Chief Sponsor: Curtis S. Bramble

House Sponsor: Keven J. Stratton


8     General Description:
9          This bill amends provisions related to certain county recreational areas.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to the appointment of members in a mountainous
13     planning district's planning commission;
14          ▸     modifies provisions related to the general plan for a mountainous planning district;
15          ▸     repeals provisions allowing a mountainous planning district to include a
16     municipality within the mountainous planning district's boundaries;
17          ▸     repeals certain reporting requirements for a county planning commission with
18     jurisdiction over a mountainous planning district;
19          ▸     repeals the sunset dates for:
20               •     provisions related to mountainous planning districts; and
21               •     certain provisions related to a county's funding of municipal services in a
22     designated recreational area; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          10-9a-304, as last amended by Laws of Utah 2017, Chapter 448
31          17-27a-103, as last amended by Laws of Utah 2020, Chapter 434
32          17-27a-301, as last amended by Laws of Utah 2020, Chapter 114
33          17-27a-401, as last amended by Laws of Utah 2019, Chapter 327
34          17-27a-403, as last amended by Laws of Utah 2020, Chapter 136
35          17-27a-901, as last amended by Laws of Utah 2018, Chapter 330
36          63I-2-210, as last amended by Laws of Utah 2020, Chapter 136
37          63I-2-217, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 10-9a-304 is amended to read:
41          10-9a-304. State and federal property.
42          [(1)] Unless otherwise provided by law, nothing contained in this chapter may be
43     construed as giving a municipality jurisdiction over property owned by the state or the United
44     States.
45          [(2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
46     municipality, a municipal planning commission, or a municipal land use authority does not
47     have jurisdiction over property located within a mountainous planning district, as that term is
48     defined in Section 17-27a-103.]
49          [(b) Subsection (2)(a) does not apply to a municipality if:]
50          [(i) (A) the municipality is wholly located within the boundaries of a mountainous
51     planning district; and]
52          [(B) the municipality was incorporated before 1971;]
53          [(ii) the municipality exercises the municipality's extraterritorial jurisdiction under
54     Section 10-8-15; or]
55          [(iii) subject to Subsection (2)(c), a local health authority has granted the municipality
56     joint authority to regulate the municipality's watershed areas.]
57          [(c) The exception under Subsection (2)(b)(iii) applies only for matters related to

58     regulation of the watershed within a watershed area.]
59          Section 2. Section 17-27a-103 is amended to read:
60          17-27a-103. Definitions.
61          As used in this chapter:
62          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
63     detached from a primary single-family dwelling and contained on one lot.
64          (2) "Adversely affected party" means a person other than a land use applicant who:
65          (a) owns real property adjoining the property that is the subject of a land use
66     application or land use decision; or
67          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
68     general community as a result of the land use decision.
69          (3) "Affected entity" means a county, municipality, local district, special service
70     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
71     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
72     property owner, property [owners] owner's association, public utility, or the Utah Department
73     of Transportation, if:
74          (a) the entity's services or facilities are likely to require expansion or significant
75     modification because of an intended use of land;
76          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
77     or
78          (c) the entity has filed with the county a request for notice during the same calendar
79     year and before the county provides notice to an affected entity in compliance with a
80     requirement imposed under this chapter.
81          (4) "Affected owner" means the owner of real property that is:
82          (a) a single project;
83          (b) the subject of a land use approval that sponsors of a referendum timely challenged
84     in accordance with Subsection 20A-7-601(5)(a); and
85          (c) determined to be legally referable under Section 20A-7-602.8.

86          (5) "Appeal authority" means the person, board, commission, agency, or other body
87     designated by ordinance to decide an appeal of a decision of a land use application or a
88     variance.
89          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
90     residential property if the sign is designed or intended to direct attention to a business, product,
91     or service that is not sold, offered, or existing on the property where the sign is located.
92          (7) (a) "Charter school" means:
93          (i) an operating charter school;
94          (ii) a charter school applicant that [has its application approved by] a charter school
95     authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School
96     Authorization; or
97          (iii) an entity that is working on behalf of a charter school or approved charter
98     applicant to develop or construct a charter school building.
99          (b) "Charter school" does not include a therapeutic school.
100          (8) "Chief executive officer" means the person or body that exercises the executive
101     powers of the county.
102          (9) "Conditional use" means a land use that, because of [its] the unique characteristics
103     or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
104     may not be compatible in some areas or may be compatible only if certain conditions are
105     required that mitigate or eliminate the detrimental impacts.
106          (10) "Constitutional taking" means a governmental action that results in a taking of
107     private property so that compensation to the owner of the property is required by the:
108          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
109          (b) Utah Constitution, Article I, Section 22.
110          (11) "County utility easement" means an easement that:
111          (a) a plat recorded in a county recorder's office described as a county utility easement
112     or otherwise as a utility easement;
113          (b) is not a protected utility easement or a public utility easement as defined in Section

114     54-3-27;
115          (c) the county or the county's affiliated governmental entity owns or creates; and
116          (d) (i) either:
117          (A) no person uses or occupies; or
118          (B) the county or the county's affiliated governmental entity uses and occupies to
119     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
120     communications or data lines; or
121          (ii) a person uses or occupies with or without an authorized franchise or other
122     agreement with the county.
123          (12) "Culinary water authority" means the department, agency, or public entity with
124     responsibility to review and approve the feasibility of the culinary water system and sources for
125     the subject property.
126          (13) "Development activity" means:
127          (a) any construction or expansion of a building, structure, or use that creates additional
128     demand and need for public facilities;
129          (b) any change in use of a building or structure that creates additional demand and need
130     for public facilities; or
131          (c) any change in the use of land that creates additional demand and need for public
132     facilities.
133          (14) (a) "Disability" means a physical or mental impairment that substantially limits
134     one or more of a person's major life activities, including a person having a record of such an
135     impairment or being regarded as having such an impairment.
136          (b) "Disability" does not include current illegal use of, or addiction to, any federally
137     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
138     Sec. 802.
139          (15) "Educational facility":
140          (a) means:
141          (i) a school district's building at which pupils assemble to receive instruction in a

142     program for any combination of grades from preschool through grade 12, including
143     kindergarten and a program for children with disabilities;
144          (ii) a structure or facility:
145          (A) located on the same property as a building described in Subsection (15)(a)(i); and
146          (B) used in support of the use of that building; and
147          (iii) a building to provide office and related space to a school district's administrative
148     personnel; and
149          (b) does not include:
150          (i) land or a structure, including land or a structure for inventory storage, equipment
151     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
152          (A) not located on the same property as a building described in Subsection (15)(a)(i);
153     and
154          (B) used in support of the purposes of a building described in Subsection (15)(a)(i); or
155          (ii) a therapeutic school.
156          (16) "Fire authority" means the department, agency, or public entity with responsibility
157     to review and approve the feasibility of fire protection and suppression services for the subject
158     property.
159          (17) "Flood plain" means land that:
160          (a) is within the 100-year flood plain designated by the Federal Emergency
161     Management Agency; or
162          (b) has not been studied or designated by the Federal Emergency Management Agency
163     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
164     the land has characteristics that are similar to those of a 100-year flood plain designated by the
165     Federal Emergency Management Agency.
166          (18) "Gas corporation" has the same meaning as defined in Section 54-2-1.
167          (19) "General plan" means a document that a county adopts that sets forth general
168     guidelines for proposed future development of:
169          (a) the unincorporated land within the county; or

170          (b) for a mountainous planning district, the land within the mountainous planning
171     district.
172          (20) "Geologic hazard" means:
173          (a) a surface fault rupture;
174          (b) shallow groundwater;
175          (c) liquefaction;
176          (d) a landslide;
177          (e) a debris flow;
178          (f) unstable soil;
179          (g) a rock fall; or
180          (h) any other geologic condition that presents a risk:
181          (i) to life;
182          (ii) of substantial loss of real property; or
183          (iii) of substantial damage to real property.
184          (21) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
185     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
186     system.
187          (22) "Identical plans" means building plans submitted to a county that:
188          (a) are clearly marked as "identical plans";
189          (b) are substantially identical building plans that were previously submitted to and
190     reviewed and approved by the county; and
191          (c) describe a building that:
192          (i) is located on land zoned the same as the land on which the building described in the
193     previously approved plans is located;
194          (ii) is subject to the same geological and meteorological conditions and the same law
195     as the building described in the previously approved plans;
196          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
197     and approved by the county; and

198          (iv) does not require any additional engineering or analysis.
199          (23) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
200     Impact Fees Act.
201          (24) "Improvement completion assurance" means a surety bond, letter of credit,
202     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
203     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
204     required as a condition precedent to:
205          (a) recording a subdivision plat; or
206          (b) development of a commercial, industrial, mixed use, or multifamily project.
207          (25) "Improvement warranty" means an applicant's unconditional warranty that the
208     applicant's installed and accepted landscaping or infrastructure improvement:
209          (a) complies with the county's written standards for design, materials, and
210     workmanship; and
211          (b) will not fail in any material respect, as a result of poor workmanship or materials,
212     within the improvement warranty period.
213          (26) "Improvement warranty period" means a period:
214          (a) no later than one year after a county's acceptance of required landscaping; or
215          (b) no later than one year after a county's acceptance of required infrastructure, unless
216     the county:
217          (i) determines for good cause that a one-year period would be inadequate to protect the
218     public health, safety, and welfare; and
219          (ii) has substantial evidence, on record:
220          (A) of prior poor performance by the applicant; or
221          (B) that the area upon which the infrastructure will be constructed contains suspect soil
222     and the county has not otherwise required the applicant to mitigate the suspect soil.
223          (27) "Infrastructure improvement" means permanent infrastructure that is essential for
224     the public health and safety or that:
225          (a) is required for human consumption; and

226          (b) an applicant must install:
227          (i) in accordance with published installation and inspection specifications for public
228     improvements; and
229          (ii) as a condition of:
230          (A) recording a subdivision plat;
231          (B) obtaining a building permit; or
232          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
233     project.
234          (28) "Internal lot restriction" means a platted note, platted demarcation, or platted
235     designation that:
236          (a) runs with the land; and
237          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
238     the plat; or
239          (ii) designates a development condition that is enclosed within the perimeter of a lot
240     described on the plat.
241          (29) "Interstate pipeline company" means a person or entity engaged in natural gas
242     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
243     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
244          (30) "Intrastate pipeline company" means a person or entity engaged in natural gas
245     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
246     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
247          (31) "Land use applicant" means a property owner, or the property owner's designee,
248     who submits a land use application regarding the property owner's land.
249          (32) "Land use application":
250          (a) means an application that is:
251          (i) required by a county; and
252          (ii) submitted by a land use applicant to obtain a land use decision; and
253          (b) does not mean an application to enact, amend, or repeal a land use regulation.

254          (33) "Land use authority" means:
255          (a) a person, board, commission, agency, or body, including the local legislative body,
256     designated by the local legislative body to act upon a land use application; or
257          (b) if the local legislative body has not designated a person, board, commission,
258     agency, or body, the local legislative body.
259          (34) "Land use decision" means an administrative decision of a land use authority or
260     appeal authority regarding:
261          (a) a land use permit;
262          (b) a land use application; or
263          (c) the enforcement of a land use regulation, land use permit, or development
264     agreement.
265          (35) "Land use permit" means a permit issued by a land use authority.
266          (36) "Land use regulation":
267          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
268     specification, fee, or rule that governs the use or development of land;
269          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
270     and
271          (c) does not include:
272          (i) a land use decision of the legislative body acting as the land use authority, even if
273     the decision is expressed in a resolution or ordinance; or
274          (ii) a temporary revision to an engineering specification that does not materially:
275          (A) increase a land use applicant's cost of development compared to the existing
276     specification; or
277          (B) impact a land use applicant's use of land.
278          (37) "Legislative body" means the county legislative body, or for a county that has
279     adopted an alternative form of government, the body exercising legislative powers.
280          (38) "Local district" means any entity under Title 17B, Limited Purpose Local
281     Government Entities - Local Districts, and any other governmental or quasi-governmental

282     entity that is not a county, municipality, school district, or the state.
283          (39) "Lot" means a tract of land, regardless of any label, that is created by and shown
284     on a subdivision plat that has been recorded in the office of the county recorder.
285          (40) (a) "Lot line adjustment" means a relocation of a lot line boundary between
286     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
287     accordance with Section 17-27a-608, with the consent of the owners of record.
288          (b) "Lot line adjustment" does not mean a new boundary line that:
289          (i) creates an additional lot; or
290          (ii) constitutes a subdivision.
291          (41) "Major transit investment corridor" means public transit service that uses or
292     occupies:
293          (a) public transit rail right-of-way;
294          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
295     or
296          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
297     municipality or county and:
298          (i) a public transit district as defined in Section 17B-2a-802; or
299          (ii) an eligible political subdivision as defined in Section 59-12-2219.
300          (42) "Moderate income housing" means housing occupied or reserved for occupancy
301     by households with a gross household income equal to or less than 80% of the median gross
302     income for households of the same size in the county in which the housing is located.
303          (43) "Mountainous planning district" means an area[: (a)] designated by a county
304     legislative body in accordance with Section 17-27a-901[; and].
305          [(b) that is not otherwise exempt under Section 10-9a-304.]
306          (44) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
307     and expenses incurred in:
308          (a) verifying that building plans are identical plans; and
309          (b) reviewing and approving those minor aspects of identical plans that differ from the

310     previously reviewed and approved building plans.
311          (45) "Noncomplying structure" means a structure that:
312          (a) legally existed before [its] the structure's current land use designation; and
313          (b) because of one or more subsequent land use ordinance changes, does not conform
314     to the setback, height restrictions, or other regulations, excluding those regulations that govern
315     the use of land.
316          (46) "Nonconforming use" means a use of land that:
317          (a) legally existed before [its] the current land use designation;
318          (b) has been maintained continuously since the time the land use ordinance regulation
319     governing the land changed; and
320          (c) because of one or more subsequent land use ordinance changes, does not conform
321     to the regulations that now govern the use of the land.
322          (47) "Official map" means a map drawn by county authorities and recorded in the
323     county recorder's office that:
324          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
325     highways and other transportation facilities;
326          (b) provides a basis for restricting development in designated rights-of-way or between
327     designated setbacks to allow the government authorities time to purchase or otherwise reserve
328     the land; and
329          (c) has been adopted as an element of the county's general plan.
330          (48) "Parcel" means any real property that is not a lot created by and shown on a
331     subdivision plat recorded in the office of the county recorder.
332          (49) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
333     adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
334     agreement in accordance with Section 57-1-45, if no additional parcel is created and:
335          (i) none of the property identified in the agreement is subdivided land; or
336          (ii) the adjustment is to the boundaries of a single person's parcels.
337          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary

338     line that:
339          (i) creates an additional parcel; or
340          (ii) constitutes a subdivision.
341          (50) "Person" means an individual, corporation, partnership, organization, association,
342     trust, governmental agency, or any other legal entity.
343          (51) "Plan for moderate income housing" means a written document adopted by a
344     county legislative body that includes:
345          (a) an estimate of the existing supply of moderate income housing located within the
346     county;
347          (b) an estimate of the need for moderate income housing in the county for the next five
348     years;
349          (c) a survey of total residential land use;
350          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
351     income housing; and
352          (e) a description of the county's program to encourage an adequate supply of moderate
353     income housing.
354          (52) "Planning advisory area" means a contiguous, geographically defined portion of
355     the unincorporated area of a county established under this part with planning and zoning
356     functions as exercised through the planning advisory area planning commission, as provided in
357     this chapter, but with no legal or political identity separate from the county and no taxing
358     authority.
359          (53) "Plat" means a map or other graphical representation of lands that a licensed
360     professional land surveyor makes and prepares in accordance with Section 17-27a-603 or
361     57-8-13.
362          (54) "Potential geologic hazard area" means an area that:
363          (a) is designated by a Utah Geological Survey map, county geologist map, or other
364     relevant map or report as needing further study to determine the area's potential for geologic
365     hazard; or

366          (b) has not been studied by the Utah Geological Survey or a county geologist but
367     presents the potential of geologic hazard because the area has characteristics similar to those of
368     a designated geologic hazard area.
369          (55) "Public agency" means:
370          (a) the federal government;
371          (b) the state;
372          (c) a county, municipality, school district, local district, special service district, or other
373     political subdivision of the state; or
374          (d) a charter school.
375          (56) "Public hearing" means a hearing at which members of the public are provided a
376     reasonable opportunity to comment on the subject of the hearing.
377          (57) "Public meeting" means a meeting that is required to be open to the public under
378     Title 52, Chapter 4, Open and Public Meetings Act.
379          (58) "Public street" means a public right-of-way, including a public highway, public
380     avenue, public boulevard, public parkway, public road, public lane, public alley, public
381     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
382     easement, or other public way.
383          (59) "Receiving zone" means an unincorporated area of a county that the county
384     designates, by ordinance, as an area in which an owner of land may receive a transferable
385     development right.
386          (60) "Record of survey map" means a map of a survey of land prepared in accordance
387     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
388          (61) "Residential facility for persons with a disability" means a residence:
389          (a) in which more than one person with a disability resides; and
390          (b) (i) which is licensed or certified by the Department of Human Services under Title
391     62A, Chapter 2, Licensure of Programs and Facilities; or
392          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
393     21, Health Care Facility Licensing and Inspection Act.

394          (62) "Rules of order and procedure" means a set of rules that govern and prescribe in a
395     public meeting:
396          (a) parliamentary order and procedure;
397          (b) ethical behavior; and
398          (c) civil discourse.
399          (63) "Sanitary sewer authority" means the department, agency, or public entity with
400     responsibility to review and approve the feasibility of sanitary sewer services or onsite
401     wastewater systems.
402          (64) "Sending zone" means an unincorporated area of a county that the county
403     designates, by ordinance, as an area from which an owner of land may transfer a transferable
404     development right.
405          (65) "Site plan" means a document or map that may be required by a county during a
406     preliminary review preceding the issuance of a building permit to demonstrate that an owner's
407     or developer's proposed development activity meets a land use requirement.
408          (66) "Specified public agency" means:
409          (a) the state;
410          (b) a school district; or
411          (c) a charter school.
412          (67) "Specified public utility" means an electrical corporation, gas corporation, or
413     telephone corporation, as those terms are defined in Section 54-2-1.
414          (68) "State" includes any department, division, or agency of the state.
415          (69) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
416     plat.
417          (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
418     divided into two or more lots or other division of land for the purpose, whether immediate or
419     future, for offer, sale, lease, or development either on the installment plan or upon any and all
420     other plans, terms, and conditions.
421          (b) "Subdivision" includes:

422          (i) the division or development of land whether by deed, metes and bounds description,
423     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
424     includes all or a portion of a parcel or lot; and
425          (ii) except as provided in Subsection (70)(c), divisions of land for residential and
426     nonresidential uses, including land used or to be used for commercial, agricultural, and
427     industrial purposes.
428          (c) "Subdivision" does not include:
429          (i) a bona fide division or partition of agricultural land for agricultural purposes;
430          (ii) an agreement recorded with the county recorder's office between owners of
431     adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
432     with Section 57-1-45 if:
433          (A) no new lot is created; and
434          (B) the adjustment does not violate applicable land use ordinances;
435          (iii) a recorded document, executed by the owner of record:
436          (A) revising the legal description of more than one contiguous parcel of property that is
437     not subdivided land into one legal description encompassing all such parcels of property; or
438          (B) joining a subdivided parcel of property to another parcel of property that has not
439     been subdivided, if the joinder does not violate applicable land use ordinances;
440          (iv) a bona fide division or partition of land in a county other than a first class county
441     for the purpose of siting, on one or more of the resulting separate parcels:
442          (A) an electrical transmission line or a substation;
443          (B) a natural gas pipeline or a regulation station; or
444          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
445     utility service regeneration, transformation, retransmission, or amplification facility;
446          (v) an agreement between owners of adjoining subdivided properties adjusting the
447     mutual lot line boundary in accordance with Section 10-9a-603 if:
448          (A) no new dwelling lot or housing unit will result from the adjustment; and
449          (B) the adjustment will not violate any applicable land use ordinance;

450          (vi) a bona fide division or partition of land by deed or other instrument where the land
451     use authority expressly approves in writing the division in anticipation of further land use
452     approvals on the parcel or parcels;
453          (vii) a parcel boundary adjustment;
454          (viii) a lot line adjustment;
455          (ix) a road, street, or highway dedication plat; or
456          (x) a deed or easement for a road, street, or highway purpose.
457          (d) The joining of a subdivided parcel of property to another parcel of property that has
458     not been subdivided does not constitute a subdivision under this Subsection (70) as to the
459     unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
460     ordinance.
461          (71) "Subdivision amendment" means an amendment to a recorded subdivision in
462     accordance with Section 17-27a-608 that:
463          (a) vacates all or a portion of the subdivision;
464          (b) alters the outside boundary of the subdivision;
465          (c) changes the number of lots within the subdivision;
466          (d) alters a public right-of-way, a public easement, or public infrastructure within the
467     subdivision; or
468          (e) alters a common area or other common amenity within the subdivision.
469          (72) "Suspect soil" means soil that has:
470          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
471     3% swell potential;
472          (b) bedrock units with high shrink or swell susceptibility; or
473          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
474     commonly associated with dissolution and collapse features.
475          (73) "Therapeutic school" means a residential group living facility:
476          (a) for four or more individuals who are not related to:
477          (i) the owner of the facility; or

478          (ii) the primary service provider of the facility;
479          (b) that serves students who have a history of failing to function:
480          (i) at home;
481          (ii) in a public school; or
482          (iii) in a nonresidential private school; and
483          (c) that offers:
484          (i) room and board; and
485          (ii) an academic education integrated with:
486          (A) specialized structure and supervision; or
487          (B) services or treatment related to a disability, an emotional development, a
488     behavioral development, a familial development, or a social development.
489          (74) "Transferable development right" means a right to develop and use land that
490     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
491     land use rights from a designated sending zone to a designated receiving zone.
492          (75) "Unincorporated" means the area outside of the incorporated area of a
493     municipality.
494          (76) "Water interest" means any right to the beneficial use of water, including:
495          (a) each of the rights listed in Section 73-1-11; and
496          (b) an ownership interest in the right to the beneficial use of water represented by:
497          (i) a contract; or
498          (ii) a share in a water company, as defined in Section 73-3-3.5.
499          (77) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
500     land use zones, overlays, or districts.
501          Section 3. Section 17-27a-301 is amended to read:
502          17-27a-301. Ordinance establishing planning commission required -- Exception --
503     Ordinance requirements -- Planning advisory area planning commission --
504     Compensation.
505          (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance

506     establishing a countywide planning commission for the unincorporated areas of the county not
507     within a planning advisory area.
508          (b) Subsection (1)(a) does not apply if all of the county is included within any
509     combination of:
510          (i) municipalities;
511          (ii) planning advisory areas each with a separate planning commission; and
512          (iii) mountainous planning districts.
513          (c) (i) Notwithstanding Subsection (1)(a), [and except as provided in Subsection
514     (1)(c)(ii),] a county that designates a mountainous planning district shall enact an ordinance,
515     subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
516     the entire mountainous planning district[, including areas of the mountainous planning district
517     that are also located within a municipality or are unincorporated].
518          (ii) A planning commission described in Subsection (1)(c)(i)[: (A) does not have
519     jurisdiction over a municipality described in Subsection 10-9a-304(2)(b); and (B)] has
520     jurisdiction subject to a local health department exercising [its] the local health department's
521     authority in accordance with Title 26A, Chapter 1, Local Health Departments, and a
522     municipality exercising the municipality's authority in accordance with Section 10-8-15.
523          (iii) The ordinance shall require that[:] members of the planning commission be
524     appointed by the county executive with the advice and consent of the county legislative body.
525          [(A) members of the planning commission represent areas located in the
526     unincorporated and incorporated county;]
527          [(B) members of the planning commission be registered voters who reside either in the
528     unincorporated or incorporated county;]
529          [(C) at least one member of the planning commission resides within the mountainous
530     planning district and another member is a resident of a municipality located within the
531     mountainous planning district; and]
532          [(D) the county designate up to four seats on the planning commission, and fill each
533     vacancy in the designated seats in accordance with the procedure described in Subsection (8).]

534          (2) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county of
535     the first or second class that includes more than one planning advisory area each with a
536     separate planning commission may enact an ordinance that:
537          (i) dissolves each planning commission within the county; and
538          (ii) establishes a countywide planning commission that has jurisdiction over:
539          (A) each planning advisory area within the county; and
540          (B) the unincorporated areas of the county not within a planning advisory area.
541          (b) A countywide planning commission established under Subsection (2)(a) shall
542     assume the duties of each dissolved planning commission.
543          (3) (a) The ordinance described in Subsection (1)(a) or (c) or (2)(a) shall define:
544          (i) the number and terms of the members and, if the county chooses, alternate
545     members;
546          (ii) the mode of appointment;
547          (iii) the procedures for filling vacancies and removal from office;
548          (iv) the authority of the planning commission;
549          (v) subject to Subsection (3)(b), the rules of order and procedure for use by the
550     planning commission in a public meeting; and
551          (vi) other details relating to the organization and procedures of the planning
552     commission.
553          (b) Subsection (3)(a)(v) does not affect the planning commission's duty to comply with
554     Title 52, Chapter 4, Open and Public Meetings Act.
555          (4) (a) (i) If the county establishes a planning advisory area planning commission, the
556     county legislative body shall enact an ordinance that defines:
557          (A) appointment procedures;
558          (B) procedures for filling vacancies and removing members from office;
559          (C) subject to Subsection (4)(a)(ii), the rules of order and procedure for use by the
560     planning advisory area planning commission in a public meeting; and
561          (D) details relating to the organization and procedures of each planning advisory area

562     planning commission.
563          (ii) Subsection (4)(a)(i)(C) does not affect the planning advisory area planning
564     commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
565          (b) The planning commission for each planning advisory area shall consist of seven
566     members who shall be appointed by:
567          (i) in a county operating under a form of government in which the executive and
568     legislative functions of the governing body are separated, the county executive with the advice
569     and consent of the county legislative body; or
570          (ii) in a county operating under a form of government in which the executive and
571     legislative functions of the governing body are not separated, the county legislative body.
572          (c) (i) Members shall serve four-year terms and until their successors are appointed and
573     qualified.
574          (ii) Notwithstanding the provisions of Subsection (4)(c)(i), members of the first
575     planning commissions shall be appointed so that, for each commission, the terms of at least one
576     member and no more than two members expire each year.
577          (d) (i) Each member of a planning advisory area planning commission shall be a
578     registered voter residing within the planning advisory area.
579          (ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if
580     that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
581     area.
582          (5) (a) A member of a planning commission who was elected to and served on a
583     planning commission on May 12, 2015, shall serve out the term to which the member was
584     elected.
585          (b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant
586     seat shall be filled by appointment in accordance with this section.
587          (6) Upon the appointment of all members of a planning advisory area planning
588     commission, each planning advisory area planning commission under this section shall begin to
589     exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all

590     matters then pending that previously had been under the jurisdiction of the countywide
591     planning commission or planning advisory area planning and zoning board.
592          (7) The legislative body may authorize a member of a planning commission to receive
593     per diem and travel expenses for meetings actually attended, in accordance with Section
594     11-55-103.
595          [(8) (a) Subject to Subsection (8)(f), a county shall fill a vacancy in a planning
596     commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (8).]
597          [(b) If a county designates one or more planning commission seats under Subsection
598     (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:]
599          [(i) (A) are adjacent to the mountainous planning district; and]
600          [(B) border the entrance to a canyon that is located within the boundaries of the
601     mountainous planning district and accessed by a paved road maintained by the county or the
602     state; or]
603          [(ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.]
604          [(c) When there is a vacancy in a planning commission seat described in Subsection
605     (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
606     Subsection (8)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
607     the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.]
608          [(d) The city shall respond to a written request described in Subsection (8)(c) within 60
609     days after the day on which the city receives the written request.]
610          [(e) After the county receives the city's list of three individuals, the county shall submit
611     one of the individuals on the list for appointment to the vacant planning commission seat in
612     accordance with county ordinance.]
613          [(f) The county shall fill the vacancy in accordance with the county's standard
614     procedure if the city fails to timely respond to the written request.]
615          Section 4. Section 17-27a-401 is amended to read:
616          17-27a-401. General plan required -- Content -- Resource management plan --
617     Provisions related to radioactive waste facility.

618          (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
619     comprehensive, long-range general plan:
620          (a) for present and future needs of the county;
621          (b) (i) for growth and development of all or any part of the land within the
622     unincorporated portions of the county; or
623          (ii) if a county has designated a mountainous planning district, for growth and
624     development of all or any part of the land within the mountainous planning district; and
625          (c) as a basis for communicating and coordinating with the federal government on land
626     and resource management issues.
627          (2) To promote health, safety, and welfare, the general plan may provide for:
628          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
629     activities, aesthetics, and recreational, educational, and cultural opportunities;
630          (b) the reduction of the waste of physical, financial, or human resources that result
631     from either excessive congestion or excessive scattering of population;
632          (c) the efficient and economical use, conservation, and production of the supply of:
633          (i) food and water; and
634          (ii) drainage, sanitary, and other facilities and resources;
635          (d) the use of energy conservation and solar and renewable energy resources;
636          (e) the protection of urban development;
637          (f) the protection and promotion of air quality;
638          (g) historic preservation;
639          (h) identifying future uses of land that are likely to require an expansion or significant
640     modification of services or facilities provided by each affected entity; and
641          (i) an official map.
642          (3) (a) The general plan shall:
643          (i) allow and plan for moderate income housing growth; and
644          (ii) contain a resource management plan for the public lands, as defined in Section
645     63L-6-102, within the county .

646          (b) On or before December 1, 2019, a county with a general plan that does not comply
647     with Subsection (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
648          (c) The resource management plan described in Subsection (3)(a)(ii) shall address:
649          (i) mining;
650          (ii) land use;
651          (iii) livestock and grazing;
652          (iv) irrigation;
653          (v) agriculture;
654          (vi) fire management;
655          (vii) noxious weeds;
656          (viii) forest management;
657          (ix) water rights;
658          (x) ditches and canals;
659          (xi) water quality and hydrology;
660          (xii) flood plains and river terraces;
661          (xiii) wetlands;
662          (xiv) riparian areas;
663          (xv) predator control;
664          (xvi) wildlife;
665          (xvii) fisheries;
666          (xviii) recreation and tourism;
667          (xix) energy resources;
668          (xx) mineral resources;
669          (xxi) cultural, historical, geological, and paleontological resources;
670          (xxii) wilderness;
671          (xxiii) wild and scenic rivers;
672          (xxiv) threatened, endangered, and sensitive species;
673          (xxv) land access;

674          (xxvi) law enforcement;
675          (xxvii) economic considerations; and
676          (xxviii) air.
677          (d) For each item listed under Subsection (3)(c), a county's resource management plan
678     shall:
679          (i) establish findings pertaining to the item;
680          (ii) establish defined objectives; and
681          (iii) outline general policies and guidelines on how the objectives described in
682     Subsection (3)(d)(ii) are to be accomplished.
683          (4) (a) The general plan shall include specific provisions related to any areas within, or
684     partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
685     county, which are proposed for the siting of a storage facility or transfer facility for the
686     placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
687     these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
688     proposed site upon the health and general welfare of citizens of the state, and shall provide:
689          (i) the information identified in Section 19-3-305;
690          (ii) information supported by credible studies that demonstrates that the provisions of
691     Subsection 19-3-307(2) have been satisfied; and
692          (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
693     than class C radioactive waste and guarantee the health and safety of the citizens of the state.
694          (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
695     indicating that all proposals for the siting of a storage facility or transfer facility for the
696     placement of high-level nuclear waste or greater than class C radioactive waste wholly or
697     partially within the county are rejected.
698          (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
699          (d) The county shall send a certified copy of the ordinance described in Subsection
700     (4)(b) to the executive director of the Department of Environmental Quality by certified mail
701     within 30 days of enactment.

702          (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
703          (i) comply with Subsection (4)(a) as soon as reasonably possible; and
704          (ii) send a certified copy of the repeal to the executive director of the Department of
705     Environmental Quality by certified mail within 30 days after the repeal.
706          (5) The general plan may define the county's local customs, local culture, and the
707     components necessary for the county's economic stability.
708          (6) Subject to Subsection 17-27a-403(2), the county may determine the
709     comprehensiveness, extent, and format of the general plan.
710          (7) If a county has designated a mountainous planning district, the general plan for the
711     mountainous planning district is the controlling plan [and takes precedence over a
712     municipality's general plan for property located within the mountainous planning district].
713          (8) Nothing in this part may be construed to limit the authority of the state to manage
714     and protect wildlife under Title 23, Wildlife Resources Code of Utah.
715          Section 5. Section 17-27a-403 is amended to read:
716          17-27a-403. Plan preparation.
717          (1) (a) The planning commission shall provide notice, as provided in Section
718     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
719     plan or a comprehensive general plan amendment when the planning commission initiates the
720     process of preparing its recommendation.
721          (b) The planning commission shall make and recommend to the legislative body a
722     proposed general plan for:
723          (i) the unincorporated area within the county; or
724          (ii) if the planning commission is a planning commission for a mountainous planning
725     district, the mountainous planning district.
726          (c) (i) The plan may include planning for incorporated areas if, in the planning
727     commission's judgment, they are related to the planning of the unincorporated territory or of
728     the county as a whole.
729          (ii) Elements of the county plan that address incorporated areas are not an official plan

730     or part of a municipal plan for any municipality, unless [it] the county plan is recommended by
731     the municipal planning commission and adopted by the governing body of the municipality.
732          [(iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
733     planning district, the plan for the mountainous planning district controls and precedes a
734     municipal plan, if any, to which the property would be subject.]
735          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
736     and descriptive and explanatory matter, shall include the planning commission's
737     recommendations for the following plan elements:
738          (i) a land use element that:
739          (A) designates the long-term goals and the proposed extent, general distribution, and
740     location of land for housing for residents of various income levels, business, industry,
741     agriculture, recreation, education, public buildings and grounds, open space, and other
742     categories of public and private uses of land as appropriate; and
743          (B) may include a statement of the projections for and standards of population density
744     and building intensity recommended for the various land use categories covered by the plan;
745          (ii) a transportation and traffic circulation element that:
746          (A) provides the general location and extent of existing and proposed freeways, arterial
747     and collector streets, public transit, active transportation facilities, and other modes of
748     transportation that the planning commission considers appropriate;
749          (B) addresses the county's plan for residential and commercial development around
750     major transit investment corridors to maintain and improve the connections between housing,
751     employment, education, recreation, and commerce; and
752          (C) correlates with the population projections, the employment projections, and the
753     proposed land use element of the general plan;
754          (iii) a plan for the development of additional moderate income housing within the
755     unincorporated area of the county or the mountainous planning district, and a plan to provide a
756     realistic opportunity to meet the need for additional moderate income housing; and
757          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,

758     and policies required by Subsection 17-27a-401(3).
759          (b) In drafting the moderate income housing element, the planning commission:
760          (i) shall consider the Legislature's determination that counties should facilitate a
761     reasonable opportunity for a variety of housing, including moderate income housing:
762          (A) to meet the needs of people of various income levels living, working, or desiring to
763     live or work in the community; and
764          (B) to allow people with various incomes to benefit from and fully participate in all
765     aspects of neighborhood and community life; and
766          (ii) shall include an analysis of how the county will provide a realistic opportunity for
767     the development of moderate income housing within the planning horizon, which may include
768     a recommendation to implement three or more of the following strategies:
769          (A) rezone for densities necessary to assure the production of moderate income
770     housing;
771          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
772     construction of moderate income housing;
773          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
774     income housing;
775          (D) consider county general fund subsidies or other sources of revenue to waive
776     construction related fees that are otherwise generally imposed by the county;
777          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
778     residential zones;
779          (F) allow for higher density or moderate income residential development in
780     commercial and mixed-use zones, commercial centers, or employment centers;
781          (G) encourage higher density or moderate income residential development near major
782     transit investment corridors;
783          (H) eliminate or reduce parking requirements for residential development where a
784     resident is less likely to rely on the resident's own vehicle, such as residential development near
785     major transit investment corridors or senior living facilities;

786          (I) allow for single room occupancy developments;
787          (J) implement zoning incentives for low to moderate income units in new
788     developments;
789          (K) utilize strategies that preserve subsidized low to moderate income units on a
790     long-term basis;
791          (L) preserve existing moderate income housing;
792          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
793     income housing;
794          (N) participate in a community land trust program for low or moderate income
795     housing;
796          (O) implement a mortgage assistance program for employees of the county or of an
797     employer that provides contracted services for the county;
798          (P) apply for or partner with an entity that applies for state or federal funds or tax
799     incentives to promote the construction of moderate income housing;
800          (Q) apply for or partner with an entity that applies for programs offered by the Utah
801     Housing Corporation within that agency's funding capacity;
802          (R) apply for or partner with an entity that applies for affordable housing programs
803     administered by the Department of Workforce Services;
804          (S) apply for or partner with an entity that applies for services provided by a public
805     housing authority to preserve and create moderate income housing;
806          (T) apply for or partner with an entity that applies for programs administered by a
807     metropolitan planning organization or other transportation agency that provides technical
808     planning assistance;
809          (U) utilize a moderate income housing set aside from a community reinvestment
810     agency, redevelopment agency, or community development and renewal agency;
811          (V) reduce residential building design elements as defined in Section 10-9a-403; and
812          (W) consider any other program or strategy implemented by the county to address the
813     housing needs of residents of the county who earn less than 80% of the area median income.

814          (c) In drafting the land use element, the planning commission shall:
815          (i) identify and consider each agriculture protection area within the unincorporated area
816     of the county or mountainous planning district; and
817          (ii) avoid proposing a use of land within an agriculture protection area that is
818     inconsistent with or detrimental to the use of the land for agriculture.
819          (d) In drafting the transportation and traffic circulation element, the planning
820     commission shall:
821          (i) consider the regional transportation plan developed by its region's metropolitan
822     planning organization, if the relevant areas of the county are within the boundaries of a
823     metropolitan planning organization; or
824          (ii) consider the long-range transportation plan developed by the Department of
825     Transportation, if the relevant areas of the county are not within the boundaries of a
826     metropolitan planning organization.
827          (3) The proposed general plan may include:
828          (a) an environmental element that addresses:
829          (i) to the extent not covered by the county's resource management plan, the protection,
830     conservation, development, and use of natural resources, including the quality of air, forests,
831     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
832     and
833          (ii) the reclamation of land, flood control, prevention and control of the pollution of
834     streams and other waters, regulation of the use of land on hillsides, stream channels and other
835     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
836     protection of watersheds and wetlands, and the mapping of known geologic hazards;
837          (b) a public services and facilities element showing general plans for sewage, water,
838     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
839     police and fire protection, and other public services;
840          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
841     programs for:

842          (i) historic preservation;
843          (ii) the diminution or elimination of a development impediment as defined in Section
844     17C-1-102; and
845          (iii) redevelopment of land, including housing sites, business and industrial sites, and
846     public building sites;
847          (d) an economic element composed of appropriate studies and forecasts, as well as an
848     economic development plan, which may include review of existing and projected county
849     revenue and expenditures, revenue sources, identification of basic and secondary industry,
850     primary and secondary market areas, employment, and retail sales activity;
851          (e) recommendations for implementing all or any portion of the general plan, including
852     the use of land use ordinances, capital improvement plans, community development and
853     promotion, and any other appropriate action;
854          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
855     (3)(a)(i); and
856          (g) any other element the county considers appropriate.
857          Section 6. Section 17-27a-901 is amended to read:
858          17-27a-901. Mountainous planning district.
859          (1) (a) The legislative body of a county of the first class may adopt an ordinance
860     designating an area located within the county as a mountainous planning district if the
861     legislative body determines that:
862          (i) the area is primarily used for recreational purposes, including canyons, foothills, ski
863     resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the
864     Wasatch Range;
865          (ii) the area is used by residents of the county who live inside and outside the limits of
866     a municipality;
867          (iii) the total resident population in the proposed mountainous planning district is equal
868     to or less than 5% of the population of the county;
869          (iv) the area is within the unincorporated area of the county or was within the

870     unincorporated area of the county before May 12, 2015; and
871          (v) the area includes land designated as part of a national forest on or before May 9,
872     2017.
873          [(b) (i) A mountainous planning district may include within its boundaries a
874     municipality, whether in whole or in part.]
875          [(ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district
876     includes within its boundaries an unincorporated area, and that area subsequently incorporates
877     as a municipality:]
878          [(A) the area of the incorporated municipality that is located in the mountainous
879     planning district is included within the mountainous planning district boundaries; and]
880          [(B) property within the municipality that is also within the mountainous planning
881     district is subject to the authority of the mountainous planning district.]
882          [(iii) A subdivision and zoning ordinance that governs property located within a
883     mountainous planning district shall control over any subdivision or zoning ordinance, as
884     applicable, that a municipality may adopt.]
885          [(iv) A county shall allow an area within the boundaries of a mountainous planning
886     district to withdraw from the mountainous planning district if:]
887          [(A) the area contains less than 100 acres;]
888          [(B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4,
889     Annexation;]
890          [(C) the county determines that the area does not contain United States Forest Service
891     land or land that is designated as watershed; and]
892           [(D) the county determines that the area is not used by individuals for recreational
893     purposes.]
894          [(v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous
895     planning district is not subject to the authority of the mountainous planning district.]
896          [(c)] (b) The population figure under Subsection (1)(a)(iii) shall be derived from a
897     population estimate by the Utah Population Committee.

898          [(d) If any portion of a proposed mountainous planning district includes a municipality
899     with a land base of five square miles or less, the county shall ensure that all of that municipality
900     is wholly located within the boundaries of the mountainous planning district.]
901          (2) (a) [Notwithstanding Subsection 10-9a-102(2), 17-34-1(2)(a), or 17-50-302(1)(b),
902     or Section 17-50-314, a] A county may adopt a general plan and adopt a zoning or subdivision
903     ordinance for a property that is located within[:] a mountainous planning district.
904          [(i) a mountainous planning district; and]
905          [(ii) a municipality.]
906          (b) A county plan or zoning or subdivision ordinance governs a property described in
907     Subsection (2)(a).
908          [(3) A planning commission with jurisdiction over a mountainous planning district in a
909     county of the first class shall submit a report that summarizes actions the planning commission
910     has taken and any recommendations regarding the mountainous planning district to the
911     Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later
912     than November 30 of each year.]
913          Section 7. Section 63I-2-210 is amended to read:
914          63I-2-210. Repeal dates -- Title 10.
915          [(1)] Section 10-6-160.1 is repealed January 1, 2021.
916          [(2) Subsection 10-9a-304(2), regarding municipal authority over property located
917     within a mountainous planning district, is repealed June 1, 2021.]
918          [(3) When repealing Subsection 10-9a-304(2), the Office of Legislative Research and
919     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
920     necessary changes to subsection numbering and cross references.]
921          Section 8. Section 63I-2-217 is amended to read:
922          63I-2-217. Repeal dates -- Title 17.
923          [(1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.]
924          [(2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs
925     Study Council, is repealed January 1, 2021.]

926          [(3) Subsection 17-27a-102(1)(b), the language that states "or a designated
927     mountainous planning district" is repealed June 1, 2021.]
928          [(4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
929     repealed June 1, 2021.]
930          [(b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
931     June 1, 2021.]
932          [(5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous
933     planning district area" is repealed June 1, 2021.]
934          [(6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
935     repealed June 1, 2021.]
936          [(b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is
937     repealed June 1, 2021.]
938          [(c) Subsection 17-27a-301(3)(a), the language that states " or (c)" is repealed June 1,
939     2021.]
940          [(7) Section 17-27a-302, the language that states ", or mountainous planning district"
941     and "or the mountainous planning district," is repealed June 1, 2021.]
942          [(8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
943     district or" and ", as applicable" is repealed June 1, 2021.]
944          [(9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
945     repealed June 1, 2021.]
946          [(b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
947     June 1, 2021.]
948          [(10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
949     repealed June 1, 2021.]
950          [(b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
951     repealed June 1, 2021.]
952          [(c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
953     planning district" is repealed June 1, 2021.]

954          [(d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
955     district" is repealed June 1, 2021.]
956          [(11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
957     repealed June 1, 2021.]
958          [(12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
959     repealed June 1, 2021.]
960          [(13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
961     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.]
962          [(14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
963     repealed June 1, 2021.]
964          [(15) Subsection 17-27a-605(1)(a), the language that states "or mountainous planning
965     district land" is repealed June 1, 2021.]
966          [(16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
967     2021.]
968          [(17) On June 1, 2021, when making the changes in this section, the Office of
969     Legislative Research and General Counsel shall:]
970          [(a) in addition to its authority under Subsection 36-12-12(3):]
971          [(i) make corrections necessary to ensure that sections and subsections identified in this
972     section are complete sentences and accurately reflect the office's understanding of the
973     Legislature's intent; and]
974          [(ii) make necessary changes to subsection numbering and cross references; and]
975          [(b) identify the text of the affected sections and subsections based upon the section
976     and subsection numbers used in Laws of Utah 2017, Chapter 448.]
977          [(18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
978     in a designated recreation area, is repealed June 1, 2021.]
979          [(19)] (1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
980     January 1, 2022.
981          [(20)] (2) On June 1, 2022:

982          (a) Section 17-52a-104 is repealed;
983          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
984     described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
985          (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.
986          [(21)] (3) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to
987     initiate a change of form of government process by July 1, 2018, is repealed.