7 LONG TITLE
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:
26 Other Special Clauses:
28 Utah Code Sections Affected:
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.
43 construed as giving a municipality jurisdiction over property owned by the state or the United
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 [
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;
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
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 [
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 [
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
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
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);
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
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
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
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
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
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;
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
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;
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[
304 legislative body in accordance with Section 17-27a-901[
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 [
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 [
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
347 (b) an estimate of the need for moderate income housing in the county for the next five
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
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
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
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
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
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 --
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), [
515 subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
516 the entire mountainous planning district[
518 (ii) A planning commission described in Subsection (1)(c)(i)[
520 jurisdiction subject to a local health department exercising [
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[
524 appointed by the county executive with the advice and consent of the county legislative body.
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
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
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
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
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
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
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
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 [
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 [
731 the municipal planning commission and adopted by the governing body of the municipality.
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
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
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
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;
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,
897 population estimate by the Utah Population Committee.
901 (2) (a) [
903 ordinance for a property that is located within[
906 (b) A county plan or zoning or subdivision ordinance governs a property described in
907 Subsection (2)(a).
913 Section 7. Section 63I-2-210 is amended to read:
914 63I-2-210. Repeal dates -- Title 10.
921 Section 8. Section 63I-2-217 is amended to read:
922 63I-2-217. Repeal dates -- Title 17.
980 January 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.
987 initiate a change of form of government process by July 1, 2018, is repealed.