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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 ENACTS:
65 10-9a-529, Utah Code Annotated 1953
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 10-9a-103 is amended to read:
69 10-9a-103. Definitions.
70 As used in this chapter:
71 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
72 detached from a primary single-family dwelling and contained on one lot.
73 (2) "Adversely affected party" means a person other than a land use applicant who:
74 (a) owns real property adjoining the property that is the subject of a land use
75 application or land use decision; or
76 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
77 general community as a result of the land use decision.
78 [
79 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
80 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
81 public utility, property owner, property owners association, or the Utah Department of
82 Transportation, if:
83 (a) the entity's services or facilities are likely to require expansion or significant
84 modification because of an intended use of land;
85 (b) the entity has filed with the municipality a copy of the entity's general or long-range
86 plan; or
87 (c) the entity has filed with the municipality a request for notice during the same
88 calendar year and before the municipality provides notice to an affected entity in compliance
89 with a requirement imposed under this chapter.
90 [
91 (a) a single project;
92 (b) the subject of a land use approval that sponsors of a referendum timely challenged
93 in accordance with Subsection 20A-7-601(5)(a); and
94 (c) determined to be legally referable under Section 20A-7-602.8.
95 [
96 body designated by ordinance to decide an appeal of a decision of a land use application or a
97 variance.
98 [
99 commercial, or residential property if the sign is designed or intended to direct attention to a
100 business, product, or service that is not sold, offered, or existing on the property where the sign
101 is located.
102 [
103 (i) an operating charter school;
104 (ii) a charter school applicant that has its application approved by a charter school
105 authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
106 (iii) an entity that is working on behalf of a charter school or approved charter
107 applicant to develop or construct a charter school building.
108 (b) "Charter school" does not include a therapeutic school.
109 [
110 or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
111 be compatible in some areas or may be compatible only if certain conditions are required that
112 mitigate or eliminate the detrimental impacts.
113 [
114 private property so that compensation to the owner of the property is required by the:
115 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
116 (b) Utah Constitution Article I, Section 22.
117 [
118 with responsibility to review and approve the feasibility of the culinary water system and
119 sources for the subject property.
120 [
121 (a) any construction or expansion of a building, structure, or use that creates additional
122 demand and need for public facilities;
123 (b) any change in use of a building or structure that creates additional demand and need
124 for public facilities; or
125 (c) any change in the use of land that creates additional demand and need for public
126 facilities.
127 [
128 limits one or more of a person's major life activities, including a person having a record of such
129 an impairment or being regarded as having such an impairment.
130 (b) "Disability" does not include current illegal use of, or addiction to, any federally
131 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
132 802.
133 [
134 (a) means:
135 (i) a school district's building at which pupils assemble to receive instruction in a
136 program for any combination of grades from preschool through grade 12, including
137 kindergarten and a program for children with disabilities;
138 (ii) a structure or facility:
139 (A) located on the same property as a building described in Subsection [
140 (13)(a)(i); and
141 (B) used in support of the use of that building; and
142 (iii) a building to provide office and related space to a school district's administrative
143 personnel; and
144 (b) does not include:
145 (i) land or a structure, including land or a structure for inventory storage, equipment
146 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
147 (A) not located on the same property as a building described in Subsection [
148 (13)(a)(i); and
149 (B) used in support of the purposes of a building described in Subsection [
150 (13)(a)(i); or
151 (ii) a therapeutic school.
152 [
153 responsibility to review and approve the feasibility of fire protection and suppression services
154 for the subject property.
155 [
156 (a) is within the 100-year flood plain designated by the Federal Emergency
157 Management Agency; or
158 (b) has not been studied or designated by the Federal Emergency Management Agency
159 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
160 the land has characteristics that are similar to those of a 100-year flood plain designated by the
161 Federal Emergency Management Agency.
162 [
163 general guidelines for proposed future development of the land within the municipality.
164 [
165 (a) a surface fault rupture;
166 (b) shallow groundwater;
167 (c) liquefaction;
168 (d) a landslide;
169 (e) a debris flow;
170 (f) unstable soil;
171 (g) a rock fall; or
172 (h) any other geologic condition that presents a risk:
173 (i) to life;
174 (ii) of substantial loss of real property; or
175 (iii) of substantial damage to real property.
176 [
177 other body designated by a legislative body to:
178 (a) recommend land use regulations to preserve local historic districts or areas; and
179 (b) administer local historic preservation land use regulations within a local historic
180 district or area.
181 [
182 line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
183 other utility system.
184 [
185 (a) are clearly marked as "identical plans";
186 (b) are substantially identical to building plans that were previously submitted to and
187 reviewed and approved by the municipality; and
188 (c) describe a building that:
189 (i) is located on land zoned the same as the land on which the building described in the
190 previously approved plans is located;
191 (ii) is subject to the same geological and meteorological conditions and the same law
192 as the building described in the previously approved plans;
193 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
194 and approved by the municipality; and
195 (iv) does not require any additional engineering or analysis.
196 [
197 36a, Impact Fees Act.
198 [
199 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
200 by a municipality to guaranty the proper completion of landscaping or an infrastructure
201 improvement required as a condition precedent to:
202 (a) recording a subdivision plat; or
203 (b) development of a commercial, industrial, mixed use, or multifamily project.
204 [
205 the applicant's installed and accepted landscaping or infrastructure improvement:
206 (a) complies with the municipality's written standards for design, materials, and
207 workmanship; and
208 (b) will not fail in any material respect, as a result of poor workmanship or materials,
209 within the improvement warranty period.
210 [
211 (a) no later than one year after a municipality's acceptance of required landscaping; or
212 (b) no later than one year after a municipality's acceptance of required infrastructure,
213 unless the municipality:
214 (i) determines for good cause that a one-year period would be inadequate to protect the
215 public health, safety, and welfare; and
216 (ii) has substantial evidence, on record:
217 (A) of prior poor performance by the applicant; or
218 (B) that the area upon which the infrastructure will be constructed contains suspect soil
219 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
220 [
221 essential for the public health and safety or that:
222 (a) is required for human occupation; and
223 (b) an applicant must install:
224 (i) in accordance with published installation and inspection specifications for public
225 improvements; and
226 (ii) whether the improvement is public or private, as a condition of:
227 (A) recording a subdivision plat;
228 (B) obtaining a building permit; or
229 (C) development of a commercial, industrial, mixed use, condominium, or multifamily
230 project.
231 [
232 platted designation that:
233 (a) runs with the land; and
234 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
235 the plat; or
236 (ii) designates a development condition that is enclosed within the perimeter of a lot
237 described on the plat.
238 [
239 designee, who submits a land use application regarding the property owner's land.
240 [
241 (a) means an application that is:
242 (i) required by a municipality; and
243 (ii) submitted by a land use applicant to obtain a land use decision; and
244 (b) does not mean an application to enact, amend, or repeal a land use regulation.
245 [
246 (a) a person, board, commission, agency, or body, including the local legislative body,
247 designated by the local legislative body to act upon a land use application; or
248 (b) if the local legislative body has not designated a person, board, commission,
249 agency, or body, the local legislative body.
250 [
251 authority or appeal authority regarding:
252 (a) a land use permit;
253 (b) a land use application; or
254 (c) the enforcement of a land use regulation, land use permit, or development
255 agreement.
256 [
257 [
258 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
259 specification, fee, or rule that governs the use or development of land;
260 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
261 and
262 (c) does not include:
263 (i) a land use decision of the legislative body acting as the land use authority, even if
264 the decision is expressed in a resolution or ordinance; or
265 (ii) a temporary revision to an engineering specification that does not materially:
266 (A) increase a land use applicant's cost of development compared to the existing
267 specification; or
268 (B) impact a land use applicant's use of land.
269 [
270 [
271 Government Entities - Local Districts, and any other governmental or quasi-governmental
272 entity that is not a county, municipality, school district, or the state.
273 [
274 (a) contains any combination of buildings, structures, sites, objects, landscape features,
275 archeological sites, or works of art that contribute to the historic preservation goals of a
276 legislative body; and
277 (b) is subject to land use regulations to preserve the historic significance of the local
278 historic district or area.
279 [
280 shown on a subdivision plat that has been recorded in the office of the county recorder.
281 [
282 adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
283 accordance with Section 10-9a-608, with the consent of the owners of record.
284 (b) "Lot line adjustment" does not mean a new boundary line that:
285 (i) creates an additional lot; or
286 (ii) constitutes a subdivision.
287 [
288 occupies:
289 (a) public transit rail right-of-way;
290 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
291 or
292 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
293 municipality or county and:
294 (i) a public transit district as defined in Section 17B-2a-802; or
295 (ii) an eligible political subdivision as defined in Section 59-12-2219.
296 [
297 occupancy by households with a gross household income equal to or less than 80% of the
298 median gross income for households of the same size in the county in which the city is located.
299 [
300 (a) is created or depicted on a plat recorded in a county recorder's office and is
301 described as a municipal utility easement [
302 use;
303 (b) is not a protected utility easement or a public utility easement as defined in Section
304 54-3-27;
305 [
306
307 [
308 [
309 [
310 occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
311 water, or communications or data lines; [
312 [
313
314 (d) is used or occupied with the consent of the municipality in accordance with an
315 authorized franchise or other agreement;
316 (e) (i) is used or occupied by a specified public utility in accordance with an authorized
317 franchise or other agreement; and
318 (ii) is located in a utility easement dedicated for public use; or
319 (f) is described in Section 10-9a-529 and is used by a specified public utility.
320 [
321 for time spent and expenses incurred in:
322 (a) verifying that building plans are identical plans; and
323 (b) reviewing and approving those minor aspects of identical plans that differ from the
324 previously reviewed and approved building plans.
325 [
326 (a) legally existed before its current land use designation; and
327 (b) because of one or more subsequent land use ordinance changes, does not conform
328 to the setback, height restrictions, or other regulations, excluding those regulations, which
329 govern the use of land.
330 [
331 (a) legally existed before its current land use designation;
332 (b) has been maintained continuously since the time the land use ordinance governing
333 the land changed; and
334 (c) because of one or more subsequent land use ordinance changes, does not conform
335 to the regulations that now govern the use of the land.
336 [
337 a county recorder's office that:
338 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
339 highways and other transportation facilities;
340 (b) provides a basis for restricting development in designated rights-of-way or between
341 designated setbacks to allow the government authorities time to purchase or otherwise reserve
342 the land; and
343 (c) has been adopted as an element of the municipality's general plan.
344 [
345 subdivision plat recorded in the office of the county recorder.
346 [
347 owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
348 line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
349 (i) none of the property identified in the agreement is subdivided land; or
350 (ii) the adjustment is to the boundaries of a single person's parcels.
351 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
352 line that:
353 (i) creates an additional parcel; or
354 (ii) constitutes a subdivision.
355 [
356 association, trust, governmental agency, or any other legal entity.
357 [
358 a municipality's legislative body that includes:
359 (a) an estimate of the existing supply of moderate income housing located within the
360 municipality;
361 (b) an estimate of the need for moderate income housing in the municipality for the
362 next five years;
363 (c) a survey of total residential land use;
364 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
365 income housing; and
366 (e) a description of the municipality's program to encourage an adequate supply of
367 moderate income housing.
368 [
369 professional land surveyor makes and prepares in accordance with Section 10-9a-603 or
370 57-8-13.
371 [
372 (a) is designated by a Utah Geological Survey map, county geologist map, or other
373 relevant map or report as needing further study to determine the area's potential for geologic
374 hazard; or
375 (b) has not been studied by the Utah Geological Survey or a county geologist but
376 presents the potential of geologic hazard because the area has characteristics similar to those of
377 a designated geologic hazard area.
378 [
379 (a) the federal government;
380 (b) the state;
381 (c) a county, municipality, school district, local district, special service district, or other
382 political subdivision of the state; or
383 (d) a charter school.
384 [
385 provided a reasonable opportunity to comment on the subject of the hearing.
386 [
387 under Title 52, Chapter 4, Open and Public Meetings Act.
388 [
389 public avenue, public boulevard, public parkway, public road, public lane, [
390
391 other public transportation easement, or other public way.
392 [
393 designates, by ordinance, as an area in which an owner of land may receive a transferable
394 development right.
395 [
396 accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
397 [
398 (a) in which more than one person with a disability resides; and
399 (b) (i) which is licensed or certified by the Department of Human Services under Title
400 62A, Chapter 2, Licensure of Programs and Facilities; or
401 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
402 21, Health Care Facility Licensing and Inspection Act.
403 [
404 prescribe in a public meeting:
405 (a) parliamentary order and procedure;
406 (b) ethical behavior; and
407 (c) civil discourse.
408 [
409 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
410 wastewater systems.
411 [
412 designates, by ordinance, as an area from which an owner of land may transfer a transferable
413 development right.
414 [
415 (a) the state;
416 (b) a school district; or
417 (c) a charter school.
418 [
419 or telephone corporation, as those terms are defined in Section 54-2-1.
420 [
421 [
422 subdivision plat.
423 [
424 to be divided into two or more lots or other division of land for the purpose, whether
425 immediate or future, for offer, sale, lease, or development either on the installment plan or
426 upon any and all other plans, terms, and conditions.
427 (b) "Subdivision" includes:
428 (i) the division or development of land whether by deed, metes and bounds description,
429 devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
430 includes all or a portion of a parcel or lot; and
431 (ii) except as provided in Subsection [
432 nonresidential uses, including land used or to be used for commercial, agricultural, and
433 industrial purposes.
434 (c) "Subdivision" does not include:
435 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
436 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
437 neither the resulting combined parcel nor the parcel remaining from the division or partition
438 violates an applicable land use ordinance;
439 (ii) an agreement recorded with the county recorder's office between owners of
440 adjoining unsubdivided properties adjusting the mutual boundary by a boundary line agreement
441 in accordance with Section 57-1-45 if:
442 (A) no new lot is created; and
443 (B) the adjustment does not violate applicable land use ordinances;
444 (iii) a recorded document, executed by the owner of record:
445 (A) revising the legal description of more than one contiguous parcel of property that is
446 not subdivided land into one legal description encompassing all such parcels of property; or
447 (B) joining a subdivided parcel of property to another parcel of property that has not
448 been subdivided, if the joinder does not violate applicable land use ordinances;
449 (iv) an agreement between owners of adjoining subdivided properties adjusting the
450 mutual lot line boundary in accordance with Section 10-9a-603 if:
451 (A) no new dwelling lot or housing unit will result from the adjustment; and
452 (B) the adjustment will not violate any applicable land use ordinance;
453 (v) a bona fide division or partition of land by deed or other instrument where the land
454 use authority expressly approves in writing the division in anticipation of further land use
455 approvals on the parcel or parcels;
456 (vi) a parcel boundary adjustment;
457 (vii) a lot line adjustment;
458 (viii) a road, street, or highway dedication plat; or
459 (ix) a deed or easement for a road, street, or highway purpose.
460 (d) The joining of a subdivided parcel of property to another parcel of property that has
461 not been subdivided does not constitute a subdivision under this Subsection [
462 the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
463 subdivision ordinance.
464 (66) "Subdivision amendment" means an amendment to a recorded subdivision in
465 accordance with Section 10-9a-608 that:
466 (a) vacates all or a portion of the subdivision;
467 (b) alters the outside boundary of the subdivision;
468 (c) changes the number of lots within the subdivision;
469 (d) alters a public right-of-way, a public easement, or public infrastructure within the
470 subdivision; or
471 (e) alters a common area or other common amenity within the subdivision.
472 [
473 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
474 3% swell potential;
475 (b) bedrock units with high shrink or swell susceptibility; or
476 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
477 commonly associated with dissolution and collapse features.
478 [
479 (a) for four or more individuals who are not related to:
480 (i) the owner of the facility; or
481 (ii) the primary service provider of the facility;
482 (b) that serves students who have a history of failing to function:
483 (i) at home;
484 (ii) in a public school; or
485 (iii) in a nonresidential private school; and
486 (c) that offers:
487 (i) room and board; and
488 (ii) an academic education integrated with:
489 (A) specialized structure and supervision; or
490 (B) services or treatment related to a disability, an emotional development, a
491 behavioral development, a familial development, or a social development.
492 [
493 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
494 land use rights from a designated sending zone to a designated receiving zone.
495 [
496 or town.
497 [
498 (a) each of the rights listed in Section 73-1-11; and
499 (b) an ownership interest in the right to the beneficial use of water represented by:
500 (i) a contract; or
501 (ii) a share in a water company, as defined in Section 73-3-3.5.
502 [
503 depicts land use zones, overlays, or districts.
504 Section 2. Section 10-9a-302 is amended to read:
505 10-9a-302. Planning commission powers and duties.
506 (1) The planning commission shall review and make a recommendation to the
507 legislative body for:
508 (a) a general plan and amendments to the general plan;
509 (b) land use regulations[
510 (i) ordinances regarding the subdivision of land within the municipality; and
511 (ii) amendments to existing land use regulations;
512 (c) an appropriate delegation of power to at least one designated land use authority to
513 hear and act on a land use application;
514 (d) an appropriate delegation of power to at least one appeal authority to hear and act
515 on an appeal from a decision of the land use authority; and
516 (e) application processes that:
517 (i) may include a designation of routine land use matters that, upon application and
518 proper notice, will receive informal streamlined review and action if the application is
519 uncontested; and
520 (ii) shall protect the right of each:
521 (A) land use applicant and [
522 consideration of any application by a land use authority;
523 (B) land use applicant[
524 to appeal a land use authority's decision to a separate appeal authority; and
525 (C) participant to be heard in each public hearing on a contested application.
526 (2) Before making a recommendation to a legislative body on an item described in
527 Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
528 with Section 10-9a-404.
529 (3) A legislative body may adopt, modify, or reject a planning commission's
530 recommendation to the legislative body under this section.
531 (4) A legislative body may consider a planning commission's failure to make a timely
532 recommendation as a negative recommendation.
533 [
534 the actions described in this section.
535 Section 3. Section 10-9a-404 is amended to read:
536 10-9a-404. Public hearing by planning commission on proposed general plan or
537 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
538 by legislative body.
539 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
540 amend the general plan, the planning commission shall schedule and hold a public hearing on
541 the proposed plan or amendment.
542 (b) The planning commission shall provide notice of the public hearing, as required by
543 Section 10-9a-204.
544 (c) After the public hearing, the planning commission may modify the proposed
545 general plan or amendment.
546 (2) The planning commission shall forward the proposed general plan or amendment to
547 the legislative body.
548 (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
549 general plan or amendment that it considers appropriate.
550 [
551
552
553 (b) If the municipal legislative body rejects the proposed general plan or amendment, it
554 may provide suggestions to the planning commission for [
555 commission's review and recommendation.
556 [
557 (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
558 (b) a transportation and traffic circulation element as provided in Subsection
559 10-9a-403(2)(a)(ii); and
560 (c) for a municipality, other than a town, after considering the factors included in
561 Subsection 10-9a-403(2)(b)(ii), a plan to provide a realistic opportunity to meet the need for
562 additional moderate income housing within the next five years.
563 Section 4. Section 10-9a-408 is amended to read:
564 10-9a-408. Reporting requirements and civil action regarding moderate income
565 housing element of general plan.
566 (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
567 shall annually:
568 (a) review the moderate income housing plan element of the municipality's general
569 plan and implementation of that element of the general plan;
570 (b) prepare a report on the findings of the review described in Subsection (1)(a); and
571 (c) post the report described in Subsection (1)(b) on the municipality's website.
572 (2) The report described in Subsection (1) shall include:
573 (a) a revised estimate of the need for moderate income housing in the municipality for
574 the next five years;
575 (b) a description of progress made within the municipality to provide moderate income
576 housing, demonstrated by analyzing and publishing data on the number of housing units in the
577 municipality that are at or below:
578 (i) 80% of the adjusted median family income;
579 (ii) 50% of the adjusted median family income; and
580 (iii) 30% of the adjusted median family income;
581 (c) a description of any efforts made by the municipality to utilize a moderate income
582 housing set-aside from a community reinvestment agency, redevelopment agency, or
583 community development and renewal agency; and
584 (d) a description of how the municipality has implemented any of the recommendations
585 related to moderate income housing described in Subsection 10-9a-403(2)(b)(iii).
586 (3) The legislative body of each municipality described in Subsection (1) shall send a
587 copy of the report under Subsection (1) to the Department of Workforce Services, the
588 association of governments in which the municipality is located, and, if located within the
589 boundaries of a metropolitan planning organization, the appropriate metropolitan planning
590 organization.
591 (4) In a civil action seeking enforcement or claiming a violation of this section or of
592 Subsection 10-9a-404[
593 injunctive or other equitable relief.
594 Section 5. Section 10-9a-509 is amended to read:
595 10-9a-509. Applicant's entitlement to land use application approval --
596 Municipality's requirements and limitations -- Vesting upon submission of development
597 plan and schedule.
598 (1) (a) (i) An applicant who has submitted a complete land use application as described
599 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
600 review of the application under the land use regulations:
601 (A) in effect on the date that the application is complete; and
602 (B) applicable to the application or to the information shown on the application.
603 (ii) An applicant is entitled to approval of a land use application if the application
604 conforms to the requirements of the applicable land use regulations, land use decisions, and
605 development standards in effect when the applicant submits a complete application and pays
606 application fees, unless:
607 (A) the land use authority, on the record, formally finds that a compelling,
608 countervailing public interest would be jeopardized by approving the application and specifies
609 the compelling, countervailing public interest in writing; or
610 (B) in the manner provided by local ordinance and before the applicant submits the
611 application, the municipality formally initiates proceedings to amend the municipality's land
612 use regulations in a manner that would prohibit approval of the application as submitted.
613 (b) The municipality shall process an application without regard to proceedings the
614 municipality initiated to amend the municipality's ordinances as described in Subsection
615 (1)(a)(ii)(B) if:
616 (i) 180 days have passed since the municipality initiated the proceedings; and
617 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
618 application as submitted.
619 (c) A land use application is considered submitted and complete when the applicant
620 provides the application in a form that complies with the requirements of applicable ordinances
621 and pays all applicable fees.
622 (d) A subsequent incorporation of a municipality or a petition that proposes the
623 incorporation of a municipality does not affect a land use application approved by a county in
624 accordance with Section 17-27a-508.
625 [
626 upon the applicant proceeding after approval to implement the approval with reasonable
627 diligence.
628 [
629 application a requirement that is not expressed in:
630 (i) this chapter;
631 (ii) a municipal ordinance; or
632 (iii) a municipal specification for public improvements applicable to a subdivision or
633 development that is in effect on the date that the applicant submits an application.
634 [
635 final, unexpired subdivision plat a requirement that is not expressed:
636 (i) in a land use permit;
637 (ii) on the subdivision plat;
638 (iii) in a document on which the land use permit or subdivision plat is based;
639 (iv) in the written record evidencing approval of the land use permit or subdivision
640 plat;
641 (v) in this chapter; or
642 (vi) in a municipal ordinance.
643 [
644 issuance of a certificate of occupancy or acceptance of subdivision improvements because of an
645 applicant's failure to comply with a requirement that is not expressed:
646 (i) in the building permit or subdivision plat, documents on which the building permit
647 or subdivision plat is based, or the written record evidencing approval of the land use permit or
648 subdivision plat; or
649 (ii) in this chapter or the municipality's ordinances.
650 [
651 occupancy where an applicant has met all requirements essential for the public health, public
652 safety, and general welfare of the occupants, in accordance with this chapter, unless:
653 (i) the applicant and the municipality have agreed in a written document to the
654 withholding of a certificate of occupancy; or
655 (ii) the applicant has not provided a financial assurance for required and uncompleted
656 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
657 legislative body adopts under this chapter.
658 (2) A municipality is bound by the terms and standards of applicable land use
659 regulations and shall comply with mandatory provisions of those regulations.
660 (3) A municipality may not, as a condition of land use application approval, require a
661 person filing a land use application to obtain documentation regarding a school district's
662 willingness, capacity, or ability to serve the development proposed in the land use application.
663 (4) Upon a specified public agency's submission of a development plan and schedule as
664 required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
665 specified public agency vests in the municipality's applicable land use maps, zoning map,
666 hookup fees, impact fees, other applicable development fees, and land use regulations in effect
667 on the date of submission.
668 (5) (a) If sponsors of a referendum timely challenge a project in accordance with
669 Subsection 20A-7-601(5)(a), the project's affected owner may rescind the project's land use
670 approval by delivering a written notice:
671 (i) to the local clerk as defined in Section 20A-7-101; and
672 (ii) no later than seven days after the day on which a petition for a referendum is
673 determined sufficient under Section 20A-7-607(5).
674 (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
675 rescinded and are of no further force or effect:
676 (i) the relevant land use approval; and
677 (ii) any land use regulation enacted specifically in relation to the land use approval.
678 Section 6. Section 10-9a-529 is enacted to read:
679 10-9a-529. Specified public utility located in a municipal utility easement.
680 A specified public utility may exercise each power of a public utility under Section
681 54-3-27 if the specified public utility uses an easement:
682 (1) with the consent of a municipality; and
683 (2) that is located within a municipal utility easement described in Subsection 10-9a-
684 103(40)(a) through (e).
685 Section 7. Section 10-9a-603 is amended to read:
686 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
687 acknowledgment, surveyor certification, and underground utility facility owner
688 verification of plat -- Recording plat.
689 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
690 subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
691 the land shall provide an accurate plat that describes or specifies:
692 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
693 the county recorder's office;
694 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
695 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
696 intended to be used as a street or for any other public use, and whether any such area is
697 reserved or proposed for dedication for a public purpose;
698 (c) the lot or unit reference, block or building reference, street or site address, street
699 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
700 and width of the blocks and lots intended for sale; and
701 (d) every existing right-of-way and easement grant of record for an underground
702 facility, as defined in Section 54-8a-2, and for any other utility facility.
703 (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the municipality's
704 ordinances and this part and has been approved by the culinary water authority, the sanitary
705 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
706 health department and the municipality consider the local health department's approval
707 necessary, the municipality shall approve the plat.
708 (b) Municipalities are encouraged to receive a recommendation from the fire authority
709 and the public safety answering point before approving a plat.
710 (c) A municipality may not require that a plat be approved or signed by a person or
711 entity who:
712 (i) is not an employee or agent of the municipality; or
713 (ii) does not:
714 (A) have a legal or equitable interest in the property within the proposed subdivision;
715 (B) provide a utility or other service directly to a lot within the subdivision;
716 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
717 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
718 relation to the plat; or
719 (D) provide culinary public water service whose source protection zone designated as
720 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
721 (d) For a subdivision application that includes land located within a notification zone,
722 as determined under Subsection (2)(f), the land use authority shall:
723 (i) within 20 days after the day on which a complete subdivision application is filed,
724 provide written notice of the application to the canal owner or associated canal operator contact
725 described in:
726 (A) Section 10-9a-211;
727 (B) Subsection 73-5-7(2); or
728 (C) Subsection (5)(c); and
729 (ii) wait to approve or reject the subdivision application for at least 20 days after the
730 day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
731 to receive input from the canal owner or associated canal operator, including input regarding:
732 (A) access to the canal;
733 (B) maintenance of the canal;
734 (C) canal protection; and
735 (D) canal safety.
736 (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
737 (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
738 canal owner or associated canal operator if:
739 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
740 (ii) the centerline alignment is available to the land use authority:
741 (A) from information provided by the canal company under Section 10-9a-211, using
742 mapping-grade global positioning satellite units or digitized data from the most recent aerial
743 photo available to the canal owner or associated canal operator;
744 (B) using the state engineer's inventory of canals under Section 73-5-7; or
745 (C) from information provided by a surveyor under Subsection (5)(c).
746 (3) The municipality may withhold an otherwise valid plat approval until the owner of
747 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
748 penalties owing on the land have been paid.
749 (4) (a) Within 30 days after approving a final plat under this section, a municipality
750 shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
751 inclusion in the unified statewide 911 emergency service database described in Subsection
752 63H-7a-304(4)(b):
753 (i) an electronic copy of the approved final plat; or
754 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
755 for construction within the bounds of the approved plat.
756 (b) If requested by the Automated Geographic Reference Center, a municipality that
757 approves a final plat under this section shall:
758 (i) coordinate with the Automated Geographic Reference Center to validate the
759 information described in Subsection (4)(a); and
760 (ii) assist the Automated Geographic Reference Center in creating electronic files that
761 contain the information described in Subsection (4)(a) for inclusion in the unified statewide
762 911 emergency service database.
763 (5) (a) A county recorder may not record a plat unless:
764 (i) prior to recordation, the municipality has approved and signed the plat;
765 (ii) each owner of record of land described on the plat has signed the owner's
766 dedication as shown on the plat; and
767 (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
768 provided by law.
769 (b) The surveyor making the plat shall certify that the surveyor:
770 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
771 Professional Land Surveyors Licensing Act;
772 (ii) has completed a survey of the property described on the plat in accordance with
773 Section 17-23-17 and has verified all measurements; and
774 (iii) has placed monuments as represented on the plat.
775 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
776 an existing or proposed underground facility or utility facility within the proposed subdivision,
777 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
778 depiction of the:
779 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
780 public or private easement, or grants of record;
781 (B) location of an existing underground facility and utility facility; and
782 (C) physical restrictions governing the location of the underground facility and utility
783 facility within the subdivision.
784 (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
785 (A) indicates only that the plat approximates the location of the existing underground
786 and utility facilities but does not warrant or verify their precise location; and
787 (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
788 Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
789 applicable to prescriptive rights, or any other provision of law.
790 (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
791 certified, and approved, the individual seeking to record the plat shall, within the time period
792 and manner designated by ordinance, record the plat in the county recorder's office in the
793 county in which the lands platted and laid out are situated.
794 (b) A failure to record a plat within the time period designated by ordinance renders the
795 plat voidable by the land use authority.
796 Section 8. Section 10-9a-604 is amended to read:
797 10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
798 (1) A person may not submit a subdivision plat to the county recorder's office for
799 recording unless:
800 (a) the person has complied with the requirements of Subsection 10-9a-603(5)(a);
801 (b) the plat has been approved by:
802 (i) the land use authority of the municipality in which the land described in the plat is
803 located; and
804 (ii) other officers that the municipality designates in its ordinance;
805 (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
806 designated officers; and
807 (d) if the person submitting the plat intends the plat to be or if the plat is part of a
808 community association subject to Title 57, Chapter 8a, Community Association Act, the plat
809 includes language conveying to the association, as that term is defined in Section 57-8a-102, all
810 common areas, as that term is defined in Section 57-8a-102.
811 (2) A subdivision plat recorded without the signatures required under this section is
812 void.
813 (3) A transfer of land pursuant to a void plat is voidable by the land use authority.
814 Section 9. Section 10-9a-605 is amended to read:
815 10-9a-605. Exemptions from plat requirement.
816 [
817
818
819 (1) Notwithstanding any other provision of law, a plat is not required if:
820 (a) a municipality establishes a process to approve an administrative land use decision
821 for a subdivision of 10 or fewer lots without a plat; and
822 (b) the municipality provides in writing that:
823 [
824 [
825 [
826 general plan unless the municipality has approved the location and dedication of any public
827 street, municipal utility easement, any other easement, or any other land for public purposes as
828 the municipality's ordinance requires;
829 [
830 authority;
831 [
832 [
833 variance from the requirements of an otherwise conflicting and applicable land use ordinance.
834 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
835 land is exempt from the plat requirements of Section 10-9a-603 if the lot or parcel:
836 (i) qualifies as land in agricultural use under Section 59-2-502;
837 (ii) meets the minimum size requirement of applicable land use ordinances; and
838 (iii) is not used and will not be used for any nonagricultural purpose.
839 (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
840 graphically illustrated on a record of survey map that, after receiving the same approvals as are
841 required for a plat under Section 10-9a-604, shall be recorded with the county recorder.
842 (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
843 purpose, the municipality may require the lot or parcel to comply with the requirements of
844 Section 10-9a-603.
845 (3) (a) Documents recorded in the county recorder's office that divide property by a
846 metes and bounds description do not create an approved subdivision allowed by this part unless
847 the land use authority's certificate of written approval required by Subsection (1) is attached to
848 the document.
849 (b) The absence of the certificate or written approval required by Subsection (1) does
850 not:
851 (i) prohibit the county recorder from recording a document; or
852 (ii) affect the validity of a recorded document.
853 (c) A document which does not meet the requirements of Subsection (1) may be
854 corrected by the recording of an affidavit to which the required certificate or written approval is
855 attached and that complies with Section 57-3-106.
856 Section 10. Section 10-9a-608 is amended to read:
857 10-9a-608. Subdivision amendments.
858 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
859 subdivision that has been laid out and platted as provided in this part may file a written petition
860 with the land use authority [
861 subdivision amendment.
862 (b) Upon filing a written petition to request a subdivision amendment under Subsection
863 (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
864 accordance with Section 10-9a-603 that:
865 (i) depicts only the portion of the subdivision that is proposed to be amended;
866 (ii) includes a plat name distinguishing the amended plat from the original plat;
867 (iii) describes the differences between the amended plat and the original plat; and
868 (iv) includes references to the original plat.
869 [
870 provide notice of the petition by mail, email, or other effective means to each affected entity
871 that provides a service to an owner of record of the portion of the plat that is being vacated or
872 amended at least 10 calendar days before the land use authority may approve the [
873
874 [
875 public hearing within 45 days after the day on which the petition is filed if:
876 (i) any owner within the plat notifies the municipality of the owner's objection in
877 writing within 10 days of mailed notification; or
878 (ii) a public hearing is required because all of the owners in the subdivision have not
879 signed the revised plat.
880 (2) Unless a local ordinance provides otherwise, the public hearing requirement of
881 Subsection (1)[
882 an owner's petition [
883 (a) the petition seeks to:
884 (i) join two or more of the petitioner fee owner's contiguous lots;
885 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
886 result in a violation of a land use ordinance or a development condition;
887 (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
888 adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located
889 in the same subdivision;
890 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
891 imposed by the local political subdivision; or
892 (v) alter the plat in a manner that does not change existing boundaries or other
893 attributes of lots within the subdivision that are not:
894 (A) owned by the petitioner; or
895 (B) designated as a common area; and
896 (b) notice has been given to adjacent property owners in accordance with any
897 applicable local ordinance.
898 (3) [
899 contains a request to [
900 subject to Section 10-9a-609.5.
901 (4) [
902 amend an entire plat or a portion of a plat shall include:
903 (a) the name and address of each owner of record of the land contained in the entire
904 plat or on that portion of the plat described in the petition; and
905 (b) the signature of each owner described in Subsection (4)(a) who consents to the
906 petition.
907 (5) (a) The owners of record of adjacent parcels that are described by either a metes
908 and bounds description or by a recorded plat may exchange title to portions of those parcels if
909 the exchange of title is approved by the land use authority in accordance with Subsection
910 (5)(b).
911 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
912 the exchange of title will not result in a violation of any land use ordinance.
913 (c) If an exchange of title is approved under Subsection (5)(b):
914 (i) a notice of approval shall be recorded in the office of the county recorder which:
915 (A) is executed by each owner included in the exchange and by the land use authority;
916 (B) contains an acknowledgment for each party executing the notice in accordance with
917 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
918 (C) recites the descriptions of both the original parcels and the parcels created by the
919 exchange of title; and
920 (ii) a document of conveyance shall be recorded in the office of the county recorder.
921 (d) A notice of approval recorded under this Subsection (5) does not act as a
922 conveyance of title to real property and is not required in order to record a document conveying
923 title to real property.
924 (6) (a) The name of a recorded subdivision may be changed by recording an amended
925 plat making that change, as provided in this section and subject to Subsection (6)(c).
926 (b) The surveyor preparing the amended plat shall certify that the surveyor:
927 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
928 Professional Land Surveyors Licensing Act;
929 (ii) has completed a survey of the property described on the plat in accordance with
930 Section 17-23-17 and has verified all measurements; and
931 (iii) has placed monuments as represented on the plat.
932 (c) An owner of land may not submit for recording an amended plat that gives the
933 subdivision described in the amended plat the same name as a subdivision in a plat already
934 recorded in the county recorder's office.
935 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
936 document that purports to change the name of a recorded plat is void.
937 Section 11. Section 10-9a-609.5 is amended to read:
938 10-9a-609.5. Petition to vacate a public street.
939 (1) In lieu of vacating some or all of a public street through a plat or amended plat in
940 accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a
941 petition to vacate a public street in accordance with this section.
942 (2) A petition to vacate some or all of a public street or municipal utility easement shall
943 include:
944 (a) the name and address of each owner of record of land that is:
945 (i) adjacent to the public street or municipal utility easement between the two nearest
946 public street intersections; or
947 (ii) accessed exclusively by or within 300 feet of the public street or municipal utility
948 easement;
949 (b) proof of written notice to operators of utilities located within the bounds of the
950 public street or municipal utility easement sought to be vacated; and
951 (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
952 (3) If a petition is submitted containing a request to vacate some or all of a public street
953 or municipal utility easement, the legislative body shall hold a public hearing in accordance
954 with Section 10-9a-208 and determine whether:
955 (a) good cause exists for the vacation; and
956 (b) the public interest or any person will be materially injured by the proposed
957 vacation.
958 (4) The legislative body may adopt an ordinance granting a petition to vacate some or
959 all of a public street or municipal utility easement if the legislative body finds that:
960 (a) good cause exists for the vacation; and
961 (b) neither the public interest nor any person will be materially injured by the vacation.
962 (5) If the legislative body adopts an ordinance vacating some or all of a public street or
963 municipal utility easement, the legislative body shall ensure that one or both of the following is
964 recorded in the office of the recorder of the county in which the land is located:
965 (a) a plat reflecting the vacation; or
966 (b) (i) an ordinance described in Subsection (4); and
967 (ii) a legal description of the public street to be vacated.
968 (6) The action of the legislative body vacating some or all of a public street or
969 municipal utility easement that has been dedicated to public use:
970 (a) operates to the extent to which it is vacated, upon the effective date of the recorded
971 plat or ordinance, as a revocation of the acceptance of and the relinquishment of the
972 municipality's fee in the vacated public street or municipal utility easement; and
973 (b) may not be construed to impair:
974 (i) any right-of-way or easement of any parcel or lot owner; or
975 (ii) the rights of any public utility.
976 (7) (a) A municipality may submit a petition, in accordance with Subsection (2), and
977 initiate and complete a process to vacate some or all of a public street.
978 (b) If a municipality submits a petition and initiates a process under Subsection (7)(a):
979 (i) the legislative body shall hold a public hearing;
980 (ii) the petition and process may not apply to or affect a public utility easement, except
981 to the extent:
982 (A) the easement is not a protected utility easement as defined in Section 54-3-27;
983 (B) the easement is included within the public street; and
984 (C) the notice to vacate the public street also contains a notice to vacate the easement;
985 and
986 (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
987 a public street through a recorded plat or amended plat.
988 Section 12. Section 10-9a-611 is amended to read:
989 10-9a-611. Prohibited acts.
990 (1) (a) (i) [
991 subdivision who transfers or sells any land in that subdivision before a plat of the subdivision
992 has been approved and recorded violates this part for each lot or parcel transferred or sold.
993 (ii) A violation of Subsection (1)(a)(i) is an infraction.
994 (b) The description by metes and bounds in an instrument of transfer or other
995 documents used in the process of selling or transferring does not exempt the transaction from
996 being a violation of Subsection (1)(a) or from the penalties or remedies provided in this
997 chapter.
998 (c) Notwithstanding any other provision of this Subsection (1), the recording of an
999 instrument of transfer or other document used in the process of selling or transferring real
1000 property that violates this part:
1001 (i) does not affect the validity of the instrument or other document; and
1002 (ii) does not affect whether the property that is the subject of the instrument or other
1003 document complies with applicable municipal ordinances on land use and development.
1004 (2) (a) A municipality may bring an action against an owner to require the property to
1005 conform to the provisions of this part or an ordinance enacted under the authority of this part.
1006 (b) An action under this Subsection (2) may include an injunction[
1007
1008 violation.
1009 (c) A municipality need only establish the violation to obtain the injunction.
1010 Section 13. Section 10-9a-701 is amended to read:
1011 10-9a-701. Appeal authority required -- Condition precedent to judicial review --
1012 Appeal authority duties.
1013 (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
1014 or more appeal authorities to hear and decide:
1015 (a) requests for variances from the terms of the land use ordinances;
1016 (b) appeals from decisions applying the land use ordinances; and
1017 (c) appeals from a fee charged in accordance with Section 10-9a-510.
1018 (2) As a condition precedent to judicial review, each adversely affected person shall
1019 timely and specifically challenge a land use authority's decision, in accordance with local
1020 ordinance.
1021 (3) An appeal authority:
1022 (a) shall:
1023 (i) act in a quasi-judicial manner; and
1024 (ii) serve as the final arbiter of issues involving the interpretation or application of land
1025 use ordinances, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
1026 for an appeal of an inland port use appeal decision, as defined in Section 11-58-401; and
1027 (b) may not entertain an appeal of a matter in which the appeal authority, or any
1028 participating member, had first acted as the land use authority.
1029 (4) By ordinance, a municipality may:
1030 (a) designate a separate appeal authority to hear requests for variances than the appeal
1031 authority it designates to hear appeals;
1032 (b) designate one or more separate appeal authorities to hear distinct types of appeals
1033 of land use authority decisions;
1034 (c) require an adversely affected party to present to an appeal authority every theory of
1035 relief that it can raise in district court;
1036 (d) not require [
1037 or successive appeals before the same or separate appeal authorities as a condition of [
1038
1039 (e) provide that specified types of land use decisions may be appealed directly to the
1040 district court.
1041 (5) If the municipality establishes or, prior to the effective date of this chapter, has
1042 established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
1043 board, body, or panel shall:
1044 (a) notify each of its members of any meeting or hearing of the board, body, or panel;
1045 (b) provide each of its members with the same information and access to municipal
1046 resources as any other member;
1047 (c) convene only if a quorum of its members is present; and
1048 (d) act only upon the vote of a majority of its convened members.
1049 Section 14. Section 10-9a-703 is amended to read:
1050 10-9a-703. Appealing a land use authority's decision -- Panel of experts for
1051 appeals of geologic hazard decisions -- Automatic appeal for certain decisions.
1052 (1) The land use applicant, a board or officer of the municipality, or [
1053
1054
1055 decision to the appeal authority by alleging that there is error in any order, requirement,
1056 decision, or determination made by the land use authority in the administration or interpretation
1057 of the land use ordinance.
1058 (2) (a) [
1059 administering or interpreting the municipality's geologic hazard ordinance may request the
1060 municipality to assemble a panel of qualified experts to serve as the appeal authority for
1061 purposes of determining the technical aspects of the appeal.
1062 (b) If [
1063 municipality shall assemble the panel described in Subsection (2)(a) consisting of, unless
1064 otherwise agreed by the applicant and municipality:
1065 (i) one expert designated by the municipality;
1066 (ii) one expert designated by the land use applicant; and
1067 (iii) one expert chosen jointly by the municipality's designated expert and the land use
1068 applicant's designated expert.
1069 (c) A member of the panel assembled by the municipality under Subsection (2)(b) may
1070 not be associated with the application that is the subject of the appeal.
1071 (d) The land use applicant shall pay:
1072 (i) 1/2 of the cost of the panel; and
1073 (ii) the municipality's published appeal fee.
1074 Section 15. Section 10-9a-704 is amended to read:
1075 10-9a-704. Time to appeal.
1076 (1) The municipality shall enact an ordinance establishing a reasonable time of not less
1077 than 10 days to appeal to an appeal authority a written decision issued by a land use authority.
1078 (2) In the absence of an ordinance establishing a reasonable time to appeal, [
1079 use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal
1080 authority a written decision issued by a land use authority.
1081 (3) Notwithstanding Subsections (1) and (2), for an appeal from a decision of a historic
1082 preservation authority regarding a land use application, the land use applicant may appeal the
1083 decision within 30 days after the day on which the historic preservation authority issues a
1084 written decision.
1085 Section 16. Section 10-9a-801 is amended to read:
1086 10-9a-801. No district court review until administrative remedies exhausted --
1087 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1088 -- Staying of decision.
1089 (1) No person may challenge in district court a land use decision until that person has
1090 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1091 Variances, if applicable.
1092 (2) (a) [
1093
1094 file a petition for review of the decision with the district court within 30 days after the decision
1095 is final.
1096 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1097 property owner files a request for arbitration of a constitutional taking issue with the property
1098 rights ombudsman under Section 13-43-204 until 30 days after:
1099 (A) the arbitrator issues a final award; or
1100 (B) the property rights ombudsman issues a written statement under Subsection
1101 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1102 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1103 taking issue that is the subject of the request for arbitration filed with the property rights
1104 ombudsman by a property owner.
1105 (iii) A request for arbitration filed with the property rights ombudsman after the time
1106 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1107 (3) (a) A court shall:
1108 (i) presume that a land use regulation properly enacted under the authority of this
1109 chapter is valid; and
1110 (ii) determine only whether:
1111 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1112 or federal law; and
1113 (B) it is reasonably debatable that the land use regulation is consistent with this
1114 chapter.
1115 (b) A court shall:
1116 (i) presume that a final decision of a land use authority or an appeal authority is valid;
1117 and
1118 (ii) uphold the decision unless the decision is:
1119 (A) arbitrary and capricious; or
1120 (B) illegal.
1121 (c) (i) A decision is arbitrary and capricious if the decision is not supported by
1122 substantial evidence in the record.
1123 (ii) A decision is illegal if the decision is:
1124 (A) based on an incorrect interpretation of a land use regulation; or
1125 (B) contrary to law.
1126 (d) (i) A court may affirm or reverse the decision of a land use authority.
1127 (ii) If the court reverses a land use authority's decision, the court shall remand the
1128 matter to the land use authority with instructions to issue a decision consistent with the court's
1129 ruling.
1130 (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
1131 takes final action on a land use application [
1132 municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
1133 actual notice of the pending decision.
1134 (5) If the municipality has complied with Section 10-9a-205, a challenge to the
1135 enactment of a land use regulation or general plan may not be filed with the district court more
1136 than 30 days after the enactment.
1137 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1138 days after the land use decision is final.
1139 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1140 the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
1141 available, a true and correct transcript of its proceedings.
1142 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1143 transcript for purposes of this Subsection (7).
1144 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1145 by the land use authority or appeal authority, as the case may be.
1146 (ii) The court may not accept or consider any evidence outside the record of the land
1147 use authority or appeal authority, as the case may be, unless that evidence was offered to the
1148 land use authority or appeal authority, respectively, and the court determines that it was
1149 improperly excluded.
1150 (b) If there is no record, the court may call witnesses and take evidence.
1151 (9) (a) The filing of a petition does not stay the decision of the land use authority or
1152 [
1153 (b) (i) Before filing a petition under this section or a request for mediation or
1154 arbitration of a constitutional taking issue under Section 13-43-204, [
1155 land use applicant may petition the appeal authority to stay its decision.
1156 (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
1157 pending district court review if the appeal authority finds it to be in the best interest of the
1158 municipality.
1159 (iii) After a petition is filed under this section or a request for mediation or arbitration
1160 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1161 injunction staying the appeal authority's decision.
1162 (10) If the court determines that a party initiated or pursued a challenge to the decision
1163 on a land use application in bad faith, the court may award attorney fees.
1164 Section 17. Section 10-9a-802 is amended to read:
1165 10-9a-802. Enforcement.
1166 (1) (a) A municipality [
1167
1168
1169 remedies provided by law, institute:
1170 (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1171 (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1172 (b) A municipality need only establish the violation to obtain the injunction.
1173 (2) (a) A municipality may enforce the municipality's ordinance by withholding a
1174 building permit.
1175 (b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any
1176 building or other structure within a municipality without approval of a building permit.
1177 (c) A municipality may not issue a building permit unless the plans of and for the
1178 proposed erection, construction, reconstruction, alteration, or use fully conform to all
1179 regulations then in effect.
1180 (d) A municipality may not deny an applicant a building permit or certificate of
1181 occupancy because the applicant has not completed an infrastructure improvement:
1182 (i) that is not essential to meet the requirements for the issuance of a building permit or
1183 certificate of occupancy under the building code and fire code; and
1184 (ii) for which the municipality has accepted an improvement completion assurance for
1185 landscaping or infrastructure improvements for the development.
1186 Section 18. Section 17-27a-103 is amended to read:
1187 17-27a-103. Definitions.
1188 As used in this chapter:
1189 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1190 detached from a primary single-family dwelling and contained on one lot.
1191 (2) "Adversely affected party" means a person other than a land use applicant who:
1192 (a) owns real property adjoining the property that is the subject of a land use
1193 application or land use decision; or
1194 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1195 general community as a result of the land use decision.
1196 [
1197 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1198 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1199 property owner, property owners association, public utility, or the Utah Department of
1200 Transportation, if:
1201 (a) the entity's services or facilities are likely to require expansion or significant
1202 modification because of an intended use of land;
1203 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1204 or
1205 (c) the entity has filed with the county a request for notice during the same calendar
1206 year and before the county provides notice to an affected entity in compliance with a
1207 requirement imposed under this chapter.
1208 [
1209 (a) a single project;
1210 (b) the subject of a land use approval that sponsors of a referendum timely challenged
1211 in accordance with Subsection 20A-7-601(5)(a); and
1212 (c) determined to be legally referable under Section 20A-7-602.8.
1213 [
1214 body designated by ordinance to decide an appeal of a decision of a land use application or a
1215 variance.
1216 [
1217 commercial, or residential property if the sign is designed or intended to direct attention to a
1218 business, product, or service that is not sold, offered, or existing on the property where the sign
1219 is located.
1220 [
1221 (i) an operating charter school;
1222 (ii) a charter school applicant that has its application approved by a charter school
1223 authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1224 (iii) an entity that is working on behalf of a charter school or approved charter
1225 applicant to develop or construct a charter school building.
1226 (b) "Charter school" does not include a therapeutic school.
1227 [
1228 executive powers of the county.
1229 [
1230 or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1231 compatible in some areas or may be compatible only if certain conditions are required that
1232 mitigate or eliminate the detrimental impacts.
1233 [
1234 of private property so that compensation to the owner of the property is required by the:
1235 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1236 (b) Utah Constitution, Article I, Section 22.
1237 [
1238 (a) a plat recorded in a county recorder's office described as a county utility easement
1239 or otherwise as a utility easement;
1240 (b) is not a protected utility easement or a public utility easement as defined in Section
1241 54-3-27;
1242 (c) the county or the county's affiliated governmental entity owns or creates; and
1243 (d) (i) either:
1244 (A) no person uses or occupies; or
1245 (B) the county or the county's affiliated governmental entity uses and occupies to
1246 provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1247 communications or data lines; or
1248 (ii) a person uses or occupies with or without an authorized franchise or other
1249 agreement with the county.
1250 [
1251 with responsibility to review and approve the feasibility of the culinary water system and
1252 sources for the subject property.
1253 [
1254 (a) any construction or expansion of a building, structure, or use that creates additional
1255 demand and need for public facilities;
1256 (b) any change in use of a building or structure that creates additional demand and need
1257 for public facilities; or
1258 (c) any change in the use of land that creates additional demand and need for public
1259 facilities.
1260 [
1261 limits one or more of a person's major life activities, including a person having a record of such
1262 an impairment or being regarded as having such an impairment.
1263 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1264 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1265 Sec. 802.
1266 [
1267 (a) means:
1268 (i) a school district's building at which pupils assemble to receive instruction in a
1269 program for any combination of grades from preschool through grade 12, including
1270 kindergarten and a program for children with disabilities;
1271 (ii) a structure or facility:
1272 (A) located on the same property as a building described in Subsection [
1273 (15)(a)(i); and
1274 (B) used in support of the use of that building; and
1275 (iii) a building to provide office and related space to a school district's administrative
1276 personnel; and
1277 (b) does not include:
1278 (i) land or a structure, including land or a structure for inventory storage, equipment
1279 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1280 (A) not located on the same property as a building described in Subsection [
1281 (15)(a)(i); and
1282 (B) used in support of the purposes of a building described in Subsection [
1283 (15)(a)(i); or
1284 (ii) a therapeutic school.
1285 [
1286 responsibility to review and approve the feasibility of fire protection and suppression services
1287 for the subject property.
1288 [
1289 (a) is within the 100-year flood plain designated by the Federal Emergency
1290 Management Agency; or
1291 (b) has not been studied or designated by the Federal Emergency Management Agency
1292 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1293 the land has characteristics that are similar to those of a 100-year flood plain designated by the
1294 Federal Emergency Management Agency.
1295 [
1296 [
1297 general guidelines for proposed future development of:
1298 (a) the unincorporated land within the county; or
1299 (b) for a mountainous planning district, the land within the mountainous planning
1300 district.
1301 [
1302 (a) a surface fault rupture;
1303 (b) shallow groundwater;
1304 (c) liquefaction;
1305 (d) a landslide;
1306 (e) a debris flow;
1307 (f) unstable soil;
1308 (g) a rock fall; or
1309 (h) any other geologic condition that presents a risk:
1310 (i) to life;
1311 (ii) of substantial loss of real property; or
1312 (iii) of substantial damage to real property.
1313 [
1314 line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
1315 utility system.
1316 [
1317 (a) are clearly marked as "identical plans";
1318 (b) are substantially identical building plans that were previously submitted to and
1319 reviewed and approved by the county; and
1320 (c) describe a building that:
1321 (i) is located on land zoned the same as the land on which the building described in the
1322 previously approved plans is located;
1323 (ii) is subject to the same geological and meteorological conditions and the same law
1324 as the building described in the previously approved plans;
1325 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1326 and approved by the county; and
1327 (iv) does not require any additional engineering or analysis.
1328 [
1329 36a, Impact Fees Act.
1330 [
1331 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1332 by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1333 required as a condition precedent to:
1334 (a) recording a subdivision plat; or
1335 (b) development of a commercial, industrial, mixed use, or multifamily project.
1336 [
1337 the applicant's installed and accepted landscaping or infrastructure improvement:
1338 (a) complies with the county's written standards for design, materials, and
1339 workmanship; and
1340 (b) will not fail in any material respect, as a result of poor workmanship or materials,
1341 within the improvement warranty period.
1342 [
1343 (a) no later than one year after a county's acceptance of required landscaping; or
1344 (b) no later than one year after a county's acceptance of required infrastructure, unless
1345 the county:
1346 (i) determines for good cause that a one-year period would be inadequate to protect the
1347 public health, safety, and welfare; and
1348 (ii) has substantial evidence, on record:
1349 (A) of prior poor performance by the applicant; or
1350 (B) that the area upon which the infrastructure will be constructed contains suspect soil
1351 and the county has not otherwise required the applicant to mitigate the suspect soil.
1352 [
1353 essential for the public health and safety or that:
1354 (a) is required for human consumption; and
1355 (b) an applicant must install:
1356 (i) in accordance with published installation and inspection specifications for public
1357 improvements; and
1358 (ii) as a condition of:
1359 (A) recording a subdivision plat;
1360 (B) obtaining a building permit; or
1361 (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1362 project.
1363 [
1364 platted designation that:
1365 (a) runs with the land; and
1366 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1367 the plat; or
1368 (ii) designates a development condition that is enclosed within the perimeter of a lot
1369 described on the plat.
1370 [
1371 gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
1372 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1373 [
1374 gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1375 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1376 [
1377 designee, who submits a land use application regarding the property owner's land.
1378 [
1379 (a) means an application that is:
1380 (i) required by a county; and
1381 (ii) submitted by a land use applicant to obtain a land use decision; and
1382 (b) does not mean an application to enact, amend, or repeal a land use regulation.
1383 [
1384 (a) a person, board, commission, agency, or body, including the local legislative body,
1385 designated by the local legislative body to act upon a land use application; or
1386 (b) if the local legislative body has not designated a person, board, commission,
1387 agency, or body, the local legislative body.
1388 [
1389 authority or appeal authority regarding:
1390 (a) a land use permit;
1391 (b) a land use application; or
1392 (c) the enforcement of a land use regulation, land use permit, or development
1393 agreement.
1394 [
1395 [
1396 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1397 specification, fee, or rule that governs the use or development of land;
1398 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1399 and
1400 (c) does not include:
1401 (i) a land use decision of the legislative body acting as the land use authority, even if
1402 the decision is expressed in a resolution or ordinance; or
1403 (ii) a temporary revision to an engineering specification that does not materially:
1404 (A) increase a land use applicant's cost of development compared to the existing
1405 specification; or
1406 (B) impact a land use applicant's use of land.
1407 [
1408 has adopted an alternative form of government, the body exercising legislative powers.
1409 [
1410 Government Entities - Local Districts, and any other governmental or quasi-governmental
1411 entity that is not a county, municipality, school district, or the state.
1412 [
1413 shown on a subdivision plat that has been recorded in the office of the county recorder.
1414 [
1415 adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
1416 accordance with Section 17-27a-608, with the consent of the owners of record.
1417 (b) "Lot line adjustment" does not mean a new boundary line that:
1418 (i) creates an additional lot; or
1419 (ii) constitutes a subdivision.
1420 [
1421 occupies:
1422 (a) public transit rail right-of-way;
1423 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1424 or
1425 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1426 municipality or county and:
1427 (i) a public transit district as defined in Section 17B-2a-802; or
1428 (ii) an eligible political subdivision as defined in Section 59-12-2219.
1429 [
1430 occupancy by households with a gross household income equal to or less than 80% of the
1431 median gross income for households of the same size in the county in which the housing is
1432 located.
1433 [
1434 (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1435 (b) that is not otherwise exempt under Section 10-9a-304.
1436 [
1437 time spent and expenses incurred in:
1438 (a) verifying that building plans are identical plans; and
1439 (b) reviewing and approving those minor aspects of identical plans that differ from the
1440 previously reviewed and approved building plans.
1441 [
1442 (a) legally existed before its current land use designation; and
1443 (b) because of one or more subsequent land use ordinance changes, does not conform
1444 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1445 the use of land.
1446 [
1447 (a) legally existed before its current land use designation;
1448 (b) has been maintained continuously since the time the land use ordinance regulation
1449 governing the land changed; and
1450 (c) because of one or more subsequent land use ordinance changes, does not conform
1451 to the regulations that now govern the use of the land.
1452 [
1453 the county recorder's office that:
1454 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1455 highways and other transportation facilities;
1456 (b) provides a basis for restricting development in designated rights-of-way or between
1457 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1458 the land; and
1459 (c) has been adopted as an element of the county's general plan.
1460 [
1461 subdivision plat recorded in the office of the county recorder.
1462 [
1463 owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
1464 line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
1465 (i) none of the property identified in the agreement is subdivided land; or
1466 (ii) the adjustment is to the boundaries of a single person's parcels.
1467 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1468 line that:
1469 (i) creates an additional parcel; or
1470 (ii) constitutes a subdivision.
1471 [
1472 association, trust, governmental agency, or any other legal entity.
1473 [
1474 a county legislative body that includes:
1475 (a) an estimate of the existing supply of moderate income housing located within the
1476 county;
1477 (b) an estimate of the need for moderate income housing in the county for the next five
1478 years;
1479 (c) a survey of total residential land use;
1480 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1481 income housing; and
1482 (e) a description of the county's program to encourage an adequate supply of moderate
1483 income housing.
1484 [
1485 portion of the unincorporated area of a county established under this part with planning and
1486 zoning functions as exercised through the planning advisory area planning commission, as
1487 provided in this chapter, but with no legal or political identity separate from the county and no
1488 taxing authority.
1489 [
1490 professional land surveyor makes and prepares in accordance with Section 17-27a-603 or
1491 57-8-13.
1492 [
1493 (a) is designated by a Utah Geological Survey map, county geologist map, or other
1494 relevant map or report as needing further study to determine the area's potential for geologic
1495 hazard; or
1496 (b) has not been studied by the Utah Geological Survey or a county geologist but
1497 presents the potential of geologic hazard because the area has characteristics similar to those of
1498 a designated geologic hazard area.
1499 [
1500 (a) the federal government;
1501 (b) the state;
1502 (c) a county, municipality, school district, local district, special service district, or other
1503 political subdivision of the state; or
1504 (d) a charter school.
1505 [
1506 provided a reasonable opportunity to comment on the subject of the hearing.
1507 [
1508 under Title 52, Chapter 4, Open and Public Meetings Act.
1509 [
1510 public avenue, public boulevard, public parkway, public road, public lane, [
1511
1512 other public transportation easement, or other public way.
1513 [
1514 designates, by ordinance, as an area in which an owner of land may receive a transferable
1515 development right.
1516 [
1517 accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1518 [
1519 (a) in which more than one person with a disability resides; and
1520 (b) (i) which is licensed or certified by the Department of Human Services under Title
1521 62A, Chapter 2, Licensure of Programs and Facilities; or
1522 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1523 21, Health Care Facility Licensing and Inspection Act.
1524 [
1525 prescribe in a public meeting:
1526 (a) parliamentary order and procedure;
1527 (b) ethical behavior; and
1528 (c) civil discourse.
1529 [
1530 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1531 wastewater systems.
1532 [
1533 designates, by ordinance, as an area from which an owner of land may transfer a transferable
1534 development right.
1535 [
1536 during a preliminary review preceding the issuance of a building permit to demonstrate that an
1537 owner's or developer's proposed development activity meets a land use requirement.
1538 [
1539 (a) the state;
1540 (b) a school district; or
1541 (c) a charter school.
1542 [
1543 or telephone corporation, as those terms are defined in Section 54-2-1.
1544 [
1545 [
1546 subdivision plat.
1547 [
1548 to be divided into two or more lots or other division of land for the purpose, whether
1549 immediate or future, for offer, sale, lease, or development either on the installment plan or
1550 upon any and all other plans, terms, and conditions.
1551 (b) "Subdivision" includes:
1552 (i) the division or development of land whether by deed, metes and bounds description,
1553 devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
1554 includes all or a portion of a parcel or lot; and
1555 (ii) except as provided in Subsection [
1556 nonresidential uses, including land used or to be used for commercial, agricultural, and
1557 industrial purposes.
1558 (c) "Subdivision" does not include:
1559 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1560 (ii) an agreement recorded with the county recorder's office between owners of
1561 adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
1562 with Section 57-1-45 if:
1563 (A) no new lot is created; and
1564 (B) the adjustment does not violate applicable land use ordinances;
1565 (iii) a recorded document, executed by the owner of record:
1566 (A) revising the legal description of more than one contiguous parcel of property that is
1567 not subdivided land into one legal description encompassing all such parcels of property; or
1568 (B) joining a subdivided parcel of property to another parcel of property that has not
1569 been subdivided, if the joinder does not violate applicable land use ordinances;
1570 (iv) a bona fide division or partition of land in a county other than a first class county
1571 for the purpose of siting, on one or more of the resulting separate parcels:
1572 (A) an electrical transmission line or a substation;
1573 (B) a natural gas pipeline or a regulation station; or
1574 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1575 utility service regeneration, transformation, retransmission, or amplification facility;
1576 (v) an agreement between owners of adjoining subdivided properties adjusting the
1577 mutual lot line boundary in accordance with Section 10-9a-603 if:
1578 (A) no new dwelling lot or housing unit will result from the adjustment; and
1579 (B) the adjustment will not violate any applicable land use ordinance;
1580 (vi) a bona fide division or partition of land by deed or other instrument where the land
1581 use authority expressly approves in writing the division in anticipation of further land use
1582 approvals on the parcel or parcels;
1583 (vii) a parcel boundary adjustment;
1584 (viii) a lot line adjustment;
1585 (ix) a road, street, or highway dedication plat; or
1586 (x) a deed or easement for a road, street, or highway purpose.
1587 (d) The joining of a subdivided parcel of property to another parcel of property that has
1588 not been subdivided does not constitute a subdivision under this Subsection [
1589 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1590 subdivision ordinance.
1591 (71) "Subdivision amendment" means an amendment to a recorded subdivision in
1592 accordance with Section 17-27a-608 that:
1593 (a) vacates all or a portion of the subdivision;
1594 (b) alters the outside boundary of the subdivision;
1595 (c) changes the number of lots within the subdivision;
1596 (d) alters a public right-of-way, a public easement, or public infrastructure within the
1597 subdivision; or
1598 (e) alters a common area or other common amenity within the subdivision.
1599 [
1600 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1601 3% swell potential;
1602 (b) bedrock units with high shrink or swell susceptibility; or
1603 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1604 commonly associated with dissolution and collapse features.
1605 [
1606 (a) for four or more individuals who are not related to:
1607 (i) the owner of the facility; or
1608 (ii) the primary service provider of the facility;
1609 (b) that serves students who have a history of failing to function:
1610 (i) at home;
1611 (ii) in a public school; or
1612 (iii) in a nonresidential private school; and
1613 (c) that offers:
1614 (i) room and board; and
1615 (ii) an academic education integrated with:
1616 (A) specialized structure and supervision; or
1617 (B) services or treatment related to a disability, an emotional development, a
1618 behavioral development, a familial development, or a social development.
1619 [
1620 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1621 land use rights from a designated sending zone to a designated receiving zone.
1622 [
1623 municipality.
1624 [
1625 (a) each of the rights listed in Section 73-1-11; and
1626 (b) an ownership interest in the right to the beneficial use of water represented by:
1627 (i) a contract; or
1628 (ii) a share in a water company, as defined in Section 73-3-3.5.
1629 [
1630 depicts land use zones, overlays, or districts.
1631 Section 19. Section 17-27a-302 is amended to read:
1632 17-27a-302. Planning commission powers and duties.
1633 (1) Each countywide planning advisory area or mountainous planning district planning
1634 commission shall, with respect to the unincorporated area of the county, the planning advisory
1635 area, or the mountainous planning district, review and make a recommendation to the county
1636 legislative body for:
1637 (a) a general plan and amendments to the general plan;
1638 (b) land use regulations[
1639 (i) ordinances regarding the subdivision of land within the county; and
1640 (ii) amendments to existing land use regulations;
1641 (c) an appropriate delegation of power to at least one designated land use authority to
1642 hear and act on a land use application;
1643 (d) an appropriate delegation of power to at least one appeal authority to hear and act
1644 on an appeal from a decision of the land use authority; and
1645 (e) application processes that:
1646 (i) may include a designation of routine land use matters that, upon application and
1647 proper notice, will receive informal streamlined review and action if the application is
1648 uncontested; and
1649 (ii) shall protect the right of each:
1650 (A) land use applicant and [
1651 consideration of any application by a land use authority;
1652 (B) land use applicant[
1653 appeal a land use authority's decision to a separate appeal authority; and
1654 (C) participant to be heard in each public hearing on a contested application.
1655 (2) Before making a recommendation to a legislative body on an item described in
1656 Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
1657 with Section 17-27a-404.
1658 (3) A legislative body may adopt, modify, or reject a planning commission's
1659 recommendation to the legislative body under this section.
1660 (4) A legislative body may consider a planning commission's failure to make a timely
1661 recommendation as a negative recommendation.
1662 [
1663 actions described in this section.
1664 Section 20. Section 17-27a-404 is amended to read:
1665 17-27a-404. Public hearing by planning commission on proposed general plan or
1666 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1667 by legislative body.
1668 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
1669 amend the general plan, the planning commission shall schedule and hold a public hearing on
1670 the proposed plan or amendment.
1671 (b) The planning commission shall provide notice of the public hearing, as required by
1672 Section 17-27a-204.
1673 (c) After the public hearing, the planning commission may modify the proposed
1674 general plan or amendment.
1675 (2) The planning commission shall forward the proposed general plan or amendment to
1676 the legislative body.
1677 (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
1678 shall provide notice of its intent to consider the general plan proposal.
1679 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
1680 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
1681 regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
1682 (3)(b).
1683 (ii) The hearing format shall allow adequate time for public comment at the actual
1684 public hearing, and shall also allow for public comment in writing to be submitted to the
1685 legislative body for not fewer than 90 days after the date of the public hearing.
1686 (c) (i) The legislative body shall give notice of the hearing in accordance with this
1687 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
1688 complete.
1689 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
1690 the state Legislature, executive director of the Department of Environmental Quality, the state
1691 planning coordinator, the Resource Development Coordinating Committee, and any other
1692 citizens or entities who specifically request notice in writing.
1693 (iii) Public notice shall be given by publication:
1694 (A) in at least one major Utah newspaper having broad general circulation in the state;
1695 (B) in at least one Utah newspaper having a general circulation focused mainly on the
1696 county where the proposed high-level nuclear waste or greater than class C radioactive waste
1697 site is to be located; and
1698 (C) on the Utah Public Notice Website created in Section 63F-1-701.
1699 (iv) The notice shall be published to allow reasonable time for interested parties and
1700 the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
1701 including:
1702 (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
1703 the date of the hearing to be held under this Subsection (3); and
1704 (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
1705 date of the hearing to be held under this Subsection (3).
1706 (4) (a) After the public hearing required under this section, the legislative body may
1707 adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
1708 (b) The legislative body shall respond in writing and in a substantive manner to all
1709 those providing comments as a result of the hearing required by Subsection (3).
1710 [
1711
1712
1713 [
1714 it may provide suggestions to the planning commission for [
1715 commission's review and recommendation.
1716 [
1717 (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
1718 (b) a transportation and traffic circulation element as provided in Subsection
1719 17-27a-403(2)(a)(ii);
1720 (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
1721 provide a realistic opportunity to meet the need for additional moderate income housing; and
1722 (d) before August 1, 2017, a resource management plan as provided by Subsection
1723 17-27a-403(2)(a)(iv).
1724 Section 21. Section 17-27a-408 is amended to read:
1725 17-27a-408. Reporting requirements and civil action regarding moderate income
1726 housing element of general plan.
1727 (1) The legislative body of each county of the first, second, or third class, which has a
1728 population in the county's unincorporated areas of more than 5,000 residents, shall annually:
1729 (a) review the moderate income housing plan element of the county's general plan and
1730 implementation of that element of the general plan;
1731 (b) prepare a report on the findings of the review described in Subsection (1)(a); and
1732 (c) post the report described in Subsection (1)(b) on the county's website.
1733 (2) The report described in Subsection (1) shall include:
1734 (a) a revised estimate of the need for moderate income housing in the unincorporated
1735 areas of the county for the next five years;
1736 (b) a description of progress made within the unincorporated areas of the county to
1737 provide moderate income housing demonstrated by analyzing and publishing data on the
1738 number of housing units in the county that are at or below:
1739 (i) 80% of the adjusted median family income;
1740 (ii) 50% of the adjusted median family income; and
1741 (iii) 30% of the adjusted median family income;
1742 (c) a description of any efforts made by the county to utilize a moderate income
1743 housing set-aside from a community reinvestment agency, redevelopment agency, or a
1744 community development and renewal agency; and
1745 (d) a description of how the county has implemented any of the recommendations
1746 related to moderate income housing described in Subsection 17-27a-403(2)(b)(ii).
1747 (3) The legislative body of each county described in Subsection (1) shall send a copy of
1748 the report under Subsection (1) to the Department of Workforce Services, the association of
1749 governments in which the county is located, and, if the unincorporated area of the county is
1750 located within the boundaries of a metropolitan planning organization, the appropriate
1751 metropolitan planning organization.
1752 (4) In a civil action seeking enforcement or claiming a violation of this section or of
1753 Subsection 17-27a-404[
1754 only injunctive or other equitable relief.
1755 Section 22. Section 17-27a-603 is amended to read:
1756 17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
1757 acknowledgment, surveyor certification, and underground utility facility owner
1758 verification of plat -- Recording plat.
1759 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
1760 subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
1761 the land shall provide an accurate plat that describes or specifies:
1762 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
1763 the county recorder's office;
1764 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
1765 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
1766 intended to be used as a street or for any other public use, and whether any such area is
1767 reserved or proposed for dedication for a public purpose;
1768 (c) the lot or unit reference, block or building reference, street or site address, street
1769 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
1770 and width of the blocks and lots intended for sale; and
1771 (d) every existing right-of-way and easement grant of record for an underground
1772 facility, as defined in Section 54-8a-2, and for any other utility facility.
1773 (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the county's
1774 ordinances and this part and has been approved by the culinary water authority, the sanitary
1775 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
1776 health department and the county consider the local health department's approval necessary, the
1777 county shall approve the plat.
1778 (b) Counties are encouraged to receive a recommendation from the fire authority and
1779 the public safety answering point before approving a plat.
1780 (c) A county may not require that a plat be approved or signed by a person or entity
1781 who:
1782 (i) is not an employee or agent of the county; or
1783 (ii) does not:
1784 (A) have a legal or equitable interest in the property within the proposed subdivision;
1785 (B) provide a utility or other service directly to a lot within the subdivision;
1786 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
1787 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
1788 relation to the plat; or
1789 (D) provide culinary public water service whose source protection zone designated as
1790 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
1791 (d) For a subdivision application that includes land located within a notification zone,
1792 as determined under Subsection (2)(f), the land use authority shall:
1793 (i) within 20 days after the day on which a complete subdivision application is filed,
1794 provide written notice of the application to the canal owner or associated canal operator contact
1795 described in:
1796 (A) Section 17-27a-211;
1797 (B) Subsection 73-5-7(2); or
1798 (C) Subsection (5)(c); and
1799 (ii) wait to approve or reject the subdivision application for at least 20 days after the
1800 day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
1801 receive input from the canal owner or associated canal operator, including input regarding:
1802 (A) access to the canal;
1803 (B) maintenance of the canal;
1804 (C) canal protection; and
1805 (D) canal safety.
1806 (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
1807 (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
1808 canal owner or associated canal operator if:
1809 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
1810 (ii) the centerline alignment is available to the land use authority:
1811 (A) from information provided by the canal company under Section 17-27a-211 using
1812 mapping-grade global positioning satellite units or digitized data from the most recent aerial
1813 photo available to the canal owner or canal operator;
1814 (B) using the state engineer's inventory of canals under Section 73-5-7; or
1815 (C) from information provided by a surveyor under Subsection (5)(c).
1816 (3) The county may withhold an otherwise valid plat approval until the owner of the
1817 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
1818 penalties owing on the land have been paid.
1819 (4) (a) Within 30 days after approving a final plat under this section, a county shall
1820 submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
1821 inclusion in the unified statewide 911 emergency service database described in Subsection
1822 63H-7a-304(4)(b):
1823 (i) an electronic copy of the approved final plat; or
1824 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
1825 for construction within the bounds of the approved plat.
1826 (b) If requested by the Automated Geographic Reference Center, a county that
1827 approves a final plat under this section shall:
1828 (i) coordinate with the Automated Geographic Reference Center to validate the
1829 information described in Subsection (4)(a); and
1830 (ii) assist the Automated Geographic Reference Center in creating electronic files that
1831 contain the information described in Subsection (4)(a) for inclusion in the unified statewide
1832 911 emergency service database.
1833 (5) (a) A county recorder may not record a plat unless, subject to Subsection
1834 17-27a-604(1):
1835 (i) prior to recordation, the county has approved and signed the plat;
1836 (ii) each owner of record of land described on the plat has signed the owner's
1837 dedication as shown on the plat; and
1838 (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
1839 provided by law.
1840 (b) The surveyor making the plat shall certify that the surveyor:
1841 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1842 Professional Land Surveyors Licensing Act;
1843 (ii) has completed a survey of the property described on the plat in accordance with
1844 Section 17-23-17 and has verified all measurements; and
1845 (iii) has placed monuments as represented on the plat.
1846 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
1847 an existing or proposed underground facility or utility facility within the proposed subdivision,
1848 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
1849 depiction of the:
1850 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
1851 public or private easement, or grants of record;
1852 (B) location of an existing underground facility and utility facility; and
1853 (C) physical restrictions governing the location of the underground facility and utility
1854 facility within the subdivision.
1855 (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
1856 (A) indicates only that the plat approximates the location of the existing underground
1857 and utility facilities but does not warrant or verify their precise location; and
1858 (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
1859 Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
1860 applicable to prescriptive rights, or any other provision of law.
1861 (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
1862 certified, and approved, the individual seeking to record the plat shall, within the time period
1863 and manner designated by ordinance, record the plat in the county recorder's office in the
1864 county in which the lands platted and laid out are situated.
1865 (b) A failure to record a plat within the time period designated by ordinance renders the
1866 plat voidable by the land use authority.
1867 Section 23. Section 17-27a-604 is amended to read:
1868 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
1869 (1) A person may not submit a subdivision plat to the county recorder's office for
1870 recording unless:
1871 (a) the person has complied with the requirements of Subsection 17-27a-603(5)(a);
1872 (b) the plat has been approved by:
1873 (i) the land use authority of the:
1874 (A) county in whose unincorporated area the land described in the plat is located; or
1875 (B) mountainous planning district in whose area the land described in the plat is
1876 located; and
1877 (ii) other officers that the county designates in its ordinance;
1878 (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
1879 designated officers; and
1880 (d) if the person submitting the plat intends the plat to be or if the plat is part of a
1881 community association subject to Title 57, Chapter 8a, Community Association Act, the plat
1882 includes language conveying to the association, as that term is defined in Section 57-8a-102, all
1883 common areas, as that term is defined in Section 57-8a-102.
1884 (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
1885 the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
1886 Community Association Act.
1887 (3) A plat recorded without the signatures required under this section is void.
1888 (4) A transfer of land pursuant to a void plat is voidable by the land use authority.
1889 Section 24. Section 17-27a-605 is amended to read:
1890 17-27a-605. Exemptions from plat requirement.
1891 [
1892
1893
1894
1895 (1) Notwithstanding any other provision of law, a plat is not required if:
1896 (a) a county establishes a process to approve an administrative land use decision for the
1897 subdivision of unincorporated land or mountainous planning district land into 10 or fewer lots
1898 without a plat; and
1899 (b) the county provides in writing that:
1900 [
1901 [
1902 [
1903 general plan unless the county has approved the location and dedication of any public street,
1904 county utility easement, any other easement, or any other land for public purposes as the
1905 county's ordinance requires;
1906 [
1907 authority;
1908 [
1909 [
1910 variance from the requirements of an otherwise conflicting and applicable land use ordinance.
1911 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
1912 land is exempt from the plat requirements of Section 17-27a-603 if:
1913 (i) the lot or parcel:
1914 (A) qualifies as land in agricultural use under Section 59-2-502; and
1915 (B) is not used and will not be used for any nonagricultural purpose; and
1916 (ii) the new owner of record completes, signs, and records with the county recorder a
1917 notice:
1918 (A) describing the parcel by legal description; and
1919 (B) stating that the lot or parcel is created for agricultural purposes as defined in
1920 Section 59-2-502 and will remain so until a future zoning change permits other uses.
1921 (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
1922 purpose, the county shall require the lot or parcel to comply with the requirements of Section
1923 17-27a-603 and all applicable land use ordinance requirements.
1924 (3) (a) Except as provided in Subsection (4), a document recorded in the county
1925 recorder's office that divides property by a metes and bounds description does not create an
1926 approved subdivision allowed by this part unless the land use authority's certificate of written
1927 approval required by Subsection (1) is attached to the document.
1928 (b) The absence of the certificate or written approval required by Subsection (1) does
1929 not:
1930 (i) prohibit the county recorder from recording a document; or
1931 (ii) affect the validity of a recorded document.
1932 (c) A document which does not meet the requirements of Subsection (1) may be
1933 corrected by the recording of an affidavit to which the required certificate or written approval is
1934 attached and that complies with Section 57-3-106.
1935 (4) (a) As used in this Subsection (4):
1936 (i) "Divided land" means land that:
1937 (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
1938 (B) has been divided by a minor subdivision.
1939 (ii) "Land to be divided" means land that is proposed to be divided by a minor
1940 subdivision.
1941 (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
1942 agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
1943 after the division, is separate from the remainder of the original 100 or more contiguous acres
1944 of agricultural land.
1945 (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
1946 (b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100
1947 contiguous acres of agricultural land may make a minor subdivision by submitting for
1948 recording in the office of the recorder of the county in which the land to be divided is located:
1949 (i) a recordable deed containing the legal description of the minor subdivision lot; and
1950 (ii) a notice:
1951 (A) indicating that the owner of the land to be divided is making a minor subdivision;
1952 (B) referring specifically to this section as the authority for making the minor
1953 subdivision; and
1954 (C) containing the legal description of:
1955 (I) the land to be divided; and
1956 (II) the minor subdivision lot.
1957 (c) A minor subdivision lot:
1958 (i) may not be less than one acre in size;
1959 (ii) may not be within 1,000 feet of another minor subdivision lot; and
1960 (iii) is not subject to the subdivision ordinance of the county in which the minor
1961 subdivision lot is located.
1962 (d) Land to be divided by a minor subdivision may not include divided land.
1963 (e) A county:
1964 (i) may not deny a building permit to an owner of a minor subdivision lot based on:
1965 (A) the lot's status as a minor subdivision lot; or
1966 (B) the absence of standards described in Subsection (4)(e)(ii); and
1967 (ii) may, in connection with the issuance of a building permit, subject a minor
1968 subdivision lot to reasonable health, safety, and access standards that the county has established
1969 and made public.
1970 (5) (a) Notwithstanding Sections 17-27a-603 and 17-27a-604, and subject to
1971 Subsection (1), the legislative body of a county may enact an ordinance allowing the
1972 subdivision of a parcel, without complying with the plat requirements of Section 17-27a-603,
1973 if:
1974 (i) the parcel contains an existing legal single family dwelling unit;
1975 (ii) the subdivision results in two parcels, one of which is agricultural land;
1976 (iii) the parcel of agricultural land:
1977 (A) qualifies as land in agricultural use under Section 59-2-502; and
1978 (B) is not used, and will not be used, for a nonagricultural purpose;
1979 (iv) both the parcel with an existing legal single family dwelling unit and the parcel of
1980 agricultural land meet the minimum area, width, frontage, and setback requirements of the
1981 applicable zoning designation in the applicable land use ordinance; and
1982 (v) the owner of record completes, signs, and records with the county recorder a notice:
1983 (A) describing the parcel of agricultural land by legal description; and
1984 (B) stating that the parcel of agricultural land is created as land in agricultural use, as
1985 defined in Section 59-2-502, and will remain as land in agricultural use until a future zoning
1986 change permits another use.
1987 (b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a)
1988 is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no
1989 longer applies, and the county shall require the owner of the parcel to:
1990 (i) retroactively comply with the subdivision plat requirements of Section 17-27a-603;
1991 and
1992 (ii) comply with all applicable land use ordinance requirements.
1993 Section 25. Section 17-27a-608 is amended to read:
1994 17-27a-608. Subdivision amendments.
1995 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
1996 subdivision that has been laid out and platted as provided in this part may file a written petition
1997 with the land use authority [
1998 subdivision amendment.
1999 (b) Upon filing a written petition to request a subdivision amendment under Subsection
2000 (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
2001 accordance with Section 17-27a-603 that:
2002 (i) depicts only the portion of the subdivision that is proposed to be amended;
2003 (ii) includes a plat name distinguishing the amended plat from the original plat;
2004 (iii) describes the differences between the amended plat and the original plat; and
2005 (iv) includes references to the original plat.
2006 [
2007 provide notice of the petition by mail, email, or other effective means to each affected entity
2008 that provides a service to an owner of record of the portion of the plat that is being [
2009 amended at least 10 calendar days before the land use authority may approve the [
2010
2011 [
2012 public hearing within 45 days after the day on which the petition is filed if:
2013 (i) any owner within the plat notifies the county of the owner's objection in writing
2014 within 10 days of mailed notification; or
2015 (ii) a public hearing is required because all of the owners in the subdivision have not
2016 signed the revised plat.
2017 (2) Unless a local ordinance provides otherwise, the public hearing requirement of
2018 Subsection (1)[
2019 an owner's petition [
2020 (a) the petition seeks to:
2021 (i) join two or more of the petitioning fee owner's contiguous lots;
2022 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
2023 result in a violation of a land use ordinance or a development condition;
2024 (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
2025 adjoining lots or parcels join the petition, regardless of whether the lots or parcels are located in
2026 the same subdivision;
2027 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
2028 imposed by the local political subdivision; or
2029 (v) alter the plat in a manner that does not change existing boundaries or other
2030 attributes of lots within the subdivision that are not:
2031 (A) owned by the petitioner; or
2032 (B) designated as a common area; and
2033 (b) notice has been given to adjacent property owners in accordance with any
2034 applicable local ordinance.
2035 (3) [
2036 contains a request to [
2037 to Section 17-27a-609.5.
2038 (4) [
2039 amend an entire plat or a portion of a plat shall include:
2040 (a) the name and address of each owner of record of the land contained in:
2041 (i) the entire plat; or
2042 (ii) that portion of the plan described in the petition; and
2043 (b) the signature of each owner who consents to the petition.
2044 (5) (a) The owners of record of adjacent parcels that are described by either a metes
2045 and bounds description or by a recorded plat may exchange title to portions of those parcels if
2046 the exchange of title is approved by the land use authority in accordance with Subsection
2047 (5)(b).
2048 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
2049 the exchange of title will not result in a violation of any land use ordinance.
2050 (c) If an exchange of title is approved under Subsection (5)(b):
2051 (i) a notice of approval shall be recorded in the office of the county recorder which:
2052 (A) is executed by each owner included in the exchange and by the land use authority;
2053 (B) contains an acknowledgment for each party executing the notice in accordance with
2054 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
2055 (C) recites the descriptions of both the original parcels and the parcels created by the
2056 exchange of title; and
2057 (ii) a document of conveyance of title reflecting the approved change shall be recorded
2058 in the office of the county recorder.
2059 (d) A notice of approval recorded under this Subsection (5) does not act as a
2060 conveyance of title to real property and is not required to record a document conveying title to
2061 real property.
2062 (6) (a) The name of a recorded subdivision may be changed by recording an amended
2063 plat making that change, as provided in this section and subject to Subsection (6)(c).
2064 (b) The surveyor preparing the amended plat shall certify that the surveyor:
2065 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2066 Professional Land Surveyors Licensing Act;
2067 (ii) has completed a survey of the property described on the plat in accordance with
2068 Section 17-23-17 and has verified all measurements; and
2069 (iii) has placed monuments as represented on the plat.
2070 (c) An owner of land may not submit for recording an amended plat that gives the
2071 subdivision described in the amended plat the same name as a subdivision recorded in the
2072 county recorder's office.
2073 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
2074 document that purports to change the name of a recorded plat is void.
2075 Section 26. Section 17-27a-609.5 is amended to read:
2076 17-27a-609.5. Petition to vacate a public street.
2077 (1) In lieu of vacating some or all of a public street through a plat or amended plat in
2078 accordance with Sections 17-27a-603 through 17-27a-609, a legislative body may approve a
2079 petition to vacate a public street in accordance with this section.
2080 (2) A petition to vacate some or all of a public street or county utility easement shall
2081 include:
2082 (a) the name and address of each owner of record of land that is:
2083 (i) adjacent to the public street or county utility easement between the two nearest
2084 public street intersections; or
2085 (ii) accessed exclusively by or within 300 feet of the public street or county utility
2086 easement;
2087 (b) proof of written notice to operators of utilities located within the bounds of the
2088 public street or county utility easement sought to be vacated; and
2089 (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
2090 (3) If a petition is submitted containing a request to vacate some or all of a public street
2091 or county utility easement, the legislative body shall hold a public hearing in accordance with
2092 Section 17-27a-208 and determine whether:
2093 (a) good cause exists for the vacation; and
2094 (b) the public interest or any person will be materially injured by the proposed
2095 vacation.
2096 (4) The legislative body may adopt an ordinance granting a petition to vacate some or
2097 all of a public street or county utility easement if the legislative body finds that:
2098 (a) good cause exists for the vacation; and
2099 (b) neither the public interest nor any person will be materially injured by the vacation.
2100 (5) If the legislative body adopts an ordinance vacating some or all of a public street or
2101 county utility easement, the legislative body shall ensure that one or both of the following is
2102 recorded in the office of the recorder of the county in which the land is located:
2103 (a) a plat reflecting the vacation; or
2104 (b) (i) an ordinance described in Subsection (4); and
2105 (ii) a legal description of the public street to be vacated.
2106 (6) The action of the legislative body vacating some or all of a public street or county
2107 utility easement that has been dedicated to public use:
2108 (a) operates to the extent to which it is vacated, upon the effective date of the recorded
2109 plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county's
2110 fee in the vacated street, right-of-way, or easement; and
2111 (b) may not be construed to impair:
2112 (i) any right-of-way or easement of any parcel or lot owner; or
2113 (ii) the rights of any public utility.
2114 (7) (a) A county may submit a petition, in accordance with Subsection (2), and initiate
2115 and complete a process to vacate some or all of a public street.
2116 (b) If a county submits a petition and initiates a process under Subsection (7)(a):
2117 (i) the legislative body shall hold a public hearing;
2118 (ii) the petition and process may not apply to or affect a public utility easement, except
2119 to the extent:
2120 (A) the easement is not a protected utility easement as defined in Section 54-3-27;
2121 (B) the easement is included within the public street; and
2122 (C) the notice to vacate the public street also contains a notice to vacate the easement;
2123 and
2124 (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
2125 a public street through a recorded plat or amended plat.
2126 Section 27. Section 17-27a-611 is amended to read:
2127 17-27a-611. Prohibited acts.
2128 (1) (a) [
2129 subdivision who transfers or sells any land in that subdivision before a plat of the subdivision
2130 has been approved and recorded violates this part for each lot or parcel transferred or sold.
2131 (b) The description by metes and bounds in an instrument of transfer or other
2132 documents used in the process of selling or transferring does not exempt the transaction from
2133 being a violation of Subsection (1)(a) or from the penalties or remedies provided in this
2134 chapter.
2135 (c) Notwithstanding any other provision of this Subsection (1), the recording of an
2136 instrument of transfer or other document used in the process of selling or transferring real
2137 property that violates this part:
2138 (i) does not affect the validity of the instrument or other document; and
2139 (ii) does not affect whether the property that is the subject of the instrument or other
2140 document complies with applicable county ordinances on land use and development.
2141 (2) (a) A county may bring an action against an owner to require the property to
2142 conform to the provisions of this part or an ordinance enacted under the authority of this part.
2143 (b) An action under this Subsection (2) may include an injunction[
2144
2145 violation.
2146 (c) A county need only establish the violation to obtain the injunction.
2147 Section 28. Section 17-27a-701 is amended to read:
2148 17-27a-701. Appeal authority required -- Condition precedent to judicial review
2149 -- Appeal authority duties.
2150 (1) Each county adopting a land use ordinance shall, by ordinance, establish one or
2151 more appeal authorities to hear and decide:
2152 (a) requests for variances from the terms of the land use ordinances;
2153 (b) appeals from decisions applying the land use ordinances; and
2154 (c) appeals from a fee charged in accordance with Section 17-27a-509.
2155 (2) As a condition precedent to judicial review, each adversely affected [
2156 shall timely and specifically challenge a land use authority's decision, in accordance with local
2157 ordinance.
2158 (3) An appeal authority:
2159 (a) shall:
2160 (i) act in a quasi-judicial manner; and
2161 (ii) serve as the final arbiter of issues involving the interpretation or application of land
2162 use ordinances; and
2163 (b) may not entertain an appeal of a matter in which the appeal authority, or any
2164 participating member, had first acted as the land use authority.
2165 (4) By ordinance, a county may:
2166 (a) designate a separate appeal authority to hear requests for variances than the appeal
2167 authority it designates to hear appeals;
2168 (b) designate one or more separate appeal authorities to hear distinct types of appeals
2169 of land use authority decisions;
2170 (c) require an adversely affected party to present to an appeal authority every theory of
2171 relief that it can raise in district court;
2172 (d) not require [
2173 or successive appeals before the same or separate appeal authorities as a condition of [
2174
2175 (e) provide that specified types of land use decisions may be appealed directly to the
2176 district court.
2177 (5) If the county establishes or, prior to the effective date of this chapter, has
2178 established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
2179 board, body, or panel shall:
2180 (a) notify each of its members of any meeting or hearing of the board, body, or panel;
2181 (b) provide each of its members with the same information and access to municipal
2182 resources as any other member;
2183 (c) convene only if a quorum of its members is present; and
2184 (d) act only upon the vote of a majority of its convened members.
2185 Section 29. Section 17-27a-703 is amended to read:
2186 17-27a-703. Appealing a land use authority's decision -- Panel of experts for
2187 appeals of geologic hazard decisions.
2188 (1) The land use applicant, a board or officer of the county, or [
2189
2190 an adversely affected party may, within the time period provided by ordinance, appeal that
2191 decision to the appeal authority by alleging that there is error in any order, requirement,
2192 decision, or determination made by the land use authority in the administration or interpretation
2193 of the land use ordinance.
2194 (2) (a) [
2195 administering or interpreting the county's geologic hazard ordinance may request the county to
2196 assemble a panel of qualified experts to serve as the appeal authority for purposes of
2197 determining the technical aspects of the appeal.
2198 (b) If [
2199 shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed
2200 by the land use applicant and county:
2201 (i) one expert designated by the county;
2202 (ii) one expert designated by the land use applicant; and
2203 (iii) one expert chosen jointly by the county's designated expert and the applicant's land
2204 use designated expert.
2205 (c) A member of the panel assembled by the county under Subsection (2)(b) may not
2206 be associated with the application that is the subject of the appeal.
2207 (d) The land use applicant shall pay:
2208 (i) 1/2 of the cost of the panel; and
2209 (ii) the county's published appeal fee.
2210 Section 30. Section 17-27a-704 is amended to read:
2211 17-27a-704. Time to appeal.
2212 (1) The county shall enact an ordinance establishing a reasonable time of not less than
2213 10 days to appeal to an appeal authority a written decision issued by a land use authority.
2214 (2) In the absence of an ordinance establishing a reasonable time to appeal, [
2215 use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal
2216 authority a written decision issued by a land use authority.
2217 Section 31. Section 17-27a-801 is amended to read:
2218 17-27a-801. No district court review until administrative remedies exhausted --
2219 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
2220 -- Staying of decision.
2221 (1) No person may challenge in district court a land use decision until that person has
2222 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
2223 Variances, if applicable.
2224 (2) (a) [
2225
2226 file a petition for review of the decision with the district court within 30 days after the decision
2227 is final.
2228 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
2229 property owner files a request for arbitration of a constitutional taking issue with the property
2230 rights ombudsman under Section 13-43-204 until 30 days after:
2231 (A) the arbitrator issues a final award; or
2232 (B) the property rights ombudsman issues a written statement under Subsection
2233 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
2234 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
2235 taking issue that is the subject of the request for arbitration filed with the property rights
2236 ombudsman by a property owner.
2237 (iii) A request for arbitration filed with the property rights ombudsman after the time
2238 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
2239 (3) (a) A court shall:
2240 (i) presume that a land use regulation properly enacted under the authority of this
2241 chapter is valid; and
2242 (ii) determine only whether:
2243 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
2244 or federal law; and
2245 (B) it is reasonably debatable that the land use regulation is consistent with this
2246 chapter.
2247 (b) A court shall:
2248 (i) presume that a final decision of a land use authority or an appeal authority is valid;
2249 and
2250 (ii) uphold the decision unless the decision is:
2251 (A) arbitrary and capricious; or
2252 (B) illegal.
2253 (c) (i) A decision is arbitrary and capricious if the decision is not supported by
2254 substantial evidence in the record.
2255 (ii) A decision is illegal if the decision is:
2256 (A) based on an incorrect interpretation of a land use regulation; or
2257 (B) contrary to law.
2258 (d) (i) A court may affirm or reverse the decision of a land use authority.
2259 (ii) If the court reverses a denial of a land use application, the court shall remand the
2260 matter to the land use authority with instructions to issue an approval consistent with the court's
2261 decision.
2262 (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
2263 final action on a land use application [
2264 conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
2265 of the pending decision.
2266 (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
2267 of a land use regulation or general plan may not be filed with the district court more than 30
2268 days after the enactment.
2269 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
2270 days after the land use decision is final.
2271 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
2272 the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
2273 available, a true and correct transcript of its proceedings.
2274 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
2275 transcript for purposes of this Subsection (7).
2276 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
2277 by the land use authority or appeal authority, as the case may be.
2278 (ii) The court may not accept or consider any evidence outside the record of the land
2279 use authority or appeal authority, as the case may be, unless that evidence was offered to the
2280 land use authority or appeal authority, respectively, and the court determines that it was
2281 improperly excluded.
2282 (b) If there is no record, the court may call witnesses and take evidence.
2283 (9) (a) The filing of a petition does not stay the decision of the land use authority or
2284 appeal authority, as the case may be.
2285 (b) (i) Before filing a petition under this section or a request for mediation or
2286 arbitration of a constitutional taking issue under Section 13-43-204, [
2287 land use applicant may petition the appeal authority to stay its decision.
2288 (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
2289 pending district court review if the appeal authority finds it to be in the best interest of the
2290 county.
2291 (iii) After a petition is filed under this section or a request for mediation or arbitration
2292 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
2293 injunction staying the appeal authority's decision.
2294 (10) If the court determines that a party initiated or pursued a challenge to the decision
2295 on a land use application in bad faith, the court may award attorney fees.
2296 Section 32. Section 17-27a-802 is amended to read:
2297 17-27a-802. Enforcement.
2298 (1) (a) A county [
2299
2300
2301 provided by law, institute:
2302 (i) injunctions, mandamus, abatement, or any other appropriate actions; or
2303 (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
2304 (b) A county need only establish the violation to obtain the injunction.
2305 (2) (a) A county may enforce the county's ordinance by withholding a building permit.
2306 (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
2307 building or other structure within a county without approval of a building permit.
2308 (c) The county may not issue a building permit unless the plans of and for the proposed
2309 erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
2310 effect.
2311 (d) A county may not deny an applicant a building permit or certificate of occupancy
2312 because the applicant has not completed an infrastructure improvement:
2313 (i) that is not essential to meet the requirements for the issuance of a building permit or
2314 certificate of occupancy under the building code and fire code; and
2315 (ii) for which the county has accepted an improvement completion assurance for
2316 landscaping or infrastructure improvements for the development.
2317 Section 33. Section 63I-2-217 is amended to read:
2318 63I-2-217. Repeal dates -- Title 17.
2319 (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
2320 (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
2321 Council, is repealed January 1, 2021.
2322 (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
2323 planning district" is repealed June 1, 2021.
2324 (4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
2325 repealed June 1, 2021.
2326 (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
2327 June 1, 2021.
2328 (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
2329 district area" is repealed June 1, 2021.
2330 (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
2331 repealed June 1, 2021.
2332 (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
2333 June 1, 2021.
2334 (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
2335 (1)(a) or (c)" is repealed June 1, 2021.
2336 (7) Section 17-27a-302, the language that states ", or mountainous planning district"
2337 and "or the mountainous planning district," is repealed June 1, 2021.
2338 (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
2339 district or" and ", as applicable" is repealed June 1, 2021.
2340 (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
2341 repealed June 1, 2021.
2342 (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
2343 June 1, 2021.
2344 (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
2345 repealed June 1, 2021.
2346 (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
2347 repealed June 1, 2021.
2348 (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
2349 planning district" is repealed June 1, 2021.
2350 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
2351 district" is repealed June 1, 2021.
2352 (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
2353 repealed June 1, 2021.
2354 (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
2355 repealed June 1, 2021.
2356 (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
2357 mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
2358 (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
2359 repealed June 1, 2021.
2360 (15) Subsection 17-27a-605(1)(a), the language that states "or mountainous planning
2361 district land" is repealed June 1, 2021.
2362 (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2363 2021.
2364 (17) On June 1, 2021, when making the changes in this section, the Office of
2365 Legislative Research and General Counsel shall:
2366 (a) in addition to its authority under Subsection 36-12-12(3):
2367 (i) make corrections necessary to ensure that sections and subsections identified in this
2368 section are complete sentences and accurately reflect the office's understanding of the
2369 Legislature's intent; and
2370 (ii) make necessary changes to subsection numbering and cross references; and
2371 (b) identify the text of the affected sections and subsections based upon the section and
2372 subsection numbers used in Laws of Utah 2017, Chapter 448.
2373 (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
2374 in a designated recreation area, is repealed June 1, 2021.
2375 (19) On June 1, 2020:
2376 (a) Section 17-52a-104 is repealed;
2377 (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
2378 described in Subsection 17-52a-104(2)," is repealed;
2379 (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
2380 (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
2381 pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
2382 in effect on March 14, 2018," is repealed; and
2383 (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
2384 pending process described in Section 17-52a-104, the attorney's report that is described in
2385 Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
2386 statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
2387 2018," is repealed.
2388 (20) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
2389 Section 34. Section 63J-4-607 is amended to read:
2390 63J-4-607. Resource management plan administration.
2391 (1) The office shall consult with the Federalism Commission before expending funds
2392 appropriated by the Legislature for the implementation of this section.
2393 (2) To the extent that the Legislature appropriates sufficient funding, the office may
2394 procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
2395 Procurement Code, to assist the office with the office's responsibilities described in Subsection
2396 (3).
2397 (3) The office shall:
2398 (a) assist each county with the creation of the county's resource management plan by:
2399 (i) consulting with the county on policy and legal issues related to the county's resource
2400 management plan; and
2401 (ii) helping the county ensure that the county's resource management plan meets the
2402 requirements of Subsection 17-27a-401(3);
2403 (b) promote quality standards among all counties' resource management plans; and
2404 (c) upon submission by a county, review and verify the county's:
2405 (i) estimated cost for creating a resource management plan; and
2406 (ii) actual cost for creating a resource management plan.
2407 (4) (a) A county shall cooperate with the office, or an entity procured by the office
2408 under Subsection (2), with regards to the office's responsibilities under Subsection (3).
2409 (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
2410 accordance with Subsection (4)(c), provide funding to a county before the county completes a
2411 resource management plan.
2412 (c) The office may provide pre-completion funding described in Subsection (4)(b):
2413 (i) after:
2414 (A) the county submits an estimated cost for completing the resource management plan
2415 to the office; and
2416 (B) the office reviews and verifies the estimated cost in accordance with Subsection
2417 (3)(c)(i); and
2418 (ii) in an amount up to:
2419 (A) 50% of the estimated cost of completing the resource management plan, verified
2420 by the office; or
2421 (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
2422 (d) To the extent that the Legislature appropriates sufficient funding, the office shall
2423 provide funding to a county in the amount described in Subsection (4)(e) after:
2424 (i) a county's resource management plan:
2425 (A) meets the requirements described in Subsection 17-27a-401(3); and
2426 (B) is adopted under Subsection 17-27a-404[
2427 (ii) the county submits the actual cost of completing the resource management plan to
2428 the office; and
2429 (iii) the office reviews and verifies the actual cost in accordance with Subsection
2430 (3)(c)(ii).
2431 (e) The office shall provide funding to a county under Subsection (4)(d) in an amount
2432 equal to the difference between:
2433 (i) the lesser of:
2434 (A) the actual cost of completing the resource management plan, verified by the office;
2435 or
2436 (B) $50,000; and
2437 (ii) the amount of any pre-completion funding that the county received under
2438 Subsections (4)(b) and (c).
2439 (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
2440 established in Subsection 17-27a-404[
2441 plan, the office shall:
2442 (a) obtain a copy of each county's resource management plan;
2443 (b) create a statewide resource management plan that:
2444 (i) meets the same requirements described in Subsection 17-27a-401(3); and
2445 (ii) to the extent reasonably possible, coordinates and is consistent with any resource
2446 management plan or land use plan established under Chapter 8, State of Utah Resource
2447 Management Plan for Federal Lands; and
2448 (c) submit a copy of the statewide resource management plan to the Federalism
2449 Commission for review.
2450 (6) Following review of the statewide resource management plan, the Federalism
2451 Commission shall prepare a concurrent resolution approving the statewide resource
2452 management plan for consideration during the 2018 General Session.
2453 (7) To the extent that the Legislature appropriates sufficient funding, the office shall
2454 provide legal support to a county that becomes involved in litigation with the federal
2455 government over the requirements of Subsection 17-27a-405(3).
2456 (8) After the statewide resource management plan is approved, as described in
2457 Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
2458 shall monitor the implementation of the statewide resource management plan at the federal,
2459 state, and local levels.