitted a complete
682     application a requirement that is not expressed in:
683          (i) this chapter;
684          (ii) a municipal ordinance; or
685          (iii) a municipal specification for public improvements applicable to a subdivision or
686     development that is in effect on the date that the applicant submits an application.
687          [(f)] (g) A municipality may not impose on a holder of an issued land use permit or a
688     final, unexpired subdivision plat a requirement that is not expressed:
689          (i) in a land use permit;
690          (ii) on the subdivision plat;
691          (iii) in a document on which the land use permit or subdivision plat is based;
692          (iv) in the written record evidencing approval of the land use permit or subdivision
693     plat;
694          (v) in this chapter; or
695          (vi) in a municipal ordinance.
696          [(g)] (h) Except as provided in Subsection (1)[(h)](i), a municipality may not withhold
697     issuance of a certificate of occupancy or acceptance of subdivision improvements because of an
698     applicant's failure to comply with a requirement that is not expressed:
699          (i) in the building permit or subdivision plat, documents on which the building permit
700     or subdivision plat is based, or the written record evidencing approval of the land use permit or
701     subdivision plat; or
702          (ii) in this chapter or the municipality's ordinances.
703          [(h)] (i) A municipality may not unreasonably withhold issuance of a certificate of
704     occupancy where an applicant has met all requirements essential for the public health, public
705     safety, and general welfare of the occupants, in accordance with this chapter, unless:
706          (i) the applicant and the municipality have agreed in a written document to the
707     withholding of a certificate of occupancy; or
708          (ii) the applicant has not provided a financial assurance for required and uncompleted
709     landscaping or infrastructure improvements in accordance with an applicable ordinance that the

710     legislative body adopts under this chapter.
711          (2) A municipality is bound by the terms and standards of applicable land use
712     regulations and shall comply with mandatory provisions of those regulations.
713          (3) A municipality may not, as a condition of land use application approval, require a
714     person filing a land use application to obtain documentation regarding a school district's
715     willingness, capacity, or ability to serve the development proposed in the land use application.
716          (4) Upon a specified public agency's submission of a development plan and schedule as
717     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
718     specified public agency vests in the municipality's applicable land use maps, zoning map,
719     hookup fees, impact fees, other applicable development fees, and land use regulations in effect
720     on the date of submission.
721          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
722     Subsection 20A-7-601(5)(a), the project's affected owner may rescind the project's land use
723     approval by delivering a written notice:
724          (i) to the local clerk as defined in Section 20A-7-101; and
725          (ii) no later than seven days after the day on which a petition for a referendum is
726     determined sufficient under Section 20A-7-607(5).
727          (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
728     rescinded and are of no further force or effect:
729          (i) the relevant land use approval; and
730          (ii) any land use regulation enacted specifically in relation to the land use approval.
731          Section 6. Section 10-9a-603 is amended to read:
732          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
733     acknowledgment, surveyor certification, and underground utility facility owner
734     verification of plat -- Recording plat.
735          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
736     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
737     the land shall provide an accurate plat that describes or specifies:
738          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
739     the county recorder's office;
740          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by

741     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
742     intended to be used as a street or for any other public use, and whether any such area is
743     reserved or proposed for dedication for a public purpose;
744          (c) the lot or unit reference, block or building reference, street or site address, street
745     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
746     and width of the blocks and lots intended for sale; and
747          (d) every existing right-of-way and easement grant of record for an underground
748     facility, as defined in Section 54-8a-2, and for any other utility facility.
749          (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the municipality's
750     ordinances and this part and has been approved by the culinary water authority, the sanitary
751     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
752     health department and the municipality consider the local health department's approval
753     necessary, the municipality shall approve the plat.
754          (b) Municipalities are encouraged to receive a recommendation from the fire authority
755     and the public safety answering point before approving a plat.
756          (c) A municipality may not require that a plat be approved or signed by a person or
757     entity who:
758          (i) is not an employee or agent of the municipality; or
759          (ii) does not:
760          (A) have a legal or equitable interest in the property within the proposed subdivision;
761          (B) provide a utility or other service directly to a lot within the subdivision;
762          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
763     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
764     relation to the plat; or
765          (D) provide culinary public water service whose source protection zone designated as
766     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
767          (d) For a subdivision application that includes land located within a notification zone,
768     as determined under Subsection (2)(f), the land use authority shall:
769          (i) within 20 days after the day on which a complete subdivision application is filed,
770     provide written notice of the application to the canal owner or associated canal operator contact
771     described in:

772          (A) Section 10-9a-211;
773          (B) Subsection 73-5-7(2); or
774          (C) Subsection (5)(c); and
775          (ii) wait to approve or reject the subdivision application for at least 20 days after the
776     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
777     to receive input from the canal owner or associated canal operator, including input regarding:
778          (A) access to the canal;
779          (B) maintenance of the canal;
780          (C) canal protection; and
781          (D) canal safety.
782          (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
783          (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
784     canal owner or associated canal operator if:
785          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
786          (ii) the centerline alignment is available to the land use authority:
787          (A) from information provided by the canal company under Section 10-9a-211, using
788     mapping-grade global positioning satellite units or digitized data from the most recent aerial
789     photo available to the canal owner or associated canal operator;
790          (B) using the state engineer's inventory of canals under Section 73-5-7; or
791          (C) from information provided by a surveyor under Subsection (5)(c).
792          (3) The municipality may withhold an otherwise valid plat approval until the owner of
793     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
794     penalties owing on the land have been paid.
795          (4) (a) Within 30 days after approving a final plat under this section, a municipality
796     shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
797     inclusion in the unified statewide 911 emergency service database described in Subsection
798     63H-7a-304(4)(b):
799          (i) an electronic copy of the approved final plat; or
800          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
801     for construction within the bounds of the approved plat.
802          (b) If requested by the Automated Geographic Reference Center, a municipality that

803     approves a final plat under this section shall:
804          (i) coordinate with the Automated Geographic Reference Center to validate the
805     information described in Subsection (4)(a); and
806          (ii) assist the Automated Geographic Reference Center in creating electronic files that
807     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
808     911 emergency service database.
809          (5) (a) A county recorder may not record a plat unless:
810          (i) prior to recordation, the municipality has approved and signed the plat;
811          (ii) each owner of record of land described on the plat has signed the owner's
812     dedication as shown on the plat; and
813          (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
814     provided by law.
815          (b) The surveyor making the plat shall certify that the surveyor:
816          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
817     Professional Land Surveyors Licensing Act;
818          (ii) has completed a survey of the property described on the plat in accordance with
819     Section 17-23-17 and has verified all measurements; and
820          (iii) has placed monuments as represented on the plat.
821          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
822     an existing or proposed underground facility or utility facility within the proposed subdivision,
823     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
824     depiction of the:
825          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
826     public or private easement, or grants of record;
827          (B) location of an existing underground facility and utility facility; and
828          (C) physical restrictions governing the location of the underground facility and utility
829     facility within the subdivision.
830          (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
831          (A) indicates only that the plat approximates the location of the existing underground
832     and utility facilities but does not warrant or verify their precise location; and
833          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,

834     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
835     applicable to prescriptive rights, or any other provision of law.
836          (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
837     certified, and approved, the individual seeking to record the plat shall, within the time period
838     and manner designated by ordinance, record the plat in the county recorder's office in the
839     county in which the lands platted and laid out are situated.
840          (b) A failure to record a plat within the time period designated by ordinance renders the
841     plat voidable by the land use authority.
842          Section 7. Section 10-9a-604 is amended to read:
843          10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
844          (1) A person may not submit a subdivision plat to the county recorder's office for
845     recording unless:
846          (a) the person has complied with the requirements of Subsection 10-9a-603(5)(a);
847          (b) the plat has been approved by:
848          (i) the land use authority of the municipality in which the land described in the plat is
849     located; and
850          (ii) other officers that the municipality designates in its ordinance;
851          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
852     designated officers; and
853          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
854     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
855     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
856     common areas, as that term is defined in Section 57-8a-102.
857          (2) A subdivision plat recorded without the signatures required under this section is
858     void.
859          (3) A transfer of land pursuant to a void plat is voidable by the land use authority.
860          Section 8. Section 10-9a-605 is amended to read:
861          10-9a-605. Exemptions from plat requirement.
862          [(1) Notwithstanding Sections 10-9a-603 and 10-9a-604, a municipality may establish
863     a process to approve an administrative land use decision for a subdivision of 10 lots or less
864     without a plat, by certifying in writing that:]

865          (1) Notwithstanding any other provision of law, a plat is not required if:
866          (a) a municipality establishes a process to approve an administrative land use decision
867     for a subdivision of 10 or fewer lots without a plat; and
868          (b) the municipality provides in writing that:
869          [(a)] (i) the municipality has provided notice as required by ordinance; and
870          [(b)] (ii) the proposed subdivision:
871          [(i)] (A) is not traversed by the mapped lines of a proposed street as shown in the
872     general plan unless the municipality has approved the location and dedication of any public
873     street, municipal utility easement, any other easement, or any other land for public purposes as
874     the municipality's ordinance requires;
875          [(ii)] (B) has been approved by the culinary water authority and the sanitary sewer
876     authority;
877          [(iii)] (C) is located in a zoned area; and
878          [(iv)] (D) conforms to all applicable land use ordinances or has properly received a
879     variance from the requirements of an otherwise conflicting and applicable land use ordinance.
880          (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
881     land is exempt from the plat requirements of Section 10-9a-603 if the lot or parcel:
882          (i) qualifies as land in agricultural use under Section 59-2-502;
883          (ii) meets the minimum size requirement of applicable land use ordinances; and
884          (iii) is not used and will not be used for any nonagricultural purpose.
885          (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
886     graphically illustrated on a record of survey map that, after receiving the same approvals as are
887     required for a plat under Section 10-9a-604, shall be recorded with the county recorder.
888          (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
889     purpose, the municipality may require the lot or parcel to comply with the requirements of
890     Section 10-9a-603.
891          (3) (a) Documents recorded in the county recorder's office that divide property by a
892     metes and bounds description do not create an approved subdivision allowed by this part unless
893     the land use authority's certificate of written approval required by Subsection (1) is attached to
894     the document.
895          (b) The absence of the certificate or written approval required by Subsection (1) does

896     not:
897          (i) prohibit the county recorder from recording a document; or
898          (ii) affect the validity of a recorded document.
899          (c) A document which does not meet the requirements of Subsection (1) may be
900     corrected by the recording of an affidavit to which the required certificate or written approval is
901     attached and that complies with Section 57-3-106.
902          Section 9. Section 10-9a-608 is amended to read:
903          10-9a-608. Subdivision amendments.
904          (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
905     subdivision that has been laid out and platted as provided in this part may file a written petition
906     with the land use authority [to have some or all of the plat vacated or amended] to request a
907     subdivision amendment.
908          (b) Upon filing a written petition to request a subdivision amendment under Subsection
909     (1)(a), the owner shall prepare and record a plat in accordance with Section 10-9a-603 that:
910          (i) depicts only the portion of the subdivision that has been amended;
911          (ii) includes a plat name distinguishing the amended plat from the original plat;
912          (iii) describes the differences between the amended plat and the original plat; and
913          (iv) includes references to the original plat.
914          [(b)] (c) If a petition is filed under Subsection (1)(a), the land use authority shall
915     provide notice of the petition by mail, email, or other effective means to each affected entity
916     that provides a service to an owner of record of the portion of the plat that is being vacated or
917     amended at least 10 calendar days before the land use authority may approve the [vacation or
918     amendment of the plat] petition for a subdivision amendment.
919          [(c)] (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
920     public hearing within 45 days after the day on which the petition is filed if:
921          (i) any owner within the plat notifies the municipality of the owner's objection in
922     writing within 10 days of mailed notification; or
923          (ii) a public hearing is required because all of the owners in the subdivision have not
924     signed the revised plat.
925          (2) Unless a local ordinance provides otherwise, the public hearing requirement of
926     Subsection (1)[(c)](d) does not apply and a land use authority may consider at a public meeting

927     an owner's petition [to vacate or amend a subdivision plat if] for a subdivision amendment if:
928          (a) the petition seeks to:
929          (i) join two or more of the petitioner fee owner's contiguous lots;
930          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
931     result in a violation of a land use ordinance or a development condition;
932          (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
933     adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located
934     in the same subdivision;
935          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
936     imposed by the local political subdivision; or
937          (v) alter the plat in a manner that does not change existing boundaries or other
938     attributes of lots within the subdivision that are not:
939          (A) owned by the petitioner; or
940          (B) designated as a common area; and
941          (b) notice has been given to adjacent property owners in accordance with any
942     applicable local ordinance.
943          (3) [Each request to vacate or amend a plat] A petition under Subsection (1)(a) that
944     contains a request to [vacate or] amend a public street or municipal utility easement is also
945     subject to Section 10-9a-609.5.
946          (4) [Each] A petition [to vacate or] under Subsection (1)(a) that contains a request to
947     amend an entire plat or a portion of a plat shall include:
948          (a) the name and address of each owner of record of the land contained in the entire
949     plat or on that portion of the plat described in the petition; and
950          (b) the signature of each owner described in Subsection (4)(a) who consents to the
951     petition.
952          (5) (a) The owners of record of adjacent parcels that are described by either a metes
953     and bounds description or by a recorded plat may exchange title to portions of those parcels if
954     the exchange of title is approved by the land use authority in accordance with Subsection
955     (5)(b).
956          (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
957     the exchange of title will not result in a violation of any land use ordinance.

958          (c) If an exchange of title is approved under Subsection (5)(b):
959          (i) a notice of approval shall be recorded in the office of the county recorder which:
960          (A) is executed by each owner included in the exchange and by the land use authority;
961          (B) contains an acknowledgment for each party executing the notice in accordance with
962     the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
963          (C) recites the descriptions of both the original parcels and the parcels created by the
964     exchange of title; and
965          (ii) a document of conveyance shall be recorded in the office of the county recorder.
966          (d) A notice of approval recorded under this Subsection (5) does not act as a
967     conveyance of title to real property and is not required in order to record a document conveying
968     title to real property.
969          (6) (a) The name of a recorded subdivision may be changed by recording an amended
970     plat making that change, as provided in this section and subject to Subsection (6)(c).
971          (b) The surveyor preparing the amended plat shall certify that the surveyor:
972          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
973     Professional Land Surveyors Licensing Act;
974          (ii) has completed a survey of the property described on the plat in accordance with
975     Section 17-23-17 and has verified all measurements; and
976          (iii) has placed monuments as represented on the plat.
977          (c) An owner of land may not submit for recording an amended plat that gives the
978     subdivision described in the amended plat the same name as a subdivision in a plat already
979     recorded in the county recorder's office.
980          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
981     document that purports to change the name of a recorded plat is void.
982          Section 10. Section 10-9a-609.5 is amended to read:
983          10-9a-609.5. Petition to vacate a public street.
984          (1) In lieu of vacating some or all of a public street through a plat or amended plat in
985     accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a
986     petition to vacate a public street in accordance with this section.
987          (2) A petition to vacate some or all of a public street or municipal utility easement shall
988     include:

989          (a) the name and address of each owner of record of land that is:
990          (i) adjacent to the public street or municipal utility easement between the two nearest
991     public street intersections; or
992          (ii) accessed exclusively by or within 300 feet of the public street or municipal utility
993     easement;
994          (b) proof of written notice to operators of utilities located within the bounds of the
995     public street or municipal utility easement sought to be vacated; and
996          (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
997          (3) If a petition is submitted containing a request to vacate some or all of a public street
998     or municipal utility easement, the legislative body shall hold a public hearing in accordance
999     with Section 10-9a-208 and determine whether:
1000          (a) good cause exists for the vacation; and
1001          (b) the public interest or any person will be materially injured by the proposed
1002     vacation.
1003          (4) The legislative body may adopt an ordinance granting a petition to vacate some or
1004     all of a public street or municipal utility easement if the legislative body finds that:
1005          (a) good cause exists for the vacation; and
1006          (b) neither the public interest nor any person will be materially injured by the vacation.
1007          (5) If the legislative body adopts an ordinance vacating some or all of a public street or
1008     municipal utility easement, the legislative body shall ensure that one or both of the following is
1009     recorded in the office of the recorder of the county in which the land is located:
1010          (a) a plat reflecting the vacation; or
1011          (b) (i) an ordinance described in Subsection (4); and
1012          (ii) a legal description of the public street to be vacated.
1013          (6) The action of the legislative body vacating some or all of a public street or
1014     municipal utility easement that has been dedicated to public use:
1015          (a) operates to the extent to which it is vacated, upon the effective date of the recorded
1016     plat or ordinance, as a revocation of the acceptance of and the relinquishment of the
1017     municipality's fee in the vacated public street or municipal utility easement; and
1018          (b) may not be construed to impair:
1019          (i) any right-of-way or easement of any parcel or lot owner; or

1020          (ii) the rights of any public utility.
1021          (7) (a) A municipality may submit a petition, in accordance with Subsection (2), and
1022     initiate and complete a process to vacate some or all of a public street.
1023          (b) If a municipality submits a petition and initiates a process under Subsection (7)(a):
1024          (i) the legislative body shall hold a public hearing;
1025          (ii) the petition and process may not apply to or affect a public utility easement, except
1026     to the extent:
1027          (A) the easement is not a protected utility easement as defined in Section 54-3-27;
1028          (B) the easement is included within the public street; and
1029          (C) the notice to vacate the public street also contains a notice to vacate the easement;
1030     and
1031          (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
1032     a public street through a recorded plat or amended plat.
1033          (8) A specified public utility that holds an easement that is located within a municipal
1034     utility easement may exercise each power of a public utility under Section 54-3-27.
1035          Section 11. Section 10-9a-611 is amended to read:
1036          10-9a-611. Prohibited acts.
1037          (1) (a) (i) [An] If a subdivision requires a plat, an owner of any land located in a
1038     subdivision who transfers or sells any land in that subdivision before a plat of the subdivision
1039     has been approved and recorded violates this part for each lot or parcel transferred or sold.
1040          (ii) A violation of Subsection (1)(a)(i) is an infraction.
1041          (b) The description by metes and bounds in an instrument of transfer or other
1042     documents used in the process of selling or transferring does not exempt the transaction from
1043     being a violation of Subsection (1)(a) or from the penalties or remedies provided in this
1044     chapter.
1045          (c) Notwithstanding any other provision of this Subsection (1), the recording of an
1046     instrument of transfer or other document used in the process of selling or transferring real
1047     property that violates this part:
1048          (i) does not affect the validity of the instrument or other document; and
1049          (ii) does not affect whether the property that is the subject of the instrument or other
1050     document complies with applicable municipal ordinances on land use and development.

1051          (2) (a) A municipality may bring an action against an owner to require the property to
1052     conform to the provisions of this part or an ordinance enacted under the authority of this part.
1053          (b) An action under this Subsection (2) may include an injunction[, abatement, merger
1054     of title,] or any other appropriate action or proceeding to prevent[,] or enjoin[, or abate] the
1055     violation.
1056          (c) A municipality need only establish the violation to obtain the injunction.
1057          Section 12. Section 10-9a-701 is amended to read:
1058          10-9a-701. Appeal authority required -- Condition precedent to judicial review --
1059     Appeal authority duties.
1060          (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
1061     or more appeal authorities to hear and decide:
1062          (a) requests for variances from the terms of the land use ordinances;
1063          (b) appeals from decisions applying the land use ordinances; and
1064          (c) appeals from a fee charged in accordance with Section 10-9a-510.
1065          (2) As a condition precedent to judicial review, each adversely affected person shall
1066     timely and specifically challenge a land use authority's decision, in accordance with local
1067     ordinance.
1068          (3) An appeal authority:
1069          (a) shall:
1070          (i) act in a quasi-judicial manner; and
1071          (ii) serve as the final arbiter of issues involving the interpretation or application of land
1072     use ordinances, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
1073     for an appeal of an inland port use appeal decision, as defined in Section 11-58-401; and
1074          (b) may not entertain an appeal of a matter in which the appeal authority, or any
1075     participating member, had first acted as the land use authority.
1076          (4) By ordinance, a municipality may:
1077          (a) designate a separate appeal authority to hear requests for variances than the appeal
1078     authority it designates to hear appeals;
1079          (b) designate one or more separate appeal authorities to hear distinct types of appeals
1080     of land use authority decisions;
1081          (c) require an adversely affected party to present to an appeal authority every theory of

1082     relief that it can raise in district court;
1083          (d) not require [an] a land use applicant or adversely affected party to pursue duplicate
1084     or successive appeals before the same or separate appeal authorities as a condition of [the
1085     adversely affected] an appealing party's duty to exhaust administrative remedies; and
1086          (e) provide that specified types of land use decisions may be appealed directly to the
1087     district court.
1088          (5) If the municipality establishes or, prior to the effective date of this chapter, has
1089     established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
1090     board, body, or panel shall:
1091          (a) notify each of its members of any meeting or hearing of the board, body, or panel;
1092          (b) provide each of its members with the same information and access to municipal
1093     resources as any other member;
1094          (c) convene only if a quorum of its members is present; and
1095          (d) act only upon the vote of a majority of its convened members.
1096          Section 13. Section 10-9a-703 is amended to read:
1097          10-9a-703. Appealing a land use authority's decision -- Panel of experts for
1098     appeals of geologic hazard decisions -- Automatic appeal for certain decisions.
1099          (1) The land use applicant, a board or officer of the municipality, or [any person
1100     adversely affected by the land use authority's decision administering or interpreting a land use
1101     ordinance] an adversely affected party may, within the applicable time period, appeal that
1102     decision to the appeal authority by alleging that there is error in any order, requirement,
1103     decision, or determination made by the land use authority in the administration or interpretation
1104     of the land use ordinance.
1105          (2) (a) [An] A land use applicant who has appealed a decision of the land use authority
1106     administering or interpreting the municipality's geologic hazard ordinance may request the
1107     municipality to assemble a panel of qualified experts to serve as the appeal authority for
1108     purposes of determining the technical aspects of the appeal.
1109          (b) If [an] a land use applicant makes a request under Subsection (2)(a), the
1110     municipality shall assemble the panel described in Subsection (2)(a) consisting of, unless
1111     otherwise agreed by the applicant and municipality:
1112          (i) one expert designated by the municipality;

1113          (ii) one expert designated by the land use applicant; and
1114          (iii) one expert chosen jointly by the municipality's designated expert and the land use
1115     applicant's designated expert.
1116          (c) A member of the panel assembled by the municipality under Subsection (2)(b) may
1117     not be associated with the application that is the subject of the appeal.
1118          (d) The land use applicant shall pay:
1119          (i) 1/2 of the cost of the panel; and
1120          (ii) the municipality's published appeal fee.
1121          Section 14. Section 10-9a-704 is amended to read:
1122          10-9a-704. Time to appeal.
1123          (1) The municipality shall enact an ordinance establishing a reasonable time of not less
1124     than 10 days to appeal to an appeal authority a written decision issued by a land use authority.
1125          (2) In the absence of an ordinance establishing a reasonable time to appeal, [an] a land
1126     use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal
1127     authority a written decision issued by a land use authority.
1128          (3) Notwithstanding Subsections (1) and (2), for an appeal from a decision of a historic
1129     preservation authority regarding a land use application, the land use applicant may appeal the
1130     decision within 30 days after the day on which the historic preservation authority issues a
1131     written decision.
1132          Section 15. Section 10-9a-801 is amended to read:
1133          10-9a-801. No district court review until administrative remedies exhausted --
1134     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1135     -- Staying of decision.
1136          (1) No person may challenge in district court a land use decision until that person has
1137     exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1138     Variances, if applicable.
1139          (2) (a) [Any person adversely affected by a final decision made in the exercise of or in
1140     violation of the provisions of this chapter] A land use applicant or adversely affected party may
1141     file a petition for review of the decision with the district court within 30 days after the decision
1142     is final.
1143          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a

1144     property owner files a request for arbitration of a constitutional taking issue with the property
1145     rights ombudsman under Section 13-43-204 until 30 days after:
1146          (A) the arbitrator issues a final award; or
1147          (B) the property rights ombudsman issues a written statement under Subsection
1148     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1149          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1150     taking issue that is the subject of the request for arbitration filed with the property rights
1151     ombudsman by a property owner.
1152          (iii) A request for arbitration filed with the property rights ombudsman after the time
1153     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1154          (3) (a) A court shall:
1155          (i) presume that a land use regulation properly enacted under the authority of this
1156     chapter is valid; and
1157          (ii) determine only whether:
1158          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1159     or federal law; and
1160          (B) it is reasonably debatable that the land use regulation is consistent with this
1161     chapter.
1162          (b) A court shall:
1163          (i) presume that a final decision of a land use authority or an appeal authority is valid;
1164     and
1165          (ii) uphold the decision unless the decision is:
1166          (A) arbitrary and capricious; or
1167          (B) illegal.
1168          (c) (i) A decision is arbitrary and capricious if the decision is not supported by
1169     substantial evidence in the record.
1170          (ii) A decision is illegal if the decision is:
1171          (A) based on an incorrect interpretation of a land use regulation; or
1172          (B) contrary to law.
1173          (d) (i) A court may affirm or reverse the decision of a land use authority.
1174          (ii) If the court reverses a land use authority's decision, the court shall remand the

1175     matter to the land use authority with instructions to issue a decision consistent with the court's
1176     ruling.
1177          (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
1178     takes final action on a land use application [for any adversely affected third party], if the
1179     municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
1180     actual notice of the pending decision.
1181          (5) If the municipality has complied with Section 10-9a-205, a challenge to the
1182     enactment of a land use regulation or general plan may not be filed with the district court more
1183     than 30 days after the enactment.
1184          (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1185     days after the land use decision is final.
1186          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1187     the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
1188     available, a true and correct transcript of its proceedings.
1189          (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1190     transcript for purposes of this Subsection (7).
1191          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1192     by the land use authority or appeal authority, as the case may be.
1193          (ii) The court may not accept or consider any evidence outside the record of the land
1194     use authority or appeal authority, as the case may be, unless that evidence was offered to the
1195     land use authority or appeal authority, respectively, and the court determines that it was
1196     improperly excluded.
1197          (b) If there is no record, the court may call witnesses and take evidence.
1198          (9) (a) The filing of a petition does not stay the decision of the land use authority or
1199     [authority] appeal authority, as the case may be.
1200          (b) (i) Before filing a petition under this section or a request for mediation or
1201     arbitration of a constitutional taking issue under Section 13-43-204, [the aggrieved party] a
1202     land use applicant may petition the appeal authority to stay its decision.
1203          (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
1204     pending district court review if the appeal authority finds it to be in the best interest of the
1205     municipality.

1206          (iii) After a petition is filed under this section or a request for mediation or arbitration
1207     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1208     injunction staying the appeal authority's decision.
1209          (10) If the court determines that a party initiated or pursued a challenge to the decision
1210     on a land use application in bad faith, the court may award attorney fees.
1211          Section 16. Section 10-9a-802 is amended to read:
1212          10-9a-802. Enforcement.
1213          (1) (a) A municipality [or any adversely affected owner of real estate within the
1214     municipality in which violations of this chapter or ordinances enacted under the authority of
1215     this chapter occur or are about to occur] may, in addition to other remedies provided by law,
1216     institute:
1217          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1218          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1219          (b) A municipality need only establish the violation to obtain the injunction.
1220          (2) (a) A municipality may enforce the municipality's ordinance by withholding a
1221     building permit.
1222          (b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any
1223     building or other structure within a municipality without approval of a building permit.
1224          (c) A municipality may not issue a building permit unless the plans of and for the
1225     proposed erection, construction, reconstruction, alteration, or use fully conform to all
1226     regulations then in effect.
1227          (d) A municipality may not deny an applicant a building permit or certificate of
1228     occupancy because the applicant has not completed an infrastructure improvement:
1229          (i) that is not essential to meet the requirements for the issuance of a building permit or
1230     certificate of occupancy under the building code and fire code; and
1231          (ii) for which the municipality has accepted an improvement completion assurance for
1232     landscaping or infrastructure improvements for the development.
1233          Section 17. Section 17-27a-103 is amended to read:
1234          17-27a-103. Definitions.
1235          As used in this chapter:
1236          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or

1237     detached from a primary single-family dwelling and contained on one lot.
1238          (2) "Adversely affected party" means a person other than a land use applicant who:
1239          (a) owns real property adjoining the property that is the subject of a land use
1240     application or land use decision; or
1241          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1242     general community as a result of the land use decision; and
1243          (i) participated by any means in a public hearing before the land use authority on the
1244     particular land use application or land use decision; or
1245          (ii) owns real property that is located within an area that received mailed notice of the
1246     proposed land use application or land use decision as required by local ordinance.
1247          [(2)] (3) "Affected entity" means a county, municipality, local district, special service
1248     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1249     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1250     property owner, property owners association, public utility, or the Utah Department of
1251     Transportation, if:
1252          (a) the entity's services or facilities are likely to require expansion or significant
1253     modification because of an intended use of land;
1254          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1255     or
1256          (c) the entity has filed with the county a request for notice during the same calendar
1257     year and before the county provides notice to an affected entity in compliance with a
1258     requirement imposed under this chapter.
1259          [(3)] (4) "Affected owner" means the owner of real property that is:
1260          (a) a single project;
1261          (b) the subject of a land use approval that sponsors of a referendum timely challenged
1262     in accordance with Subsection 20A-7-601(5)(a); and
1263          (c) determined to be legally referable under Section 20A-7-602.8.
1264          [(4)] (5) "Appeal authority" means the person, board, commission, agency, or other
1265     body designated by ordinance to decide an appeal of a decision of a land use application or a
1266     variance.
1267          [(5)] (6) "Billboard" means a freestanding ground sign located on industrial,

1268     commercial, or residential property if the sign is designed or intended to direct attention to a
1269     business, product, or service that is not sold, offered, or existing on the property where the sign
1270     is located.
1271          [(6)] (7) (a) "Charter school" means:
1272          (i) an operating charter school;
1273          (ii) a charter school applicant that has its application approved by a charter school
1274     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1275          (iii) an entity that is working on behalf of a charter school or approved charter
1276     applicant to develop or construct a charter school building.
1277          (b) "Charter school" does not include a therapeutic school.
1278          [(7)] (8) "Chief executive officer" means the person or body that exercises the
1279     executive powers of the county.
1280          [(8)] (9) "Conditional use" means a land use that, because of its unique characteristics
1281     or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1282     compatible in some areas or may be compatible only if certain conditions are required that
1283     mitigate or eliminate the detrimental impacts.
1284          [(9)] (10) "Constitutional taking" means a governmental action that results in a taking
1285     of private property so that compensation to the owner of the property is required by the:
1286          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1287          (b) Utah Constitution, Article I, Section 22.
1288          [(10)] (11) "County utility easement" means an easement that:
1289          (a) a plat recorded in a county recorder's office described as a county utility easement
1290     or otherwise as a utility easement;
1291          (b) is not a protected utility easement or a public utility easement as defined in Section
1292     54-3-27;
1293          (c) the county or the county's affiliated governmental entity owns or creates; and
1294          (d) (i) either:
1295          (A) no person uses or occupies; or
1296          (B) the county or the county's affiliated governmental entity uses and occupies to
1297     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1298     communications or data lines; or

1299          (ii) a person uses or occupies with or without an authorized franchise or other
1300     agreement with the county.
1301          [(11)] (12) "Culinary water authority" means the department, agency, or public entity
1302     with responsibility to review and approve the feasibility of the culinary water system and
1303     sources for the subject property.
1304          [(12)] (13) "Development activity" means:
1305          (a) any construction or expansion of a building, structure, or use that creates additional
1306     demand and need for public facilities;
1307          (b) any change in use of a building or structure that creates additional demand and need
1308     for public facilities; or
1309          (c) any change in the use of land that creates additional demand and need for public
1310     facilities.
1311          [(13)] (14) (a) "Disability" means a physical or mental impairment that substantially
1312     limits one or more of a person's major life activities, including a person having a record of such
1313     an impairment or being regarded as having such an impairment.
1314          (b) "Disability" does not include current illegal use of, or addiction to, any federally
1315     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1316     Sec. 802.
1317          [(14)] (15) "Educational facility":
1318          (a) means:
1319          (i) a school district's building at which pupils assemble to receive instruction in a
1320     program for any combination of grades from preschool through grade 12, including
1321     kindergarten and a program for children with disabilities;
1322          (ii) a structure or facility:
1323          (A) located on the same property as a building described in Subsection [(14)]
1324     (15)(a)(i); and
1325          (B) used in support of the use of that building; and
1326          (iii) a building to provide office and related space to a school district's administrative
1327     personnel; and
1328          (b) does not include:
1329          (i) land or a structure, including land or a structure for inventory storage, equipment

1330     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1331          (A) not located on the same property as a building described in Subsection [(14)]
1332     (15)(a)(i); and
1333          (B) used in support of the purposes of a building described in Subsection [(14)]
1334     (15)(a)(i); or
1335          (ii) a therapeutic school.
1336          [(15)] (16) "Fire authority" means the department, agency, or public entity with
1337     responsibility to review and approve the feasibility of fire protection and suppression services
1338     for the subject property.
1339          [(16)] (17) "Flood plain" means land that:
1340          (a) is within the 100-year flood plain designated by the Federal Emergency
1341     Management Agency; or
1342          (b) has not been studied or designated by the Federal Emergency Management Agency
1343     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1344     the land has characteristics that are similar to those of a 100-year flood plain designated by the
1345     Federal Emergency Management Agency.
1346          [(17)] (18) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1347          [(18)] (19) "General plan" means a document that a county adopts that sets forth
1348     general guidelines for proposed future development of:
1349          (a) the unincorporated land within the county; or
1350          (b) for a mountainous planning district, the land within the mountainous planning
1351     district.
1352          [(19)] (20) "Geologic hazard" means:
1353          (a) a surface fault rupture;
1354          (b) shallow groundwater;
1355          (c) liquefaction;
1356          (d) a landslide;
1357          (e) a debris flow;
1358          (f) unstable soil;
1359          (g) a rock fall; or
1360          (h) any other geologic condition that presents a risk:

1361          (i) to life;
1362          (ii) of substantial loss of real property; or
1363          (iii) of substantial damage to real property.
1364          [(20)] (21) "Hookup fee" means a fee for the installation and inspection of any pipe,
1365     line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
1366     utility system.
1367          [(21)] (22) "Identical plans" means building plans submitted to a county that:
1368          (a) are clearly marked as "identical plans";
1369          (b) are substantially identical building plans that were previously submitted to and
1370     reviewed and approved by the county; and
1371          (c) describe a building that:
1372          (i) is located on land zoned the same as the land on which the building described in the
1373     previously approved plans is located;
1374          (ii) is subject to the same geological and meteorological conditions and the same law
1375     as the building described in the previously approved plans;
1376          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1377     and approved by the county; and
1378          (iv) does not require any additional engineering or analysis.
1379          [(22)] (23) "Impact fee" means a payment of money imposed under Title 11, Chapter
1380     36a, Impact Fees Act.
1381          [(23)] (24) "Improvement completion assurance" means a surety bond, letter of credit,
1382     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1383     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1384     required as a condition precedent to:
1385          (a) recording a subdivision plat; or
1386          (b) development of a commercial, industrial, mixed use, or multifamily project.
1387          [(24)] (25) "Improvement warranty" means an applicant's unconditional warranty that
1388     the applicant's installed and accepted landscaping or infrastructure improvement:
1389          (a) complies with the county's written standards for design, materials, and
1390     workmanship; and
1391          (b) will not fail in any material respect, as a result of poor workmanship or materials,

1392     within the improvement warranty period.
1393          [(25)] (26) "Improvement warranty period" means a period:
1394          (a) no later than one year after a county's acceptance of required landscaping; or
1395          (b) no later than one year after a county's acceptance of required infrastructure, unless
1396     the county:
1397          (i) determines for good cause that a one-year period would be inadequate to protect the
1398     public health, safety, and welfare; and
1399          (ii) has substantial evidence, on record:
1400          (A) of prior poor performance by the applicant; or
1401          (B) that the area upon which the infrastructure will be constructed contains suspect soil
1402     and the county has not otherwise required the applicant to mitigate the suspect soil.
1403          [(26)] (27) "Infrastructure improvement" means permanent infrastructure that is
1404     essential for the public health and safety or that:
1405          (a) is required for human consumption; and
1406          (b) an applicant must install:
1407          (i) in accordance with published installation and inspection specifications for public
1408     improvements; and
1409          (ii) as a condition of:
1410          (A) recording a subdivision plat;
1411          (B) obtaining a building permit; or
1412          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1413     project.
1414          [(27)] (28) "Internal lot restriction" means a platted note, platted demarcation, or
1415     platted designation that:
1416          (a) runs with the land; and
1417          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1418     the plat; or
1419          (ii) designates a development condition that is enclosed within the perimeter of a lot
1420     described on the plat.
1421          [(28)] (29) "Interstate pipeline company" means a person or entity engaged in natural
1422     gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission

1423     under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1424          [(29)] (30) "Intrastate pipeline company" means a person or entity engaged in natural
1425     gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1426     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1427          [(30)] (31) "Land use applicant" means a property owner, or the property owner's
1428     designee, who submits a land use application regarding the property owner's land.
1429          [(31)] (32) "Land use application":
1430          (a) means an application that is:
1431          (i) required by a county; and
1432          (ii) submitted by a land use applicant to obtain a land use decision; and
1433          (b) does not mean an application to enact, amend, or repeal a land use regulation.
1434          [(32)] (33) "Land use authority" means:
1435          (a) a person, board, commission, agency, or body, including the local legislative body,
1436     designated by the local legislative body to act upon a land use application; or
1437          (b) if the local legislative body has not designated a person, board, commission,
1438     agency, or body, the local legislative body.
1439          [(33)] (34) "Land use decision" means an administrative decision of a land use
1440     authority or appeal authority regarding:
1441          (a) a land use permit;
1442          (b) a land use application; or
1443          (c) the enforcement of a land use regulation, land use permit, or development
1444     agreement.
1445          [(34)] (35) "Land use permit" means a permit issued by a land use authority.
1446          [(35)] (36) "Land use regulation":
1447          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1448     specification, fee, or rule that governs the use or development of land;
1449          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1450     and
1451          (c) does not include:
1452          (i) a land use decision of the legislative body acting as the land use authority, even if
1453     the decision is expressed in a resolution or ordinance; or

1454          (ii) a temporary revision to an engineering specification that does not materially:
1455          (A) increase a land use applicant's cost of development compared to the existing
1456     specification; or
1457          (B) impact a land use applicant's use of land.
1458          [(36)] (37) "Legislative body" means the county legislative body, or for a county that
1459     has adopted an alternative form of government, the body exercising legislative powers.
1460          [(37)] (38) "Local district" means any entity under Title 17B, Limited Purpose Local
1461     Government Entities - Local Districts, and any other governmental or quasi-governmental
1462     entity that is not a county, municipality, school district, or the state.
1463          [(38)] (39) "Lot" means a tract of land, regardless of any label, that is created by and
1464     shown on a subdivision plat that has been recorded in the office of the county recorder.
1465          [(39)] (40) (a) "Lot line adjustment" means a relocation of a lot line boundary between
1466     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
1467     accordance with Section 17-27a-608, with the consent of the owners of record.
1468          (b) "Lot line adjustment" does not mean a new boundary line that:
1469          (i) creates an additional lot; or
1470          (ii) constitutes a subdivision.
1471          [(40)] (41) "Major transit investment corridor" means public transit service that uses or
1472     occupies:
1473          (a) public transit rail right-of-way;
1474          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1475     or
1476          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1477     municipality or county and:
1478          (i) a public transit district as defined in Section 17B-2a-802; or
1479          (ii) an eligible political subdivision as defined in Section 59-12-2219.
1480          [(41)] (42) "Moderate income housing" means housing occupied or reserved for
1481     occupancy by households with a gross household income equal to or less than 80% of the
1482     median gross income for households of the same size in the county in which the housing is
1483     located.
1484          [(42)] (43) "Mountainous planning district" means an area:

1485          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1486          (b) that is not otherwise exempt under Section 10-9a-304.
1487          [(43)] (44) "Nominal fee" means a fee that reasonably reimburses a county only for
1488     time spent and expenses incurred in:
1489          (a) verifying that building plans are identical plans; and
1490          (b) reviewing and approving those minor aspects of identical plans that differ from the
1491     previously reviewed and approved building plans.
1492          [(44)] (45) "Noncomplying structure" means a structure that:
1493          (a) legally existed before its current land use designation; and
1494          (b) because of one or more subsequent land use ordinance changes, does not conform
1495     to the setback, height restrictions, or other regulations, excluding those regulations that govern
1496     the use of land.
1497          [(45)] (46) "Nonconforming use" means a use of land that:
1498          (a) legally existed before its current land use designation;
1499          (b) has been maintained continuously since the time the land use ordinance regulation
1500     governing the land changed; and
1501          (c) because of one or more subsequent land use ordinance changes, does not conform
1502     to the regulations that now govern the use of the land.
1503          [(46)] (47) "Official map" means a map drawn by county authorities and recorded in
1504     the county recorder's office that:
1505          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1506     highways and other transportation facilities;
1507          (b) provides a basis for restricting development in designated rights-of-way or between
1508     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1509     the land; and
1510          (c) has been adopted as an element of the county's general plan.
1511          [(47)] (48) "Parcel" means any real property that is not a lot created by and shown on a
1512     subdivision plat recorded in the office of the county recorder.
1513          [(48)] (49) (a) "Parcel boundary adjustment" means a recorded agreement between
1514     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
1515     line agreement in accordance with Section 57-1-45, if no additional parcel is created and:

1516          (i) none of the property identified in the agreement is subdivided land; or
1517          (ii) the adjustment is to the boundaries of a single person's parcels.
1518          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1519     line that:
1520          (i) creates an additional parcel; or
1521          (ii) constitutes a subdivision.
1522          [(49)] (50) "Person" means an individual, corporation, partnership, organization,
1523     association, trust, governmental agency, or any other legal entity.
1524          [(50)] (51) "Plan for moderate income housing" means a written document adopted by
1525     a county legislative body that includes:
1526          (a) an estimate of the existing supply of moderate income housing located within the
1527     county;
1528          (b) an estimate of the need for moderate income housing in the county for the next five
1529     years;
1530          (c) a survey of total residential land use;
1531          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1532     income housing; and
1533          (e) a description of the county's program to encourage an adequate supply of moderate
1534     income housing.
1535          [(51)] (52) "Planning advisory area" means a contiguous, geographically defined
1536     portion of the unincorporated area of a county established under this part with planning and
1537     zoning functions as exercised through the planning advisory area planning commission, as
1538     provided in this chapter, but with no legal or political identity separate from the county and no
1539     taxing authority.
1540          [(52)] (53) "Plat" means a map or other graphical representation of lands that a licensed
1541     professional land surveyor makes and prepares in accordance with Section 17-27a-603 or
1542     57-8-13.
1543          [(53)] (54) "Potential geologic hazard area" means an area that:
1544          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1545     relevant map or report as needing further study to determine the area's potential for geologic
1546     hazard; or

1547          (b) has not been studied by the Utah Geological Survey or a county geologist but
1548     presents the potential of geologic hazard because the area has characteristics similar to those of
1549     a designated geologic hazard area.
1550          [(54)] (55) "Public agency" means:
1551          (a) the federal government;
1552          (b) the state;
1553          (c) a county, municipality, school district, local district, special service district, or other
1554     political subdivision of the state; or
1555          (d) a charter school.
1556          [(55)] (56) "Public hearing" means a hearing at which members of the public are
1557     provided a reasonable opportunity to comment on the subject of the hearing.
1558          [(56)] (57) "Public meeting" means a meeting that is required to be open to the public
1559     under Title 52, Chapter 4, Open and Public Meetings Act.
1560          [(57)] (58) "Public street" means a public right-of-way, including a public highway,
1561     public avenue, public boulevard, public parkway, public road, public lane, [public trail or
1562     walk,] public alley, public viaduct, public subway, public tunnel, public bridge, public byway,
1563     other public transportation easement, or other public way.
1564          [(58)] (59) "Receiving zone" means an unincorporated area of a county that the county
1565     designates, by ordinance, as an area in which an owner of land may receive a transferable
1566     development right.
1567          [(59)] (60) "Record of survey map" means a map of a survey of land prepared in
1568     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1569          [(60)] (61) "Residential facility for persons with a disability" means a residence:
1570          (a) in which more than one person with a disability resides; and
1571          (b) (i) which is licensed or certified by the Department of Human Services under Title
1572     62A, Chapter 2, Licensure of Programs and Facilities; or
1573          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1574     21, Health Care Facility Licensing and Inspection Act.
1575          [(61)] (62) "Rules of order and procedure" means a set of rules that govern and
1576     prescribe in a public meeting:
1577          (a) parliamentary order and procedure;

1578          (b) ethical behavior; and
1579          (c) civil discourse.
1580          [(62)] (63) "Sanitary sewer authority" means the department, agency, or public entity
1581     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1582     wastewater systems.
1583          [(63)] (64) "Sending zone" means an unincorporated area of a county that the county
1584     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1585     development right.
1586          [(64)] (65) "Site plan" means a document or map that may be required by a county
1587     during a preliminary review preceding the issuance of a building permit to demonstrate that an
1588     owner's or developer's proposed development activity meets a land use requirement.
1589          [(65)] (66) "Specified public agency" means:
1590          (a) the state;
1591          (b) a school district; or
1592          (c) a charter school.
1593          [(66)] (67) "Specified public utility" means an electrical corporation, gas corporation,
1594     or telephone corporation, as those terms are defined in Section 54-2-1.
1595          [(67)] (68) "State" includes any department, division, or agency of the state.
1596          [(68)] (69) "Subdivided land" means the land, tract, or lot described in a recorded
1597     subdivision plat.
1598          [(69)] (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
1599     to be divided into two or more lots or other division of land for the purpose, whether
1600     immediate or future, for offer, sale, lease, or development either on the installment plan or
1601     upon any and all other plans, terms, and conditions.
1602          (b) "Subdivision" includes:
1603          (i) the division or development of land whether by deed, metes and bounds description,
1604     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
1605     includes all or a portion of a parcel or lot; and
1606          (ii) except as provided in Subsection [(69)] (70)(c), divisions of land for residential and
1607     nonresidential uses, including land used or to be used for commercial, agricultural, and
1608     industrial purposes.

1609          (c) "Subdivision" does not include:
1610          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1611          (ii) an agreement recorded with the county recorder's office between owners of
1612     adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
1613     with Section 57-1-45 if:
1614          (A) no new lot is created; and
1615          (B) the adjustment does not violate applicable land use ordinances;
1616          (iii) a recorded document, executed by the owner of record:
1617          (A) revising the legal description of more than one contiguous parcel of property that is
1618     not subdivided land into one legal description encompassing all such parcels of property; or
1619          (B) joining a subdivided parcel of property to another parcel of property that has not
1620     been subdivided, if the joinder does not violate applicable land use ordinances;
1621          (iv) a bona fide division or partition of land in a county other than a first class county
1622     for the purpose of siting, on one or more of the resulting separate parcels:
1623          (A) an electrical transmission line or a substation;
1624          (B) a natural gas pipeline or a regulation station; or
1625          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1626     utility service regeneration, transformation, retransmission, or amplification facility;
1627          (v) an agreement between owners of adjoining subdivided properties adjusting the
1628     mutual lot line boundary in accordance with Section 10-9a-603 if:
1629          (A) no new dwelling lot or housing unit will result from the adjustment; and
1630          (B) the adjustment will not violate any applicable land use ordinance;
1631          (vi) a bona fide division or partition of land by deed or other instrument where the land
1632     use authority expressly approves in writing the division in anticipation of further land use
1633     approvals on the parcel or parcels;
1634          (vii) a parcel boundary adjustment;
1635          (viii) a lot line adjustment;
1636          (ix) a road, street, or highway dedication plat; [or]
1637          (x) a deed or easement for a road, street, or highway purpose[.]; or
1638          (xi) a bona fide division or partition of land by a metes and bounds description where
1639     the deed expressly states that:

1640          (A) the division or partition of land is in anticipation of future development; and
1641          (B) the newly created parcel must be subdivided or receive written approval from the
1642     land use authority before a structure may be built on the parcel.
1643          (d) The joining of a subdivided parcel of property to another parcel of property that has
1644     not been subdivided does not constitute a subdivision under this Subsection [(69)] (70) as to
1645     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1646     subdivision ordinance.
1647          (71) "Subdivision amendment" means an amendment to a recorded subdivision in
1648     accordance with Section 17-27a-608 that:
1649          (a) vacates all or a portion of the subdivision;
1650          (b) alters the outside boundary of the subdivision;
1651          (c) increases the number of lots within the subdivision;
1652          (d) alters a public right-of-way, a public easement, public infrastructure, or other public
1653     dedication within the subdivision; or
1654          (e) alters a common area or other common amenity within the subdivision.
1655          [(70)] (72) "Suspect soil" means soil that has:
1656          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1657     3% swell potential;
1658          (b) bedrock units with high shrink or swell susceptibility; or
1659          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1660     commonly associated with dissolution and collapse features.
1661          [(71)] (73) "Therapeutic school" means a residential group living facility:
1662          (a) for four or more individuals who are not related to:
1663          (i) the owner of the facility; or
1664          (ii) the primary service provider of the facility;
1665          (b) that serves students who have a history of failing to function:
1666          (i) at home;
1667          (ii) in a public school; or
1668          (iii) in a nonresidential private school; and
1669          (c) that offers:
1670          (i) room and board; and

1671          (ii) an academic education integrated with:
1672          (A) specialized structure and supervision; or
1673          (B) services or treatment related to a disability, an emotional development, a
1674     behavioral development, a familial development, or a social development.
1675          [(72)] (74) "Transferable development right" means a right to develop and use land that
1676     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1677     land use rights from a designated sending zone to a designated receiving zone.
1678          [(73)] (75) "Unincorporated" means the area outside of the incorporated area of a
1679     municipality.
1680          [(74)] (76) "Water interest" means any right to the beneficial use of water, including:
1681          (a) each of the rights listed in Section 73-1-11; and
1682          (b) an ownership interest in the right to the beneficial use of water represented by:
1683          (i) a contract; or
1684          (ii) a share in a water company, as defined in Section 73-3-3.5.
1685          [(75)] (77) "Zoning map" means a map, adopted as part of a land use ordinance, that
1686     depicts land use zones, overlays, or districts.
1687          Section 18. Section 17-27a-302 is amended to read:
1688          17-27a-302. Planning commission powers and duties.
1689          (1) Each countywide planning advisory area or mountainous planning district planning
1690     commission shall, with respect to the unincorporated area of the county, the planning advisory
1691     area, or the mountainous planning district, review and make a recommendation to the county
1692     legislative body for:
1693          (a) a general plan and amendments to the general plan;
1694          (b) land use regulations[;], including:
1695          (i) ordinances regarding the subdivision of land within the county; and
1696          (ii) amendments to existing land use regulations;
1697          (c) an appropriate delegation of power to at least one designated land use authority to
1698     hear and act on a land use application;
1699          (d) an appropriate delegation of power to at least one appeal authority to hear and act
1700     on an appeal from a decision of the land use authority; and
1701          (e) application processes that:

1702          (i) may include a designation of routine land use matters that, upon application and
1703     proper notice, will receive informal streamlined review and action if the application is
1704     uncontested; and
1705          (ii) shall protect the right of each:
1706          (A) land use applicant and [third party] adversely affected party to require formal
1707     consideration of any application by a land use authority;
1708          (B) land use applicant[,] or adversely affected party[, or county officer or employee] to
1709     appeal a land use authority's decision to a separate appeal authority; and
1710          (C) participant to be heard in each public hearing on a contested application.
1711          (2) Before making a recommendation to a legislative body on an item described in
1712     Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
1713     with Section 17-27a-404.
1714          (3) A legislative body may adopt, modify, or reject a planning commission's
1715     recommendation to the legislative body under this section.
1716          (4) A legislative body may consider a planning commission's failure to make a timely
1717     recommendation as a negative recommendation.
1718          [(2)] (5) Nothing in this section limits the right of a county to initiate or propose the
1719     actions described in this section.
1720          Section 19. Section 17-27a-404 is amended to read:
1721          17-27a-404. Public hearing by planning commission on proposed general plan or
1722     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1723     by legislative body.
1724          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
1725     amend the general plan, the planning commission shall schedule and hold a public hearing on
1726     the proposed plan or amendment.
1727          (b) The planning commission shall provide notice of the public hearing, as required by
1728     Section 17-27a-204.
1729          (c) After the public hearing, the planning commission may modify the proposed
1730     general plan or amendment.
1731          (2) The planning commission shall forward the proposed general plan or amendment to
1732     the legislative body.

1733          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
1734     shall provide notice of its intent to consider the general plan proposal.
1735          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
1736     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
1737     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
1738     (3)(b).
1739          (ii) The hearing format shall allow adequate time for public comment at the actual
1740     public hearing, and shall also allow for public comment in writing to be submitted to the
1741     legislative body for not fewer than 90 days after the date of the public hearing.
1742          (c) (i) The legislative body shall give notice of the hearing in accordance with this
1743     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
1744     complete.
1745          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
1746     the state Legislature, executive director of the Department of Environmental Quality, the state
1747     planning coordinator, the Resource Development Coordinating Committee, and any other
1748     citizens or entities who specifically request notice in writing.
1749          (iii) Public notice shall be given by publication:
1750          (A) in at least one major Utah newspaper having broad general circulation in the state;
1751          (B) in at least one Utah newspaper having a general circulation focused mainly on the
1752     county where the proposed high-level nuclear waste or greater than class C radioactive waste
1753     site is to be located; and
1754          (C) on the Utah Public Notice Website created in Section 63F-1-701.
1755          (iv) The notice shall be published to allow reasonable time for interested parties and
1756     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
1757     including:
1758          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
1759     the date of the hearing to be held under this Subsection (3); and
1760          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
1761     date of the hearing to be held under this Subsection (3).
1762          (4) (a) After the public hearing required under this section, the legislative body may
1763     adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.

1764          (b) The legislative body shall respond in writing and in a substantive manner to all
1765     those providing comments as a result of the hearing required by Subsection (3).
1766          [(5) (a) The county legislative body may adopt or reject the proposed general plan or
1767     amendment either as proposed by the planning commission or after making any revision the
1768     county legislative body considers appropriate.]
1769          [(b)] (c) If the county legislative body rejects the proposed general plan or amendment,
1770     it may provide suggestions to the planning commission for [its consideration] the planning
1771     commission's review and recommendation.
1772          [(6)] (5) The legislative body shall adopt:
1773          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
1774          (b) a transportation and traffic circulation element as provided in Subsection
1775     17-27a-403(2)(a)(ii);
1776          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
1777     provide a realistic opportunity to meet the need for additional moderate income housing; and
1778          (d) before August 1, 2017, a resource management plan as provided by Subsection
1779     17-27a-403(2)(a)(iv).
1780          Section 20. Section 17-27a-408 is amended to read:
1781          17-27a-408. Reporting requirements and civil action regarding moderate income
1782     housing element of general plan.
1783          (1) The legislative body of each county of the first, second, or third class, which has a
1784     population in the county's unincorporated areas of more than 5,000 residents, shall annually:
1785          (a) review the moderate income housing plan element of the county's general plan and
1786     implementation of that element of the general plan;
1787          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
1788          (c) post the report described in Subsection (1)(b) on the county's website.
1789          (2) The report described in Subsection (1) shall include:
1790          (a) a revised estimate of the need for moderate income housing in the unincorporated
1791     areas of the county for the next five years;
1792          (b) a description of progress made within the unincorporated areas of the county to
1793     provide moderate income housing demonstrated by analyzing and publishing data on the
1794     number of housing units in the county that are at or below:

1795          (i) 80% of the adjusted median family income;
1796          (ii) 50% of the adjusted median family income; and
1797          (iii) 30% of the adjusted median family income;
1798          (c) a description of any efforts made by the county to utilize a moderate income
1799     housing set-aside from a community reinvestment agency, redevelopment agency, or a
1800     community development and renewal agency; and
1801          (d) a description of how the county has implemented any of the recommendations
1802     related to moderate income housing described in Subsection 17-27a-403(2)(b)(ii).
1803          (3) The legislative body of each county described in Subsection (1) shall send a copy of
1804     the report under Subsection (1) to the Department of Workforce Services, the association of
1805     governments in which the county is located, and, if the unincorporated area of the county is
1806     located within the boundaries of a metropolitan planning organization, the appropriate
1807     metropolitan planning organization.
1808          (4) In a civil action seeking enforcement or claiming a violation of this section or of
1809     Subsection 17-27a-404[(6)](5)(c), a plaintiff may not recover damages but may be awarded
1810     only injunctive or other equitable relief.
1811          Section 21. Section 17-27a-603 is amended to read:
1812          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
1813     acknowledgment, surveyor certification, and underground utility facility owner
1814     verification of plat -- Recording plat.
1815          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
1816     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
1817     the land shall provide an accurate plat that describes or specifies:
1818          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
1819     the county recorder's office;
1820          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
1821     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
1822     intended to be used as a street or for any other public use, and whether any such area is
1823     reserved or proposed for dedication for a public purpose;
1824          (c) the lot or unit reference, block or building reference, street or site address, street
1825     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length

1826     and width of the blocks and lots intended for sale; and
1827          (d) every existing right-of-way and easement grant of record for an underground
1828     facility, as defined in Section 54-8a-2, and for any other utility facility.
1829          (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the county's
1830     ordinances and this part and has been approved by the culinary water authority, the sanitary
1831     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
1832     health department and the county consider the local health department's approval necessary, the
1833     county shall approve the plat.
1834          (b) Counties are encouraged to receive a recommendation from the fire authority and
1835     the public safety answering point before approving a plat.
1836          (c) A county may not require that a plat be approved or signed by a person or entity
1837     who:
1838          (i) is not an employee or agent of the county; or
1839          (ii) does not:
1840          (A) have a legal or equitable interest in the property within the proposed subdivision;
1841          (B) provide a utility or other service directly to a lot within the subdivision;
1842          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
1843     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
1844     relation to the plat; or
1845          (D) provide culinary public water service whose source protection zone designated as
1846     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
1847          (d) For a subdivision application that includes land located within a notification zone,
1848     as determined under Subsection (2)(f), the land use authority shall:
1849          (i) within 20 days after the day on which a complete subdivision application is filed,
1850     provide written notice of the application to the canal owner or associated canal operator contact
1851     described in:
1852          (A) Section 17-27a-211;
1853          (B) Subsection 73-5-7(2); or
1854          (C) Subsection (5)(c); and
1855          (ii) wait to approve or reject the subdivision application for at least 20 days after the
1856     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to

1857     receive input from the canal owner or associated canal operator, including input regarding:
1858          (A) access to the canal;
1859          (B) maintenance of the canal;
1860          (C) canal protection; and
1861          (D) canal safety.
1862          (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
1863          (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
1864     canal owner or associated canal operator if:
1865          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
1866          (ii) the centerline alignment is available to the land use authority:
1867          (A) from information provided by the canal company under Section 17-27a-211 using
1868     mapping-grade global positioning satellite units or digitized data from the most recent aerial
1869     photo available to the canal owner or canal operator;
1870          (B) using the state engineer's inventory of canals under Section 73-5-7; or
1871          (C) from information provided by a surveyor under Subsection (5)(c).
1872          (3) The county may withhold an otherwise valid plat approval until the owner of the
1873     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
1874     penalties owing on the land have been paid.
1875          (4) (a) Within 30 days after approving a final plat under this section, a county shall
1876     submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
1877     inclusion in the unified statewide 911 emergency service database described in Subsection
1878     63H-7a-304(4)(b):
1879          (i) an electronic copy of the approved final plat; or
1880          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
1881     for construction within the bounds of the approved plat.
1882          (b) If requested by the Automated Geographic Reference Center, a county that
1883     approves a final plat under this section shall:
1884          (i) coordinate with the Automated Geographic Reference Center to validate the
1885     information described in Subsection (4)(a); and
1886          (ii) assist the Automated Geographic Reference Center in creating electronic files that
1887     contain the information described in Subsection (4)(a) for inclusion in the unified statewide

1888     911 emergency service database.
1889          (5) (a) A county recorder may not record a plat unless, subject to Subsection
1890     17-27a-604(1):
1891          (i) prior to recordation, the county has approved and signed the plat;
1892          (ii) each owner of record of land described on the plat has signed the owner's
1893     dedication as shown on the plat; and
1894          (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
1895     provided by law.
1896          (b) The surveyor making the plat shall certify that the surveyor:
1897          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1898     Professional Land Surveyors Licensing Act;
1899          (ii) has completed a survey of the property described on the plat in accordance with
1900     Section 17-23-17 and has verified all measurements; and
1901          (iii) has placed monuments as represented on the plat.
1902          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
1903     an existing or proposed underground facility or utility facility within the proposed subdivision,
1904     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
1905     depiction of the:
1906          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
1907     public or private easement, or grants of record;
1908          (B) location of an existing underground facility and utility facility; and
1909          (C) physical restrictions governing the location of the underground facility and utility
1910     facility within the subdivision.
1911          (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
1912          (A) indicates only that the plat approximates the location of the existing underground
1913     and utility facilities but does not warrant or verify their precise location; and
1914          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
1915     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
1916     applicable to prescriptive rights, or any other provision of law.
1917          (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
1918     certified, and approved, the individual seeking to record the plat shall, within the time period

1919     and manner designated by ordinance, record the plat in the county recorder's office in the
1920     county in which the lands platted and laid out are situated.
1921          (b) A failure to record a plat within the time period designated by ordinance renders the
1922     plat voidable by the land use authority.
1923          Section 22. Section 17-27a-604 is amended to read:
1924          17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
1925          (1) A person may not submit a subdivision plat to the county recorder's office for
1926     recording unless:
1927          (a) the person has complied with the requirements of Subsection 17-27a-603(5)(a);
1928          (b) the plat has been approved by:
1929          (i) the land use authority of the:
1930          (A) county in whose unincorporated area the land described in the plat is located; or
1931          (B) mountainous planning district in whose area the land described in the plat is
1932     located; and
1933          (ii) other officers that the county designates in its ordinance;
1934          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
1935     designated officers; and
1936          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
1937     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
1938     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
1939     common areas, as that term is defined in Section 57-8a-102.
1940          (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
1941     the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
1942     Community Association Act.
1943          (3) A plat recorded without the signatures required under this section is void.
1944          (4) A transfer of land pursuant to a void plat is voidable by the land use authority.
1945          Section 23. Section 17-27a-605 is amended to read:
1946          17-27a-605. Exemptions from plat requirement.
1947          [(1) Notwithstanding Sections 17-27a-603 and 17-27a-604, a county may establish a
1948     process to approve an administrative land use decision for the subdivision of unincorporated
1949     land or mountainous planning district land into 10 lots or less without a plat, by certifying in

1950     writing that:]
1951          (1) Notwithstanding any other provision of law, a plat is not required if:
1952          (a) a county establishes a process to approve an administrative land use decision for the
1953     subdivision of unincorporated land or mountainous planning district land into 10 or fewer lots
1954     without a plat; and
1955          (b) the county provides in writing that:
1956          [(a)] (i) the county has provided notice as required by ordinance; and
1957          [(b)] (ii) the proposed subdivision:
1958          [(i)] (A) is not traversed by the mapped lines of a proposed street as shown in the
1959     general plan unless the county has approved the location and dedication of any public street,
1960     county utility easement, any other easement, or any other land for public purposes as the
1961     county's ordinance requires;
1962          [(ii)] (B) has been approved by the culinary water authority and the sanitary sewer
1963     authority;
1964          [(iii)] (C) is located in a zoned area; and
1965          [(iv)] (D) conforms to all applicable land use ordinances or has properly received a
1966     variance from the requirements of an otherwise conflicting and applicable land use ordinance.
1967          (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
1968     land is exempt from the plat requirements of Section 17-27a-603 if:
1969          (i) the lot or parcel:
1970          (A) qualifies as land in agricultural use under Section 59-2-502; and
1971          (B) is not used and will not be used for any nonagricultural purpose; and
1972          (ii) the new owner of record completes, signs, and records with the county recorder a
1973     notice:
1974          (A) describing the parcel by legal description; and
1975          (B) stating that the lot or parcel is created for agricultural purposes as defined in
1976     Section 59-2-502 and will remain so until a future zoning change permits other uses.
1977          (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
1978     purpose, the county shall require the lot or parcel to comply with the requirements of Section
1979     17-27a-603 and all applicable land use ordinance requirements.
1980          (3) (a) Except as provided in Subsection (4), a document recorded in the county

1981     recorder's office that divides property by a metes and bounds description does not create an
1982     approved subdivision allowed by this part unless the land use authority's certificate of written
1983     approval required by Subsection (1) is attached to the document.
1984          (b) The absence of the certificate or written approval required by Subsection (1) does
1985     not:
1986          (i) prohibit the county recorder from recording a document; or
1987          (ii) affect the validity of a recorded document.
1988          (c) A document which does not meet the requirements of Subsection (1) may be
1989     corrected by the recording of an affidavit to which the required certificate or written approval is
1990     attached and that complies with Section 57-3-106.
1991          (4) (a) As used in this Subsection (4):
1992          (i) "Divided land" means land that:
1993          (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
1994          (B) has been divided by a minor subdivision.
1995          (ii) "Land to be divided" means land that is proposed to be divided by a minor
1996     subdivision.
1997          (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
1998     agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
1999     after the division, is separate from the remainder of the original 100 or more contiguous acres
2000     of agricultural land.
2001          (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
2002          (b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100
2003     contiguous acres of agricultural land may make a minor subdivision by submitting for
2004     recording in the office of the recorder of the county in which the land to be divided is located:
2005          (i) a recordable deed containing the legal description of the minor subdivision lot; and
2006          (ii) a notice:
2007          (A) indicating that the owner of the land to be divided is making a minor subdivision;
2008          (B) referring specifically to this section as the authority for making the minor
2009     subdivision; and
2010          (C) containing the legal description of:
2011          (I) the land to be divided; and

2012          (II) the minor subdivision lot.
2013          (c) A minor subdivision lot:
2014          (i) may not be less than one acre in size;
2015          (ii) may not be within 1,000 feet of another minor subdivision lot; and
2016          (iii) is not subject to the subdivision ordinance of the county in which the minor
2017     subdivision lot is located.
2018          (d) Land to be divided by a minor subdivision may not include divided land.
2019          (e) A county:
2020          (i) may not deny a building permit to an owner of a minor subdivision lot based on:
2021          (A) the lot's status as a minor subdivision lot; or
2022          (B) the absence of standards described in Subsection (4)(e)(ii); and
2023          (ii) may, in connection with the issuance of a building permit, subject a minor
2024     subdivision lot to reasonable health, safety, and access standards that the county has established
2025     and made public.
2026          (5) (a) Notwithstanding Sections 17-27a-603 and 17-27a-604, and subject to
2027     Subsection (1), the legislative body of a county may enact an ordinance allowing the
2028     subdivision of a parcel, without complying with the plat requirements of Section 17-27a-603,
2029     if:
2030          (i) the parcel contains an existing legal single family dwelling unit;
2031          (ii) the subdivision results in two parcels, one of which is agricultural land;
2032          (iii) the parcel of agricultural land:
2033          (A) qualifies as land in agricultural use under Section 59-2-502; and
2034          (B) is not used, and will not be used, for a nonagricultural purpose;
2035          (iv) both the parcel with an existing legal single family dwelling unit and the parcel of
2036     agricultural land meet the minimum area, width, frontage, and setback requirements of the
2037     applicable zoning designation in the applicable land use ordinance; and
2038          (v) the owner of record completes, signs, and records with the county recorder a notice:
2039          (A) describing the parcel of agricultural land by legal description; and
2040          (B) stating that the parcel of agricultural land is created as land in agricultural use, as
2041     defined in Section 59-2-502, and will remain as land in agricultural use until a future zoning
2042     change permits another use.

2043          (b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a)
2044     is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no
2045     longer applies, and the county shall require the owner of the parcel to:
2046          (i) retroactively comply with the subdivision plat requirements of Section 17-27a-603;
2047     and
2048          (ii) comply with all applicable land use ordinance requirements.
2049          Section 24. Section 17-27a-608 is amended to read:
2050          17-27a-608. Subdivision amendments.
2051          (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
2052     subdivision that has been laid out and platted as provided in this part may file a written petition
2053     with the land use authority [to have some or all of the plat vacated or amended] to request a
2054     subdivision amendment.
2055          (b) Upon filing a written petition to request a subdivision amendment under Subsection
2056     (1)(a), the owner shall prepare and record a plat in accordance with Section 17-27a-603 that:
2057          (i) depicts only the portion of the subdivision that has been amended;
2058          (ii) includes a plat name distinguishing the amended plat from the original plat;
2059          (iii) describes the differences between the amended plat and the original plat; and
2060          (iv) includes references to the original plat.
2061          [(b)] (c) If a petition is filed under Subsection (1)(a), the land use authority shall
2062     provide notice of the petition by mail, email, or other effective means to each affected entity
2063     that provides a service to an owner of record of the portion of the plat that is being [vacated or]
2064     amended at least 10 calendar days before the land use authority may approve the [vacation or
2065     amendment of the plat] petition for a subdivision amendment.
2066          [(c)] (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
2067     public hearing within 45 days after the day on which the petition is filed if:
2068          (i) any owner within the plat notifies the county of the owner's objection in writing
2069     within 10 days of mailed notification; or
2070          (ii) a public hearing is required because all of the owners in the subdivision have not
2071     signed the revised plat.
2072          (2) Unless a local ordinance provides otherwise, the public hearing requirement of
2073     Subsection (1)[(c)](d) does not apply and a land use authority may consider at a public meeting

2074     an owner's petition [to vacate or amend a subdivision plat if] for a subdivision amendment if:
2075          (a) the petition seeks to:
2076          (i) join two or more of the petitioning fee owner's contiguous lots;
2077          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
2078     result in a violation of a land use ordinance or a development condition;
2079          (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
2080     adjoining lots or parcels join the petition, regardless of whether the lots or parcels are located in
2081     the same subdivision;
2082          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
2083     imposed by the local political subdivision; or
2084          (v) alter the plat in a manner that does not change existing boundaries or other
2085     attributes of lots within the subdivision that are not:
2086          (A) owned by the petitioner; or
2087          (B) designated as a common area; and
2088          (b) notice has been given to adjacent property owners in accordance with any
2089     applicable local ordinance.
2090          (3) [Each request to vacate or amend a plat] A petition under Subsection (1)(a) that
2091     contains a request to [vacate or] amend a public street or county utility easement is also subject
2092     to Section 17-27a-609.5.
2093          (4) [Each] A petition [to vacate or] under Subsection (1)(a) that contains a request to
2094     amend an entire plat or a portion of a plat shall include:
2095          (a) the name and address of each owner of record of the land contained in:
2096          (i) the entire plat; or
2097          (ii) that portion of the plan described in the petition; and
2098          (b) the signature of each owner who consents to the petition.
2099          (5) (a) The owners of record of adjacent parcels that are described by either a metes
2100     and bounds description or by a recorded plat may exchange title to portions of those parcels if
2101     the exchange of title is approved by the land use authority in accordance with Subsection
2102     (5)(b).
2103          (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
2104     the exchange of title will not result in a violation of any land use ordinance.

2105          (c) If an exchange of title is approved under Subsection (5)(b):
2106          (i) a notice of approval shall be recorded in the office of the county recorder which:
2107          (A) is executed by each owner included in the exchange and by the land use authority;
2108          (B) contains an acknowledgment for each party executing the notice in accordance with
2109     the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
2110          (C) recites the descriptions of both the original parcels and the parcels created by the
2111     exchange of title; and
2112          (ii) a document of conveyance of title reflecting the approved change shall be recorded
2113     in the office of the county recorder.
2114          (d) A notice of approval recorded under this Subsection (5) does not act as a
2115     conveyance of title to real property and is not required to record a document conveying title to
2116     real property.
2117          (6) (a) The name of a recorded subdivision may be changed by recording an amended
2118     plat making that change, as provided in this section and subject to Subsection (6)(c).
2119          (b) The surveyor preparing the amended plat shall certify that the surveyor:
2120          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2121     Professional Land Surveyors Licensing Act;
2122          (ii) has completed a survey of the property described on the plat in accordance with
2123     Section 17-23-17 and has verified all measurements; and
2124          (iii) has placed monuments as represented on the plat.
2125          (c) An owner of land may not submit for recording an amended plat that gives the
2126     subdivision described in the amended plat the same name as a subdivision recorded in the
2127     county recorder's office.
2128          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
2129     document that purports to change the name of a recorded plat is void.
2130          Section 25. Section 17-27a-609.5 is amended to read:
2131          17-27a-609.5. Petition to vacate a public street.
2132          (1) In lieu of vacating some or all of a public street through a plat or amended plat in
2133     accordance with Sections 17-27a-603 through 17-27a-609, a legislative body may approve a
2134     petition to vacate a public street in accordance with this section.
2135          (2) A petition to vacate some or all of a public street or county utility easement shall

2136     include:
2137          (a) the name and address of each owner of record of land that is:
2138          (i) adjacent to the public street or county utility easement between the two nearest
2139     public street intersections; or
2140          (ii) accessed exclusively by or within 300 feet of the public street or county utility
2141     easement;
2142          (b) proof of written notice to operators of utilities located within the bounds of the
2143     public street or county utility easement sought to be vacated; and
2144          (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
2145          (3) If a petition is submitted containing a request to vacate some or all of a public street
2146     or county utility easement, the legislative body shall hold a public hearing in accordance with
2147     Section 17-27a-208 and determine whether:
2148          (a) good cause exists for the vacation; and
2149          (b) the public interest or any person will be materially injured by the proposed
2150     vacation.
2151          (4) The legislative body may adopt an ordinance granting a petition to vacate some or
2152     all of a public street or county utility easement if the legislative body finds that:
2153          (a) good cause exists for the vacation; and
2154          (b) neither the public interest nor any person will be materially injured by the vacation.
2155          (5) If the legislative body adopts an ordinance vacating some or all of a public street or
2156     county utility easement, the legislative body shall ensure that one or both of the following is
2157     recorded in the office of the recorder of the county in which the land is located:
2158          (a) a plat reflecting the vacation; or
2159          (b) (i) an ordinance described in Subsection (4); and
2160          (ii) a legal description of the public street to be vacated.
2161          (6) The action of the legislative body vacating some or all of a public street or county
2162     utility easement that has been dedicated to public use:
2163          (a) operates to the extent to which it is vacated, upon the effective date of the recorded
2164     plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county's
2165     fee in the vacated street, right-of-way, or easement; and
2166          (b) may not be construed to impair:

2167          (i) any right-of-way or easement of any parcel or lot owner; or
2168          (ii) the rights of any public utility.
2169          (7) (a) A county may submit a petition, in accordance with Subsection (2), and initiate
2170     and complete a process to vacate some or all of a public street.
2171          (b) If a county submits a petition and initiates a process under Subsection (7)(a):
2172          (i) the legislative body shall hold a public hearing;
2173          (ii) the petition and process may not apply to or affect a public utility easement, except
2174     to the extent:
2175          (A) the easement is not a protected utility easement as defined in Section 54-3-27;
2176          (B) the easement is included within the public street; and
2177          (C) the notice to vacate the public street also contains a notice to vacate the easement;
2178     and
2179          (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
2180     a public street through a recorded plat or amended plat.
2181          Section 26. Section 17-27a-611 is amended to read:
2182          17-27a-611. Prohibited acts.
2183          (1) (a) [An] If a subdivision requires a plat, an owner of any land located in a
2184     subdivision who transfers or sells any land in that subdivision before a plat of the subdivision
2185     has been approved and recorded violates this part for each lot or parcel transferred or sold.
2186          (b) The description by metes and bounds in an instrument of transfer or other
2187     documents used in the process of selling or transferring does not exempt the transaction from
2188     being a violation of Subsection (1)(a) or from the penalties or remedies provided in this
2189     chapter.
2190          (c) Notwithstanding any other provision of this Subsection (1), the recording of an
2191     instrument of transfer or other document used in the process of selling or transferring real
2192     property that violates this part:
2193          (i) does not affect the validity of the instrument or other document; and
2194          (ii) does not affect whether the property that is the subject of the instrument or other
2195     document complies with applicable county ordinances on land use and development.
2196          (2) (a) A county may bring an action against an owner to require the property to
2197     conform to the provisions of this part or an ordinance enacted under the authority of this part.

2198          (b) An action under this Subsection (2) may include an injunction[, abatement, merger
2199     of title,] or any other appropriate action or proceeding to prevent[,] or enjoin[, or abate] the
2200     violation.
2201          (c) A county need only establish the violation to obtain the injunction.
2202          Section 27. Section 17-27a-701 is amended to read:
2203          17-27a-701. Appeal authority required -- Condition precedent to judicial review
2204     -- Appeal authority duties.
2205          (1) Each county adopting a land use ordinance shall, by ordinance, establish one or
2206     more appeal authorities to hear and decide:
2207          (a) requests for variances from the terms of the land use ordinances;
2208          (b) appeals from decisions applying the land use ordinances; and
2209          (c) appeals from a fee charged in accordance with Section 17-27a-509.
2210          (2) As a condition precedent to judicial review, each adversely affected person shall
2211     timely and specifically challenge a land use authority's decision, in accordance with local
2212     ordinance.
2213          (3) An appeal authority:
2214          (a) shall:
2215          (i) act in a quasi-judicial manner; and
2216          (ii) serve as the final arbiter of issues involving the interpretation or application of land
2217     use ordinances; and
2218          (b) may not entertain an appeal of a matter in which the appeal authority, or any
2219     participating member, had first acted as the land use authority.
2220          (4) By ordinance, a county may:
2221          (a) designate a separate appeal authority to hear requests for variances than the appeal
2222     authority it designates to hear appeals;
2223          (b) designate one or more separate appeal authorities to hear distinct types of appeals
2224     of land use authority decisions;
2225          (c) require an adversely affected party to present to an appeal authority every theory of
2226     relief that it can raise in district court;
2227          (d) not require [an] a land use applicant or adversely affected party to pursue duplicate
2228     or successive appeals before the same or separate appeal authorities as a condition of [the

2229     adversely affected] an appealing party's duty to exhaust administrative remedies; and
2230          (e) provide that specified types of land use decisions may be appealed directly to the
2231     district court.
2232          (5) If the county establishes or, prior to the effective date of this chapter, has
2233     established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
2234     board, body, or panel shall:
2235          (a) notify each of its members of any meeting or hearing of the board, body, or panel;
2236          (b) provide each of its members with the same information and access to municipal
2237     resources as any other member;
2238          (c) convene only if a quorum of its members is present; and
2239          (d) act only upon the vote of a majority of its convened members.
2240          Section 28. Section 17-27a-703 is amended to read:
2241          17-27a-703. Appealing a land use authority's decision -- Panel of experts for
2242     appeals of geologic hazard decisions.
2243          (1) The land use applicant, a board or officer of the county, or [any person adversely
2244     affected by the land use authority's decision administering or interpreting a land use ordinance]
2245     an adversely affected party may, within the time period provided by ordinance, appeal that
2246     decision to the appeal authority by alleging that there is error in any order, requirement,
2247     decision, or determination made by the land use authority in the administration or interpretation
2248     of the land use ordinance.
2249          (2) (a) [An] A land use applicant who has appealed a decision of the land use authority
2250     administering or interpreting the county's geologic hazard ordinance may request the county to
2251     assemble a panel of qualified experts to serve as the appeal authority for purposes of
2252     determining the technical aspects of the appeal.
2253          (b) If [an] a land use applicant makes a request under Subsection (2)(a), the county
2254     shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed
2255     by the land use applicant and county:
2256          (i) one expert designated by the county;
2257          (ii) one expert designated by the land use applicant; and
2258          (iii) one expert chosen jointly by the county's designated expert and the applicant's land
2259     use designated expert.

2260          (c) A member of the panel assembled by the county under Subsection (2)(b) may not
2261     be associated with the application that is the subject of the appeal.
2262          (d) The land use applicant shall pay:
2263          (i) 1/2 of the cost of the panel; and
2264          (ii) the county's published appeal fee.
2265          Section 29. Section 17-27a-704 is amended to read:
2266          17-27a-704. Time to appeal.
2267          (1) The county shall enact an ordinance establishing a reasonable time of not less than
2268     10 days to appeal to an appeal authority a written decision issued by a land use authority.
2269          (2) In the absence of an ordinance establishing a reasonable time to appeal, [an] a land
2270     use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal
2271     authority a written decision issued by a land use authority.
2272          Section 30. Section 17-27a-801 is amended to read:
2273          17-27a-801. No district court review until administrative remedies exhausted --
2274     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
2275     -- Staying of decision.
2276          (1) No person may challenge in district court a land use decision until that person has
2277     exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
2278     Variances, if applicable.
2279          (2) (a) [Any person adversely affected by a final decision made in the exercise of or in
2280     violation of the provisions of this chapter] A land use applicant or adversely affected party may
2281     file a petition for review of the decision with the district court within 30 days after the decision
2282     is final.
2283          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
2284     property owner files a request for arbitration of a constitutional taking issue with the property
2285     rights ombudsman under Section 13-43-204 until 30 days after:
2286          (A) the arbitrator issues a final award; or
2287          (B) the property rights ombudsman issues a written statement under Subsection
2288     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
2289          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
2290     taking issue that is the subject of the request for arbitration filed with the property rights

2291     ombudsman by a property owner.
2292          (iii) A request for arbitration filed with the property rights ombudsman after the time
2293     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
2294          (3) (a) A court shall:
2295          (i) presume that a land use regulation properly enacted under the authority of this
2296     chapter is valid; and
2297          (ii) determine only whether:
2298          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
2299     or federal law; and
2300          (B) it is reasonably debatable that the land use regulation is consistent with this
2301     chapter.
2302          (b) A court shall:
2303          (i) presume that a final decision of a land use authority or an appeal authority is valid;
2304     and
2305          (ii) uphold the decision unless the decision is:
2306          (A) arbitrary and capricious; or
2307          (B) illegal.
2308          (c) (i) A decision is arbitrary and capricious if the decision is not supported by
2309     substantial evidence in the record.
2310          (ii) A decision is illegal if the decision is:
2311          (A) based on an incorrect interpretation of a land use regulation; or
2312          (B) contrary to law.
2313          (d) (i) A court may affirm or reverse the decision of a land use authority.
2314          (ii) If the court reverses a denial of a land use application, the court shall remand the
2315     matter to the land use authority with instructions to issue an approval consistent with the court's
2316     decision.
2317          (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
2318     final action on a land use application [for any adversely affected third party], if the county
2319     conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
2320     of the pending decision.
2321          (5) If the county has complied with Section 17-27a-205, a challenge to the enactment

2322     of a land use regulation or general plan may not be filed with the district court more than 30
2323     days after the enactment.
2324          (6) A challenge to a land use decision is barred unless the challenge is filed within 30
2325     days after the land use decision is final.
2326          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
2327     the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
2328     available, a true and correct transcript of its proceedings.
2329          (b) If the proceeding was recorded, a transcript of that recording is a true and correct
2330     transcript for purposes of this Subsection (7).
2331          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
2332     by the land use authority or appeal authority, as the case may be.
2333          (ii) The court may not accept or consider any evidence outside the record of the land
2334     use authority or appeal authority, as the case may be, unless that evidence was offered to the
2335     land use authority or appeal authority, respectively, and the court determines that it was
2336     improperly excluded.
2337          (b) If there is no record, the court may call witnesses and take evidence.
2338          (9) (a) The filing of a petition does not stay the decision of the land use authority or
2339     appeal authority, as the case may be.
2340          (b) (i) Before filing a petition under this section or a request for mediation or
2341     arbitration of a constitutional taking issue under Section 13-43-204, [the aggrieved party] a
2342     land use applicant may petition the appeal authority to stay its decision.
2343          (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
2344     pending district court review if the appeal authority finds it to be in the best interest of the
2345     county.
2346          (iii) After a petition is filed under this section or a request for mediation or arbitration
2347     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
2348     injunction staying the appeal authority's decision.
2349          (10) If the court determines that a party initiated or pursued a challenge to the decision
2350     on a land use application in bad faith, the court may award attorney fees.
2351          Section 31. Section 17-27a-802 is amended to read:
2352          17-27a-802. Enforcement.

2353          (1) (a) A county [or any adversely affected owner of real estate within the county in
2354     which violations of this chapter or ordinances enacted under the authority of this chapter occur
2355     or are about to occur] may, in addition to other remedies provided by law, institute:
2356          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
2357          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
2358          (b) A county need only establish the violation to obtain the injunction.
2359          (2) (a) A county may enforce the county's ordinance by withholding a building permit.
2360          (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
2361     building or other structure within a county without approval of a building permit.
2362          (c) The county may not issue a building permit unless the plans of and for the proposed
2363     erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
2364     effect.
2365          (d) A county may not deny an applicant a building permit or certificate of occupancy
2366     because the applicant has not completed an infrastructure improvement:
2367          (i) that is not essential to meet the requirements for the issuance of a building permit or
2368     certificate of occupancy under the building code and fire code; and
2369          (ii) for which the county has accepted an improvement completion assurance for
2370     landscaping or infrastructure improvements for the development.
2371          Section 32. Section 63I-2-217 is amended to read:
2372          63I-2-217. Repeal dates -- Title 17.
2373          (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
2374          (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
2375     Council, is repealed January 1, 2021.
2376          (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
2377     planning district" is repealed June 1, 2021.
2378          (4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
2379     repealed June 1, 2021.
2380          (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
2381     June 1, 2021.
2382          (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
2383     district area" is repealed June 1, 2021.

2384          (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
2385     repealed June 1, 2021.
2386          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
2387     June 1, 2021.
2388          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
2389     (1)(a) or (c)" is repealed June 1, 2021.
2390          (7) Section 17-27a-302, the language that states ", or mountainous planning district"
2391     and "or the mountainous planning district," is repealed June 1, 2021.
2392          (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
2393     district or" and ", as applicable" is repealed June 1, 2021.
2394          (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
2395     repealed June 1, 2021.
2396          (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
2397     June 1, 2021.
2398          (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
2399     repealed June 1, 2021.
2400          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
2401     repealed June 1, 2021.
2402          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
2403     planning district" is repealed June 1, 2021.
2404          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
2405     district" is repealed June 1, 2021.
2406          (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
2407     repealed June 1, 2021.
2408          (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
2409     repealed June 1, 2021.
2410          (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
2411     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
2412          (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
2413     repealed June 1, 2021.
2414          (15) Subsection 17-27a-605(1)(a), the language that states "or mountainous planning

2415     district land" is repealed June 1, 2021.
2416          (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2417     2021.
2418          (17) On June 1, 2021, when making the changes in this section, the Office of
2419     Legislative Research and General Counsel shall:
2420          (a) in addition to its authority under Subsection 36-12-12(3):
2421          (i) make corrections necessary to ensure that sections and subsections identified in this
2422     section are complete sentences and accurately reflect the office's understanding of the
2423     Legislature's intent; and
2424          (ii) make necessary changes to subsection numbering and cross references; and
2425          (b) identify the text of the affected sections and subsections based upon the section and
2426     subsection numbers used in Laws of Utah 2017, Chapter 448.
2427          (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
2428     in a designated recreation area, is repealed June 1, 2021.
2429          (19) On June 1, 2020:
2430          (a) Section 17-52a-104 is repealed;
2431          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
2432     described in Subsection 17-52a-104(2)," is repealed;
2433          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
2434          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
2435     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
2436     in effect on March 14, 2018," is repealed; and
2437          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
2438     pending process described in Section 17-52a-104, the attorney's report that is described in
2439     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
2440     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
2441     2018," is repealed.
2442          (20) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
2443          Section 33. Section 63J-4-607 is amended to read:
2444          63J-4-607. Resource management plan administration.
2445          (1) The office shall consult with the Federalism Commission before expending funds

2446     appropriated by the Legislature for the implementation of this section.
2447          (2) To the extent that the Legislature appropriates sufficient funding, the office may
2448     procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
2449     Procurement Code, to assist the office with the office's responsibilities described in Subsection
2450     (3).
2451          (3) The office shall:
2452          (a) assist each county with the creation of the county's resource management plan by:
2453          (i) consulting with the county on policy and legal issues related to the county's resource
2454     management plan; and
2455          (ii) helping the county ensure that the county's resource management plan meets the
2456     requirements of Subsection 17-27a-401(3);
2457          (b) promote quality standards among all counties' resource management plans; and
2458          (c) upon submission by a county, review and verify the county's:
2459          (i) estimated cost for creating a resource management plan; and
2460          (ii) actual cost for creating a resource management plan.
2461          (4) (a) A county shall cooperate with the office, or an entity procured by the office
2462     under Subsection (2), with regards to the office's responsibilities under Subsection (3).
2463          (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
2464     accordance with Subsection (4)(c), provide funding to a county before the county completes a
2465     resource management plan.
2466          (c) The office may provide pre-completion funding described in Subsection (4)(b):
2467          (i) after:
2468          (A) the county submits an estimated cost for completing the resource management plan
2469     to the office; and
2470          (B) the office reviews and verifies the estimated cost in accordance with Subsection
2471     (3)(c)(i); and
2472          (ii) in an amount up to:
2473          (A) 50% of the estimated cost of completing the resource management plan, verified
2474     by the office; or
2475          (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
2476          (d) To the extent that the Legislature appropriates sufficient funding, the office shall

2477     provide funding to a county in the amount described in Subsection (4)(e) after:
2478          (i) a county's resource management plan:
2479          (A) meets the requirements described in Subsection 17-27a-401(3); and
2480          (B) is adopted under Subsection 17-27a-404[(6)](5)(d);
2481          (ii) the county submits the actual cost of completing the resource management plan to
2482     the office; and
2483          (iii) the office reviews and verifies the actual cost in accordance with Subsection
2484     (3)(c)(ii).
2485          (e) The office shall provide funding to a county under Subsection (4)(d) in an amount
2486     equal to the difference between:
2487          (i) the lesser of:
2488          (A) the actual cost of completing the resource management plan, verified by the office;
2489     or
2490          (B) $50,000; and
2491          (ii) the amount of any pre-completion funding that the county received under
2492     Subsections (4)(b) and (c).
2493          (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
2494     established in Subsection 17-27a-404[(6)](5)(d) for a county to adopt a resource management
2495     plan, the office shall:
2496          (a) obtain a copy of each county's resource management plan;
2497          (b) create a statewide resource management plan that:
2498          (i) meets the same requirements described in Subsection 17-27a-401(3); and
2499          (ii) to the extent reasonably possible, coordinates and is consistent with any resource
2500     management plan or land use plan established under Chapter 8, State of Utah Resource
2501     Management Plan for Federal Lands; and
2502          (c) submit a copy of the statewide resource management plan to the Federalism
2503     Commission for review.
2504          (6) Following review of the statewide resource management plan, the Federalism
2505     Commission shall prepare a concurrent resolution approving the statewide resource
2506     management plan for consideration during the 2018 General Session.
2507          (7) To the extent that the Legislature appropriates sufficient funding, the office shall

2508     provide legal support to a county that becomes involved in litigation with the federal
2509     government over the requirements of Subsection 17-27a-405(3).
2510          (8) After the statewide resource management plan is approved, as described in
2511     Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
2512     shall monitor the implementation of the statewide resource management plan at the federal,
2513     state, and local levels.