2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enacts the Local Permitting Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires a local entity to include certain information in a local permit application;
14 ▸ requires a local entity to make a final determination on a local permit application
15 within a specified time and allows for certain extensions;
16 ▸ provides that a local permit application is deemed approved if a local entity fails to
17 make a final determination within a specified time, unless certain conditions are
18 met; and
19 ▸ allows a local permit applicant to challenge the denial of a local permit through an
20 administrative appeal process and subsequent judicial review.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 11-65-101, Utah Code Annotated 1953
28 11-65-102, Utah Code Annotated 1953
29 11-65-201, Utah Code Annotated 1953
30 11-65-202, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 11-65-101 is enacted to read:
34
35
36 11-65-101. Title.
37 This chapter is known as the "Local Permitting Act."
38 Section 2. Section 11-65-102 is enacted to read:
39 11-65-102. Definitions.
40 As used in this section:
41 (1) "Applicant" means a person who submits an application for a local permit to a local
42 entity.
43 (2) "Local entity" means the same as that term is defined in Section 11-38-12.
44 (3) (a) "Local permit" means a permit that a local entity requires to allow a person to
45 engage in an activity within the local entity's jurisdiction.
46 (b) "Local permit" does not include:
47 (i) a building permit; or
48 (ii) a land use permit issued under:
49 (A) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
50 (B) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
51 Section 3. Section 11-65-201 is enacted to read:
52
53 11-65-201. Content of local permit application -- Local permitting process.
54 (1) (a) A local entity that requires a local permit shall include in the local permit
55 application the criteria that the local entity uses to determine whether to grant the local permit
56 to an applicant.
57 (b) The criteria described in Subsection (1)(a) shall be:
58 (i) in writing; and
59 (ii) stated in clear and unambiguous language.
60 (2) Subject to Subsections (3) and (4), within 30 days after the day on which an
61 applicant submits a local permit application to a local entity, the local entity shall:
62 (a) make a final determination on a local permit application; and
63 (b) notify the applicant of the final determination.
64 (3) If a local permit requires the approval of a state or federal agency:
65 (a) Subsection (2) does not apply; and
66 (b) within 60 days after the day on which an applicant submits a local permit
67 application to a local entity, the local entity shall:
68 (i) make a final determination on the local permit application; and
69 (ii) notify the applicant of the final determination.
70 (4) (a) A local entity may extend a deadline described in Subsection (2) or (3) if:
71 (i) before the day of the deadline, the local entity provides written notice to the
72 applicant that an extension of time is needed, including:
73 (A) the reasons for needing the extension; and
74 (B) if the local entity needs additional information from the applicant, a description of
75 the additional information; or
76 (ii) the applicant requests an extension in writing.
77 (b) A local entity that provides written notice of an extension under Subsection
78 (4)(a)(i) shall make a final determination on the local permit application and notify the
79 applicant regarding the final determination:
80 (i) within 30 days after the day on which the local entity provides written notice of the
81 extension; or
82 (ii) if the local entity requests additional information under Subsection (4)(a)(i)(B),
83 within 30 days after the day on which the applicant provides the additional information.
84 (5) If a local entity fails to make a final determination on a local permit application in
85 accordance with Subsections (2) through (4), the local permit application is deemed approved
86 unless:
87 (a) the local permit application submitted by the applicant is incomplete or otherwise
88 deficient;
89 (b) the local entity provides written notice of the deficiency to the applicant before the
90 day of the deadline; and
91 (c) the applicant fails to correct the deficiency within 30 days after the day on which
92 the local entity provides written notice of the deficiency.
93 (6) If a provision of this section conflicts with another provision of code, the other
94 provision of code controls.
95 Section 4. Section 11-65-202 is enacted to read:
96 11-65-202. Appeals.
97 (1) If a local entity denies an application for a local permit in accordance with Section
98 10-20-201, the local entity shall:
99 (a) notify the applicant in writing of the reasons for the denial; and
100 (b) give the applicant an opportunity to challenge the denial through an administrative
101 appeal process established by the local entity.
102 (2) The administrative appeal process described in Subsection (1)(b) shall substantially
103 comply with the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
104 (3) An applicant who challenges the denial of a local permit through the administrative
105 appeal process described in Subsection (1)(b) may bring an action in a court of competent
106 jurisdiction for de novo review of the local entity's final decision.