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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to permitting.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires a local entity or state agency to include certain information in a local or
14 state permit application;
15 ▸ requires a local entity or state agency to make a determination on a permit
16 application within a specified time and allows for certain extensions;
17 ▸ provides that a permit application is deemed approved if a local entity or state
18 agency fails to make a determination within a specified time, unless certain
19 conditions are met;
20 ▸ establishes certain requirements for a local permit that considers criteria related to
21 health;
22 ▸ allows a permit applicant to challenge the denial of a local or state permit through
23 an administrative appeal process and subsequent judicial review; and
24 ▸ provides exceptions for certain local and state permits.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 11-65-101, Utah Code Annotated 1953
32 11-65-102, Utah Code Annotated 1953
33 11-65-103, Utah Code Annotated 1953
34 11-65-201, Utah Code Annotated 1953
35 11-65-202, Utah Code Annotated 1953
36 63G-27-101, Utah Code Annotated 1953
37 63G-27-102, Utah Code Annotated 1953
38 63G-27-103, Utah Code Annotated 1953
39 63G-27-201, Utah Code Annotated 1953
40 63G-27-202, Utah Code Annotated 1953
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42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 11-65-101 is enacted to read:
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46 11-65-101. Title.
47 This chapter is known as the "Local Permitting Act."
48 Section 2. Section 11-65-102 is enacted to read:
49 11-65-102. Definitions.
50 As used in this section:
51 (1) "Applicant" means a person that submits an application for a local permit to a local
52 entity.
53 (2) "Local entity" means a county, city, town, or metro township.
54 (3) (a) "Local permit" means an objective administrative approval issued by a local
55 entity when the local entity requires a person to obtain the local entity's approval to engage in
56 an activity within the local entity's jurisdiction.
57 (b) "Local permit" does not include:
58 (i) a building permit;
59 (ii) a land use permit issued under:
60 (A) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
61 (B) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
62 (iii) a negotiated contract;
63 (iv) a permit issued by a local entity on behalf or under the direction of a state agency
64 as defined in Section 67-25-102, in accordance with a permitting process established in a
65 written policy; or
66 (v) a permit issued by an airport operator, as defined in Section 72-10-102, for airport
67 operations.
68 Section 3. Section 11-65-103 is enacted to read:
69 11-65-103. Applicability of chapter limited.
70 This chapter does not apply to a local permit if a specific permitting process for the
71 local permit is established in another provision in the Utah Code.
72 Section 4. Section 11-65-201 is enacted to read:
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74 11-65-201. Content of local permit application -- Local permitting process.
75 (1) (a) A local entity that requires a local permit shall include in the local permit
76 application the criteria that the local entity uses to determine whether to grant the local permit
77 to an applicant.
78 (b) The criteria described in Subsection (1)(a) shall be:
79 (i) in writing; and
80 (ii) stated in clear and unambiguous language.
81 (2) Subject to Subsections (3) and (4), within 30 days after the day on which an
82 applicant submits a local permit application to a local entity, the local entity shall:
83 (a) make a determination on the local permit application; and
84 (b) notify the applicant of the determination.
85 (3) If a local permit requires the approval of a state or federal agency:
86 (a) Subsection (2) does not apply; and
87 (b) within 60 days after the day on which an applicant submits a local permit
88 application to a local entity, the local entity shall:
89 (i) make a determination on the local permit application; and
90 (ii) notify the applicant of the determination.
91 (4) (a) A local entity may extend the deadline described in Subsection (2) or (3) if:
92 (i) before the day of the deadline, the local entity provides written notice to the
93 applicant that an extension of time is needed, including:
94 (A) the reasons for needing the extension; and
95 (B) if the local entity needs additional information from the applicant, a description of
96 the additional information; or
97 (ii) the applicant requests an extension in writing.
98 (b) A local entity that provides written notice of an extension under Subsection
99 (4)(a)(i) shall make a determination on the local permit application and notify the applicant
100 regarding the determination:
101 (i) within 30 days after the day on which the local entity provides written notice of the
102 extension; or
103 (ii) if the local entity requests additional information under Subsection (4)(a)(i)(B),
104 within 30 days after the day on which the applicant provides the additional information.
105 (5) If a local entity fails to make a determination on a local permit application in
106 accordance with Subsections (2) through (4), the local permit application is deemed approved
107 unless:
108 (a) the local permit application submitted by the applicant is incomplete or otherwise
109 deficient;
110 (b) the local entity provides written notice of the deficiency to the applicant before the
111 day of the deadline; and
112 (c) the applicant fails to correct the deficiency within 30 days after the day on which
113 the local entity provides written notice of the deficiency.
114 (6) If a local entity considers criteria related to health in issuing a local permit, the
115 criteria may not be more restrictive than the criteria established by the local health department
116 with jurisdiction over the area in which the local entity is located.
117 Section 5. Section 11-65-202 is enacted to read:
118 11-65-202. Appeals.
119 (1) (a) If a local entity denies an application for a local permit in accordance with
120 Section 11-65-201, the local entity shall:
121 (i) notify the applicant in writing of the reasons for the denial; and
122 (ii) give the applicant an opportunity to challenge the denial through an administrative
123 appeal process established by the local entity.
124 (b) Subsection (1)(a) does not apply to a denial under Subsection 11-65-201(5).
125 (2) An applicant that challenges the denial of a local permit through the administrative
126 appeal process described in Subsection (1)(a)(ii) may bring an action in a court of competent
127 jurisdiction for de novo review of the local entity's final decision.
128 Section 6. Section 63G-27-101 is enacted to read:
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131 63G-27-101. Title.
132 This chapter is known as the "State Permitting Act."
133 Section 7. Section 63G-27-102 is enacted to read:
134 63G-27-102. Definitions.
135 As used in this section:
136 (1) "Applicant" means a person that submits an application for a state permit to a state
137 agency.
138 (2) "State agency" means the same as that term is defined in Section 67-25-102.
139 (3) (a) "State permit" means an objective administrative approval issued by a state
140 agency when the state agency requires a person to obtain the state agency's approval to engage
141 in an activity within the state's jurisdiction.
142 (b) "State permit" does not include:
143 (i) a negotiated contract; or
144 (ii) a permit issued by an airport operator, as defined in Section 72-10-102, for airport
145 operations.
146 Section 8. Section 63G-27-103 is enacted to read:
147 63G-27-103. Applicability of chapter limited.
148 This chapter does not apply to a state permit if a specific permitting process for the state
149 permit is established:
150 (1) in another provision in the Utah Code;
151 (2) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
152 Rulemaking Act; or
153 (3) in a written policy adopted by the state agency that issues the state permit.
154 Section 9. Section 63G-27-201 is enacted to read:
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156 63G-27-201. Content of state permit application -- State permitting process.
157 (1) (a) A state agency that requires a state permit shall include in the state permit
158 application the criteria that the state agency uses to determine whether to grant the state permit
159 to an applicant.
160 (b) The criteria described in Subsection (1)(a) shall be:
161 (i) in writing; and
162 (ii) stated in clear and unambiguous language.
163 (2) Subject to Subsections (3) and (4), within 30 days after the day on which an
164 applicant submits a state permit application to a state agency, the state agency shall:
165 (a) make a determination on the state permit application; and
166 (b) notify the applicant of the determination.
167 (3) If a state permit requires the approval of a state or federal agency:
168 (a) Subsection (2) does not apply; and
169 (b) within 60 days after the day on which an applicant submits a state permit
170 application to a state agency, the state agency shall:
171 (i) make a determination on the state permit application; and
172 (ii) notify the applicant of the determination.
173 (4) (a) A state agency may extend the deadline described in Subsection (2) or (3) if:
174 (i) before the day of the deadline, the state agency provides written notice to the
175 applicant that an extension of time is needed, including:
176 (A) the reasons for needing the extension; and
177 (B) if the state agency needs additional information from the applicant, a description of
178 the additional information; or
179 (ii) the applicant requests an extension in writing.
180 (b) A state agency that provides written notice of an extension under Subsection
181 (4)(a)(i) shall make a determination on the state permit application and notify the applicant
182 regarding the determination:
183 (i) within 30 days after the day on which the state agency provides written notice of the
184 extension; or
185 (ii) if the state agency requests additional information under Subsection (4)(a)(i)(B),
186 within 30 days after the day on which the applicant provides the additional information.
187 (5) If a state agency fails to make a determination on a state permit application in
188 accordance with Subsections (2) through (4), the state permit application is deemed approved
189 unless:
190 (a) the state permit application submitted by the applicant is incomplete or otherwise
191 deficient;
192 (b) the state agency provides written notice of the deficiency to the applicant before the
193 day of the deadline; and
194 (c) the applicant fails to correct the deficiency within 30 days after the day on which
195 the state agency provides written notice of the deficiency.
196 Section 10. Section 63G-27-202 is enacted to read:
197 63G-27-202. Appeals.
198 (1) (a) If a state agency denies an application for a state permit in accordance with
199 Section 63G-27-201, the state agency shall:
200 (i) notify the applicant in writing of the reasons for the denial; and
201 (ii) give the applicant an opportunity to challenge the denial through an administrative
202 appeal under Title 63G, Chapter 4, Administrative Procedures Act.
203 (b) Subsection (1)(a) does not apply to a denial under Subsection 63G-27-201(5).
204 (2) An applicant that challenges the denial of a state permit through the administrative
205 appeal process described in Subsection (1)(a)(ii) may bring an action in a court of competent
206 jurisdiction for de novo review of the state agency's final decision.