1     
MUNICIPAL AND COUNTY LAND USE AND DEVELOPMENT

2     
REVISIONS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Waldrip

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill revises provisions related to municipal and county land use development and
11     management.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies provisions related to when a person may challenge an annexation in
15     district court;
16          ▸     modifies notice requirements after a municipality receives a request for
17     disconnection;
18          ▸     modifies notice requirements related to an amendment to public improvements in a
19     subdivision or development;
20          ▸     removes a prohibition on imposing a land use regulation under certain
21     circumstances;
22          ▸     modifies evidence requirements related to a noncomplying structure or a
23     nonconforming use;
24          ▸     authorizes a municipality or a county to determine if combining lots constitutes a
25     subdivision amendment;
26          ▸     modifies the requirements for preparation of a subdivided plat by a surveyor;
27          ▸     modifies provisions related to determining when a land use decision is illegal;

28          ▸     creates a process to establish an agreed boundary between landowners when a
29     boundary is disputed or uncertain; and
30          ▸     makes technical changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          10-2-407, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
38          10-2-501, as last amended by Laws of Utah 2021, Chapters 84 and 345
39          10-9a-212, as enacted by Laws of Utah 2012, Chapter 216
40          10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385
41          10-9a-511, as last amended by Laws of Utah 2018, Chapter 239
42          10-9a-601, as last amended by Laws of Utah 2021, Chapter 385
43          10-9a-603, as last amended by Laws of Utah 2021, Chapters 47, 162, and 345
44          10-9a-608, as last amended by Laws of Utah 2021, Chapter 385
45          10-9a-801, as last amended by Laws of Utah 2021, Chapter 385
46          17-27a-212, as enacted by Laws of Utah 2012, Chapter 216
47          17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385
48          17-27a-510, as last amended by Laws of Utah 2018, Chapter 239
49          17-27a-601, as last amended by Laws of Utah 2021, Chapter 385
50          17-27a-603, as last amended by Laws of Utah 2021, Chapters 47, 162, and 345
51          17-27a-608, as last amended by Laws of Utah 2021, Chapter 385
52          17-27a-801, as last amended by Laws of Utah 2021, Chapter 385
53          57-1-45, as last amended by Laws of Utah 2021, Chapter 385
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 10-2-407 is amended to read:
57          10-2-407. Protest to annexation petition -- Planning advisory area planning
58     commission recommendation -- Petition requirements -- Disposition of petition if no

59     protest filed.
60          (1) A protest to an annexation petition under Section 10-2-403 may only be filed by:
61          (a) the legislative body or governing board of an affected entity;
62          (b) an owner of rural real property;
63          (c) for a proposed annexation of an area within a county of the first class, an owner of
64     private real property that:
65          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
66     annexation;
67          (ii) covers at least 25% of the private land area located in the unincorporated area
68     within 1/2 mile of the area proposed for annexation; and
69          (iii) is equal in value to at least 15% of all real property located in the unincorporated
70     area within 1/2 mile of the area proposed for annexation; or
71          (d) an owner of private real property located in a mining protection area.
72          (2) Each protest under Subsection (1) shall:
73          (a) be filed:
74          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
75     certification under Subsection 10-2-405(2)(c)(i); and
76          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
77     the commission; or
78          (B) in a county that has not yet created a commission under Section 10-2-409, with the
79     clerk of the county in which the area proposed for annexation is located;
80          (b) state each reason for the protest of the annexation petition and, if the area proposed
81     to be annexed is located in a specified county, justification for the protest under the standards
82     established in this chapter;
83          (c) if the area proposed to be annexed is located in a specified county, contain other
84     information that the commission by rule requires or that the party filing the protest considers
85     pertinent; and
86          (d) contain the name and address of a contact person who is to receive notices sent by
87     the commission with respect to the protest proceedings.
88          (3) The party filing a protest under this section shall on the same date deliver or mail a
89     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.

90          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
91          (a) immediately notify the county legislative body of the protest; and
92          (b) deliver the protest to the boundary commission within five days after:
93          (i) receipt of the protest, if the boundary commission has previously been created; or
94          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
95     boundary commission has not previously been created.
96          (5) (a) If a protest is filed under this section:
97          (i) the municipal legislative body may, at its next regular meeting after expiration of
98     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
99          (ii) if the municipal legislative body does not deny the annexation petition under
100     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
101     annexation petition until after receipt of the commission's notice of its decision on the protest
102     under Section 10-2-416.
103          (b) If a municipal legislative body denies an annexation petition under Subsection
104     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
105     the denial in writing to:
106          (i) the contact sponsor of the annexation petition;
107          (ii) the commission; and
108          (iii) each entity that filed a protest.
109          (6) If no timely protest is filed under this section, the municipal legislative body may,
110     subject to Subsection (7), approve the petition.
111          (7) Before approving an annexation petition under Subsection (6), the municipal
112     legislative body shall hold a public hearing and provide notice of the public hearing:
113          (a) (i) at least seven days before the day of the public hearing, by posting one notice,
114     and at least one additional notice per 2,000 population within the municipality and the area
115     proposed for annexation, in places within that combined area that are most likely to give notice
116     to the residents within, and the owners of real property located within, the combined area,
117     subject to a maximum of 10 notices; or
118          (ii) at least 10 days before the day of the public hearing, by mailing the notice to each
119     residence within, and to each owner of real property located within, the combined area
120     described in Subsection (7)(a)(i);

121          (b) by posting notice on the Utah Public Notice Website, created in Section
122     63A-16-601, for seven days before the day of the public hearing; and
123          (c) if the municipality has a website, by posting notice on the municipality's website for
124     seven days before the day of the public hearing.
125          (8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
126     Subsection (1) has standing to challenge an annexation in district court.
127          (b) A person or entity described in Subsection (1) may only bring an action in district
128     court to challenge an annexation if the person or entity has timely filed a protest as described in
129     Subsection (2) and exhausted the administrative remedies described in this section.
130          Section 2. Section 10-2-501 is amended to read:
131          10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
132     Requirements upon filing request.
133          (1) As used in this part "petitioner" means:
134          (a) one or more persons who:
135          (i) own title to real property within the area proposed for disconnection; and
136          (ii) sign a request for disconnection proposing to disconnect the area proposed for
137     disconnection from the municipality; or
138          (b) the mayor of the municipality within which the area proposed for disconnection is
139     located who signs a request for disconnection proposing to disconnect the area proposed for
140     disconnection from the municipality.
141          (2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
142     municipality shall file with that municipality's legislative body a request for disconnection.
143          (b) Each request for disconnection shall:
144          (i) contain the names, addresses, and signatures of the owners of more than 50% of any
145     private real property in the area proposed for disconnection;
146          (ii) give the reasons for the proposed disconnection;
147          (iii) include a map or plat of the territory proposed for disconnection; and
148          (iv) designate between one and five persons with authority to act on the petitioner's
149     behalf in the proceedings.
150          (3) Upon filing the request for disconnection, the petitioner shall publish notice of the
151     request:

152          (a) (i) once a week for three consecutive weeks before the public hearing described in
153     Section 10-2-502.5 in a newspaper of general circulation within the municipality; or
154          (ii) if there is no newspaper of general circulation in the municipality, at least three
155     weeks before the day of the public hearing described in Section 10-2-502.5, by posting one
156     notice, and at least one additional notice per 2,000 population of the municipality, in places
157     within the municipality that are most likely to give notice to the residents within, and the
158     owners of real property located within, the municipality, including the residents who live in the
159     area proposed for disconnection; [or]
160          [(iii) at least three weeks before the day of the public hearing described in Section
161     10-2-502.5, by mailing notice to each residence within, and each owner of real property located
162     within, the municipality;]
163          (b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
164     before the day of the public hearing described in Section 10-2-502.5;
165          (c) in accordance with the legal notice requirements described in Section 45-1-101, for
166     three weeks before the day of the public hearing described in Section 10-2-502.5;
167          (d) by mailing notice to each:
168          (i) owner of real property located within the area proposed to be disconnected; and
169          (ii) residence within the area proposed to be disconnected;
170          (e) by delivering a copy of the request to the legislative body of the county in which the
171     area proposed for disconnection is located; and
172          (f) if the municipality has a website, on the municipality's website for three weeks
173     before the day of the public hearing.
174          Section 3. Section 10-9a-212 is amended to read:
175          10-9a-212. Notice for an amendment to public improvements in a subdivision or
176     development.
177          [Prior to] Before implementing an amendment to adopted specifications for public
178     improvements that apply to a subdivision or a development, a municipality shall [give 30 days
179     mailed notice and an opportunity to comment to anyone who has requested the notice in
180     writing.]:
181          (1) hold a public hearing;
182          (2) mail a notice 30 days or more before the date of the public hearing to:

183          (a) each person who has submitted a land use application for which the land use
184     authority has not issued a land use decision; and
185          (b) each person who makes a written request to receive a copy of the notice; and
186          (3) allow each person who receives a notice in accordance with Subsection (2) to
187     provide public comment in writing before the public hearing or in person during the public
188     hearing.
189          Section 4. Section 10-9a-509 is amended to read:
190          10-9a-509. Applicant's entitlement to land use application approval --
191     Municipality's requirements and limitations -- Vesting upon submission of development
192     plan and schedule.
193          (1) (a) (i) An applicant who has submitted a complete land use application as described
194     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
195     review of the application under the land use regulations:
196          (A) in effect on the date that the application is complete; and
197          (B) applicable to the application or to the information shown on the application.
198          (ii) An applicant is entitled to approval of a land use application if the application
199     conforms to the requirements of the applicable land use regulations, land use decisions, and
200     development standards in effect when the applicant submits a complete application and pays
201     application fees, unless:
202          (A) the land use authority, on the record, formally finds that a compelling,
203     countervailing public interest would be jeopardized by approving the application and specifies
204     the compelling, countervailing public interest in writing; or
205          (B) in the manner provided by local ordinance and before the applicant submits the
206     application, the municipality formally initiates proceedings to amend the municipality's land
207     use regulations in a manner that would prohibit approval of the application as submitted.
208          (b) The municipality shall process an application without regard to proceedings the
209     municipality initiated to amend the municipality's ordinances as described in Subsection
210     (1)(a)(ii)(B) if:
211          (i) 180 days have passed since the municipality initiated the proceedings; and
212          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
213     application as submitted.

214          (c) A land use application is considered submitted and complete when the applicant
215     provides the application in a form that complies with the requirements of applicable ordinances
216     and pays all applicable fees.
217          (d) A subsequent incorporation of a municipality or a petition that proposes the
218     incorporation of a municipality does not affect a land use application approved by a county in
219     accordance with Section 17-27a-508.
220          (e) The continuing validity of an approval of a land use application is conditioned upon
221     the applicant proceeding after approval to implement the approval with reasonable diligence.
222          (f) A municipality may not impose on an applicant who has submitted a complete
223     application a requirement that is not expressed in:
224          (i) this chapter;
225          (ii) a municipal ordinance; or
226          (iii) a municipal specification for public improvements applicable to a subdivision or
227     development that is in effect on the date that the applicant submits an application.
228          (g) A municipality may not impose on a holder of an issued land use permit or a final,
229     unexpired subdivision plat a requirement that is not expressed:
230          (i) in a land use permit;
231          (ii) on the subdivision plat;
232          (iii) in a document on which the land use permit or subdivision plat is based;
233          (iv) in the written record evidencing approval of the land use permit or subdivision
234     plat;
235          (v) in this chapter; or
236          (vi) in a municipal ordinance.
237          (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
238     of a certificate of occupancy or acceptance of subdivision improvements because of an
239     applicant's failure to comply with a requirement that is not expressed:
240          (i) in the building permit or subdivision plat, documents on which the building permit
241     or subdivision plat is based, or the written record evidencing approval of the land use permit or
242     subdivision plat; or
243          (ii) in this chapter or the municipality's ordinances.
244          (i) A municipality may not unreasonably withhold issuance of a certificate of

245     occupancy where an applicant has met all requirements essential for the public health, public
246     safety, and general welfare of the occupants, in accordance with this chapter, unless:
247          (i) the applicant and the municipality have agreed in a written document to the
248     withholding of a certificate of occupancy; or
249          (ii) the applicant has not provided a financial assurance for required and uncompleted
250     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
251     legislative body adopts under this chapter.
252          (2) A municipality is bound by the terms and standards of applicable land use
253     regulations and shall comply with mandatory provisions of those regulations.
254          (3) A municipality may not, as a condition of land use application approval, require a
255     person filing a land use application to obtain documentation regarding a school district's
256     willingness, capacity, or ability to serve the development proposed in the land use application.
257          [(4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day
258     on which a subdivision plat is recorded, a municipality may not impose on a building permit
259     applicant for a single-family dwelling located within the subdivision any land use regulation
260     that is enacted within 10 years after the day on which the subdivision plat is recorded.]
261          [(b) Subsection (4)(a) does not apply to any changes in the requirements of the
262     applicable building code, health code, or fire code, or other similar regulations.]
263          [(5)] (4) Upon a specified public agency's submission of a development plan and
264     schedule as required in Subsection 10-9a-305(8) that complies with the requirements of that
265     subsection, the specified public agency vests in the municipality's applicable land use maps,
266     zoning map, hookup fees, impact fees, other applicable development fees, and land use
267     regulations in effect on the date of submission.
268          [(6)] (5) (a) If sponsors of a referendum timely challenge a project in accordance with
269     Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
270     approval by delivering a written notice:
271          (i) to the local clerk as defined in Section 20A-7-101; and
272          (ii) no later than seven days after the day on which a petition for a referendum is
273     determined sufficient under Subsection 20A-7-607(4).
274          (b) Upon delivery of a written notice described in Subsection [(6)] (5)(a) the following
275     are rescinded and are of no further force or effect:

276          (i) the relevant land use approval; and
277          (ii) any land use regulation enacted specifically in relation to the land use approval.
278          Section 5. Section 10-9a-511 is amended to read:
279          10-9a-511. Nonconforming uses and noncomplying structures.
280          (1) (a) Except as provided in this section, a nonconforming use or noncomplying
281     structure may be continued by the present or a future property owner.
282          (b) A nonconforming use may be extended through the same building, provided no
283     structural alteration of the building is proposed or made for the purpose of the extension.
284          (c) For purposes of this Subsection (1), the addition of a solar energy device to a
285     building is not a structural alteration.
286          (2) The legislative body may provide for:
287          (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
288     substitution of nonconforming uses upon the terms and conditions set forth in the land use
289     ordinance;
290          (b) the termination of all nonconforming uses, except billboards, by providing a
291     formula establishing a reasonable time period during which the owner can recover or amortize
292     the amount of his investment in the nonconforming use, if any; and
293          (c) the termination of a nonconforming use due to its abandonment.
294          (3) (a) A municipality may not prohibit the reconstruction or restoration of a
295     noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
296     destroyed in whole or in part due to fire or other calamity unless the structure or use has been
297     abandoned.
298          (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
299     structure or terminate the nonconforming use of a structure if:
300          (i) the structure is allowed to deteriorate to a condition that the structure is rendered
301     uninhabitable and is not repaired or restored within six months after the day on which written
302     notice is served to the property owner that the structure is uninhabitable and that the
303     noncomplying structure or nonconforming use will be lost if the structure is not repaired or
304     restored within six months; or
305          (ii) the property owner has voluntarily demolished a majority of the noncomplying
306     structure or the building that houses the nonconforming use.

307          (c) (i) Notwithstanding a prohibition in the municipality's zoning ordinance, a
308     municipality may permit a billboard owner to relocate the billboard within the municipality's
309     boundaries to a location that is mutually acceptable to the municipality and the billboard
310     owner.
311          (ii) If the municipality and billboard owner cannot agree to a mutually acceptable
312     location within 180 days after the day on which the owner submits a written request to relocate
313     the billboard, the billboard owner may relocate the billboard in accordance with Subsection
314     10-9a-513(2).
315          (4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
316     legal existence for nonconforming uses, the property owner shall have the burden of
317     establishing the legal existence of a noncomplying structure or nonconforming use through
318     substantial evidence, which may not be limited to municipal or county records.
319          (b) Any party claiming that a nonconforming use has been abandoned shall have the
320     burden of establishing the abandonment.
321          (c) Abandonment may be presumed to have occurred if:
322          (i) a majority of the primary structure associated with the nonconforming use has been
323     voluntarily demolished without prior written agreement with the municipality regarding an
324     extension of the nonconforming use;
325          (ii) the use has been discontinued for a minimum of one year; or
326          (iii) the primary structure associated with the nonconforming use remains vacant for a
327     period of one year.
328          (d) The property owner may rebut the presumption of abandonment under Subsection
329     (4)(c), and has the burden of establishing that any claimed abandonment under Subsection
330     (4)(b) has not occurred.
331          (5) A municipality may terminate the nonconforming status of a school district or
332     charter school use or structure when the property associated with the school district or charter
333     school use or structure ceases to be used for school district or charter school purposes for a
334     period established by ordinance.
335          Section 6. Section 10-9a-601 is amended to read:
336          10-9a-601. Enactment of subdivision ordinance.
337          (1) The legislative body of a municipality may enact ordinances requiring that a

338     subdivision plat comply with the provisions of the municipality's ordinances and this part
339     before:
340          (a) the subdivision plat may be filed and recorded in the county recorder's office; and
341          (b) lots may be sold.
342          (2) If the legislative body fails to enact a subdivision ordinance, the municipality may
343     regulate subdivisions only to the extent provided in this part.
344          (3) [The] Except as described in Subsection (4), joining of a lot or lots to a parcel does
345     not constitute a subdivision as to the parcel or subject the parcel to the municipality's
346     subdivision ordinance.
347          (4) A legislative body may adopt a land use regulation that specifies that combining
348     lots is a subdivision amendment.
349          Section 7. Section 10-9a-603 is amended to read:
350          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
351     acknowledgment, surveyor certification, and underground utility facility owner
352     verification of plat -- Recording plat.
353          (1) As used in this section:
354          (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5.
355          (ii) "Facility owner" includes a canal owner or associated canal operator contact
356     described in:
357          (A) Section 10-9a-211;
358          (B) Subsection 73-5-7(3); or
359          (C) Subsection (6)(c).
360          (b) "Local health department" means the same as that term is defined in Section
361     26A-1-102.
362          (c) "State engineer's inventory of canals" means the state engineer's inventory of water
363     conveyance systems established in Section 73-5-7.
364          (d) "Underground facility" means the same as that term is defined in Section 54-8a-2.
365          (e) "Water conveyance facility" means the same as that term is defined in Section
366     73-1-15.5.
367          (2) Unless exempt under Section 10-9a-605 or excluded from the definition of
368     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of

369     the land shall provide to the municipality in which the land is located an accurate plat that
370     describes or specifies:
371          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
372     the county recorder's office;
373          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
374     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
375     intended to be used as a street or for any other public use, and whether any such area is
376     reserved or proposed for dedication for a public purpose;
377          (c) the lot or unit reference, block or building reference, street or site address, street
378     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
379     and width of the blocks and lots intended for sale;
380          (d) every existing right-of-way and recorded easement located within the plat for:
381          (i) an underground facility;
382          (ii) a water conveyance facility; or
383          (iii) any other utility facility; and
384          (e) any water conveyance facility located, entirely or partially, within the plat that:
385          (i) is not recorded; and
386          (ii) of which the owner of the land has actual or constructive knowledge, including
387     from information made available to the owner of the land:
388          (A) in the state engineer's inventory of canals; or
389          (B) from a surveyor under Subsection (6)(c).
390          (3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the municipality's
391     ordinances and this part and has been approved by the culinary water authority, the sanitary
392     sewer authority, and the local health department, if the local health department and the
393     municipality consider the local health department's approval necessary, the municipality shall
394     approve the plat.
395          (b) Municipalities are encouraged to receive a recommendation from the fire authority
396     and the public safety answering point before approving a plat.
397          (c) A municipality may not require that a plat be approved or signed by a person or
398     entity who:
399          (i) is not an employee or agent of the municipality; or

400          (ii) does not:
401          (A) have a legal or equitable interest in the property within the proposed subdivision;
402          (B) provide a utility or other service directly to a lot within the subdivision;
403          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
404     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
405     relation to the plat; or
406          (D) provide culinary public water service whose source protection zone designated as
407     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
408          (d) A municipality shall:
409          (i) within 20 days after the day on which an owner of land submits to the municipality
410     a complete subdivision plat land use application, mail written notice of the proposed
411     subdivision to the facility owner of any water conveyance facility located, entirely or partially,
412     within 100 feet of the subdivision plat, as determined using information made available to the
413     municipality:
414          (A) from the facility owner under Section 10-9a-211, using mapping-grade global
415     positioning satellite units or digitized data from the most recent aerial photo available to the
416     facility owner;
417          (B) in the state engineer's inventory of canals; or
418          (C) from a surveyor under Subsection (6)(c); and
419          (ii) not approve the subdivision plat for at least 20 days after the day on which the
420     municipality mails to each facility owner the notice described in Subsection (3)(d)(i), in order
421     to receive any comments from each facility owner regarding:
422          (A) access to the water conveyance facility;
423          (B) maintenance of the water conveyance facility;
424          (C) protection of the water conveyance facility;
425          (D) safety of the water conveyance facility; or
426          (E) any other issue related to water conveyance facility operations.
427          (e) When applicable, the owner of the land seeking subdivision plat approval shall
428     comply with Section 73-1-15.5.
429          (f) A facility owner's failure to provide comments to a municipality in accordance with
430     Subsection (3)(d)(ii) does not affect or impair the municipality's authority to approve the

431     subdivision plat.
432          (4) The municipality may withhold an otherwise valid plat approval until the owner of
433     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
434     penalties owing on the land have been paid.
435          (5) (a) Within 30 days after approving a final plat under this section, a municipality
436     shall submit to the Utah Geospatial Resource Center, created in Section 63A-16-505, for
437     inclusion in the unified statewide 911 emergency service database described in Subsection
438     63H-7a-304(4)(b):
439          (i) an electronic copy of the approved final plat; or
440          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
441     for construction within the bounds of the approved plat.
442          (b) If requested by the Utah Geospatial Resource Center, a municipality that approves a
443     final plat under this section shall:
444          (i) coordinate with the Utah Geospatial Resource Center to validate the information
445     described in Subsection (5)(a); and
446          (ii) assist the Utah Geospatial Resource Center in creating electronic files that contain
447     the information described in Subsection (5)(a) for inclusion in the unified statewide 911
448     emergency service database.
449          (6) (a) A county recorder may not record a plat unless:
450          (i) prior to recordation, the municipality has approved and signed the plat;
451          (ii) each owner of record of land described on the plat has signed the owner's
452     dedication as shown on the plat; and
453          (iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as
454     provided by law.
455          (b) [The surveyor making] A surveyor who prepares the plat shall certify that the
456     surveyor:
457          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
458     Professional Land Surveyors Licensing Act;
459          (ii) (A) has completed a survey of the property described on the plat in accordance with
460     Section 17-23-17 and has verified all measurements; [and] or
461          (B) has referenced a record of survey map of the existing property boundaries shown

462     on the plat and verified the locations of the boundaries; and
463          (iii) has placed monuments as represented on the plat.
464          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
465     representative designated by the owner or operator, of an existing water conveyance facility
466     located within the proposed subdivision, or an existing or proposed underground facility or
467     utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's
468     depiction of the:
469          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
470     public or private easement, or grants of record;
471          (B) location of the existing water conveyance facility, or the existing or proposed
472     underground facility or utility facility; and
473          (C) physical restrictions governing the location of the existing or proposed
474     underground facility or utility facility.
475          (ii) The cooperation of an owner or operator of a water conveyance facility,
476     underground facility, or utility facility under Subsection (6)(c)(i):
477          (A) indicates only that the plat approximates the location of the existing facilities but
478     does not warrant or verify their precise location; and
479          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
480     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
481     applicable to prescriptive rights, or any other provision of law.
482          (7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged,
483     certified, and approved, the owner of the land seeking to record the plat shall, within the time
484     period and manner designated by ordinance, record the plat in the county recorder's office in
485     the county in which the lands platted and laid out are situated.
486          (b) A failure to record a plat within the time period designated by ordinance renders the
487     plat voidable by the municipality.
488          (8) A municipality acting as a land use authority shall approve a condominium plat that
489     complies with the requirements of Section 57-8-13 unless the condominium plat violates a land
490     use regulation of the municipality.
491          Section 8. Section 10-9a-608 is amended to read:
492          10-9a-608. Subdivision amendments.

493          (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
494     subdivision that has been laid out and platted as provided in this part may file a written petition
495     with the land use authority to request a subdivision amendment.
496          (b) Upon filing a written petition to request a subdivision amendment under Subsection
497     (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
498     accordance with Section 10-9a-603 that:
499          (i) depicts only the portion of the subdivision that is proposed to be amended;
500          (ii) includes a plat name distinguishing the amended plat from the original plat;
501          (iii) describes the differences between the amended plat and the original plat; and
502          (iv) includes references to the original plat.
503          (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
504     notice of the petition by mail, email, or other effective means to each affected entity that
505     provides a service to an owner of record of the portion of the plat that is being vacated or
506     amended at least 10 calendar days before the land use authority may approve the petition for a
507     subdivision amendment.
508          (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
509     public hearing within 45 days after the day on which the petition is filed if:
510          (i) any owner within the plat notifies the municipality of the owner's objection in
511     writing within 10 days of mailed notification; or
512          (ii) a public hearing is required because all of the owners in the subdivision have not
513     signed the revised plat.
514          (e) A land use authority may not approve a petition for a subdivision amendment under
515     this section unless the amendment identifies and preserves any easements owned by a culinary
516     water authority and sanitary sewer authority for existing facilities located within the
517     subdivision.
518          (2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
519     authority may consider at a public meeting an owner's petition for a subdivision amendment if:
520          (a) the petition seeks to:
521          (i) join two or more of the petitioner fee owner's contiguous lots;
522          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
523     result in a violation of a land use ordinance or a development condition;

524          (iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
525     fee owners of each of the adjoining properties join in the petition, regardless of whether the
526     properties are located in the same subdivision;
527          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
528     imposed by the local political subdivision; or
529          (v) alter the plat in a manner that does not change existing boundaries or other
530     attributes of lots within the subdivision that are not:
531          (A) owned by the petitioner; or
532          (B) designated as a common area; and
533          (b) notice has been given to adjoining property owners in accordance with any
534     applicable local ordinance.
535          (3) A petition under Subsection (1)(a) that contains a request to amend a public street or
536     municipal utility easement is also subject to Section 10-9a-609.5.
537          (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
538     a portion of a plat shall include:
539          (a) the name and address of each owner of record of the land contained in the entire
540     plat or on that portion of the plat described in the petition; and
541          (b) the signature of each owner described in Subsection (4)(a) who consents to the
542     petition.
543          (5) (a) The owners of record of adjoining properties where one or more of the
544     properties is a lot may exchange title to portions of those parcels if the exchange of title is
545     approved by the land use authority in accordance with Subsection (5)(b).
546          (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
547     the exchange of title will not result in a violation of any land use ordinance.
548          (c) If an exchange of title is approved under Subsection (5)(b):
549          (i) a notice of approval shall be recorded in the office of the county recorder which:
550          (A) is executed by each owner included in the exchange and by the land use authority;
551          (B) contains an acknowledgment for each party executing the notice in accordance with
552     the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
553          (C) recites the legal descriptions of both the original properties and the properties
554     resulting from the exchange of title; and

555          (ii) a document of conveyance shall be recorded in the office of the county recorder
556     with an amended plat.
557          (d) A notice of approval recorded under this Subsection (5) does not act as a
558     conveyance of title to real property and is not required in order to record a document conveying
559     title to real property.
560          (6) (a) The name of a recorded subdivision may be changed by recording an amended
561     plat making that change, as provided in this section and subject to Subsection (6)(c).
562          (b) The surveyor preparing the amended plat shall certify that the surveyor:
563          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
564     Professional Land Surveyors Licensing Act;
565          (ii) (A) has completed a survey of the property described on the plat in accordance with
566     Section 17-23-17 and has verified all measurements; [and] or
567          (B) has referenced a record of survey map of the existing property boundaries shown
568     on the plat and verified the locations of the boundaries; and
569          (iii) has placed monuments as represented on the plat.
570          (c) An owner of land may not submit for recording an amended plat that gives the
571     subdivision described in the amended plat the same name as a subdivision in a plat already
572     recorded in the county recorder's office.
573          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
574     document that purports to change the name of a recorded plat is void.
575          Section 9. Section 10-9a-801 is amended to read:
576          10-9a-801. No district court review until administrative remedies exhausted --
577     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
578     -- Staying of decision.
579          (1) No person may challenge in district court a land use decision until that person has
580     exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
581     Variances, if applicable.
582          (2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may
583     file a petition for review of a land use decision with the district court within 30 days after the
584     decision is final.
585          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a

586     property owner files a request for arbitration of a constitutional taking issue with the property
587     rights ombudsman under Section 13-43-204 until 30 days after:
588          (A) the arbitrator issues a final award; or
589          (B) the property rights ombudsman issues a written statement under Subsection
590     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
591          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
592     taking issue that is the subject of the request for arbitration filed with the property rights
593     ombudsman by a property owner.
594          (iii) A request for arbitration filed with the property rights ombudsman after the time
595     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
596          (3) (a) A court shall:
597          (i) presume that a land use regulation properly enacted under the authority of this
598     chapter is valid; and
599          (ii) determine only whether:
600          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
601     or federal law; and
602          (B) it is reasonably debatable that the land use regulation is consistent with this
603     chapter.
604          (b) A court shall[: (i)] presume that a final land use decision of a land use authority or
605     an appeal authority is valid[; and (ii) uphold the land use decision] unless the land use decision
606     is:
607          [(A)] (i) arbitrary and capricious; or
608          [(B)] (ii) illegal.
609          (c) (i) A land use decision is arbitrary and capricious if the land use decision is not
610     supported by substantial evidence in the record.
611          (ii) A land use decision is illegal if the land use decision [is]:
612          (A) is based on an incorrect interpretation of a land use regulation; [or]
613          (B) exceeds the authority granted by this title; or
614          [(B)] (C) is contrary to law.
615          (d) (i) A court may affirm or reverse a land use decision.
616          (ii) If the court reverses a land use decision, the court shall remand the matter to the

617     land use authority with instructions to issue a land use decision consistent with the court's
618     ruling.
619          (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
620     takes final action on a land use application, if the municipality conformed with the notice
621     provisions of Part 2, Notice, or for any person who had actual notice of the pending land use
622     decision.
623          (5) If the municipality has complied with Section 10-9a-205, a challenge to the
624     enactment of a land use regulation or general plan may not be filed with the district court more
625     than 30 days after the enactment.
626          (6) A challenge to a land use decision is barred unless the challenge is filed within 30
627     days after the land use decision is final.
628          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
629     the reviewing court the record of the proceedings of the land use authority or appeal authority,
630     including the minutes, findings, orders, and, if available, a true and correct transcript of the
631     proceedings.
632          (b) If the proceeding was recorded, a transcript of that recording is a true and correct
633     transcript for purposes of this Subsection (7).
634          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
635     by the land use authority or appeal authority, as the case may be.
636          (ii) The court may not accept or consider any evidence outside the record of the land
637     use authority or appeal authority, as the case may be, unless that evidence was offered to the
638     land use authority or appeal authority, respectively, and the court determines that the evidence
639     was improperly excluded.
640          (b) If there is no record, the court may call witnesses and take evidence.
641          (9) (a) The filing of a petition does not stay the land use decision of the land use
642     authority or appeal authority, as the case may be.
643          (b) (i) Before filing a petition under this section or a request for mediation or
644     arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may
645     petition the appeal authority to stay the appeal authority's land use decision.
646          (ii) Upon receipt of a petition to stay, the appeal authority may order the appeal
647     authority's land use decision stayed pending district court review if the appeal authority finds

648     the order to be in the best interest of the municipality.
649          (iii) After a petition is filed under this section or a request for mediation or arbitration
650     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
651     injunction staying the appeal authority's land use decision.
652          (10) If the court determines that a party initiated or pursued a challenge to a land use
653     decision on a land use application in bad faith, the court may award attorney fees.
654          Section 10. Section 17-27a-212 is amended to read:
655          17-27a-212. Notice for an amendment to public improvements in a subdivision or
656     development.
657          [Prior to] Before implementing an amendment to adopted specifications for public
658     improvements that apply to a subdivision or a development, a county shall [give 30 days
659     mailed notice and an opportunity to comment to anyone who has requested the notice in
660     writing.]:
661          (1) hold a public hearing;
662          (2) mail a notice 30 days or more before the date of the public hearing to:
663          (a) each person who has submitted a land use application for which the land use
664     authority has not issued a land use decision; and
665          (b) each person who makes a written request to receive a copy of the notice; and
666          (3) allow each person who receives a notice in accordance with Subsection (2) to
667     provide public comment in writing before the public hearing or in person during the public
668     hearing.
669          Section 11. Section 17-27a-508 is amended to read:
670          17-27a-508. Applicant's entitlement to land use application approval --
671     Application relating to land in a high priority transportation corridor -- County's
672     requirements and limitations -- Vesting upon submission of development plan and
673     schedule.
674          (1) (a) (i) An applicant who has submitted a complete land use application, including
675     the payment of all application fees, is entitled to substantive review of the application under the
676     land use regulations:
677          (A) in effect on the date that the application is complete; and
678          (B) applicable to the application or to the information shown on the submitted

679     application.
680          (ii) An applicant is entitled to approval of a land use application if the application
681     conforms to the requirements of the applicable land use regulations, land use decisions, and
682     development standards in effect when the applicant submits a complete application and pays all
683     application fees, unless:
684          (A) the land use authority, on the record, formally finds that a compelling,
685     countervailing public interest would be jeopardized by approving the application and specifies
686     the compelling, countervailing public interest in writing; or
687          (B) in the manner provided by local ordinance and before the applicant submits the
688     application, the county formally initiates proceedings to amend the county's land use
689     regulations in a manner that would prohibit approval of the application as submitted.
690          (b) The county shall process an application without regard to proceedings the county
691     initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
692          (i) 180 days have passed since the county initiated the proceedings; and
693          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
694     application as submitted.
695          (c) A land use application is considered submitted and complete when the applicant
696     provides the application in a form that complies with the requirements of applicable ordinances
697     and pays all applicable fees.
698          (d) The continuing validity of an approval of a land use application is conditioned upon
699     the applicant proceeding after approval to implement the approval with reasonable diligence.
700          (e) A county may not impose on an applicant who has submitted a complete
701     application a requirement that is not expressed:
702          (i) in this chapter;
703          (ii) in a county ordinance; or
704          (iii) in a county specification for public improvements applicable to a subdivision or
705     development that is in effect on the date that the applicant submits an application.
706          (f) A county may not impose on a holder of an issued land use permit or a final,
707     unexpired subdivision plat a requirement that is not expressed:
708          (i) in a land use permit;
709          (ii) on the subdivision plat;

710          (iii) in a document on which the land use permit or subdivision plat is based;
711          (iv) in the written record evidencing approval of the land use permit or subdivision
712     plat;
713          (v) in this chapter; or
714          (vi) in a county ordinance.
715          (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
716     certificate of occupancy or acceptance of subdivision improvements because of an applicant's
717     failure to comply with a requirement that is not expressed:
718          (i) in the building permit or subdivision plat, documents on which the building permit
719     or subdivision plat is based, or the written record evidencing approval of the building permit or
720     subdivision plat; or
721          (ii) in this chapter or the county's ordinances.
722          (h) A county may not unreasonably withhold issuance of a certificate of occupancy
723     where an applicant has met all requirements essential for the public health, public safety, and
724     general welfare of the occupants, in accordance with this chapter, unless:
725          (i) the applicant and the county have agreed in a written document to the withholding
726     of a certificate of occupancy; or
727          (ii) the applicant has not provided a financial assurance for required and uncompleted
728     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
729     legislative body adopts under this chapter.
730          (2) A county is bound by the terms and standards of applicable land use regulations and
731     shall comply with mandatory provisions of those regulations.
732          (3) A county may not, as a condition of land use application approval, require a person
733     filing a land use application to obtain documentation regarding a school district's willingness,
734     capacity, or ability to serve the development proposed in the land use application.
735          [(4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day
736     on which a subdivision plat is recorded, a county may not impose on a building permit
737     applicant for a single-family dwelling located within the subdivision any land use regulation
738     that is enacted within 10 years after the day on which the subdivision plat is recorded.]
739          [(b) Subsection (4)(a) does not apply to any changes in the requirements of the
740     applicable building code, health code, or fire code, or other similar regulations.]

741          [(5)] (4) Upon a specified public agency's submission of a development plan and
742     schedule as required in Subsection 17-27a-305(8) that complies with the requirements of that
743     subsection, the specified public agency vests in the county's applicable land use maps, zoning
744     map, hookup fees, impact fees, other applicable development fees, and land use regulations in
745     effect on the date of submission.
746          [(6)] (5) (a) If sponsors of a referendum timely challenge a project in accordance with
747     Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
748     approval by delivering a written notice:
749          (i) to the local clerk as defined in Section 20A-7-101; and
750          (ii) no later than seven days after the day on which a petition for a referendum is
751     determined sufficient under Subsection 20A-7-607(4).
752          (b) Upon delivery of a written notice described in Subsection [(6)](5)(a) the following
753     are rescinded and are of no further force or effect:
754          (i) the relevant land use approval; and
755          (ii) any land use regulation enacted specifically in relation to the land use approval.
756          Section 12. Section 17-27a-510 is amended to read:
757          17-27a-510. Nonconforming uses and noncomplying structures.
758          (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
759     structure may be continued by the present or a future property owner.
760          (b) A nonconforming use may be extended through the same building, provided no
761     structural alteration of the building is proposed or made for the purpose of the extension.
762          (c) For purposes of this Subsection (1), the addition of a solar energy device to a
763     building is not a structural alteration.
764          (2) The legislative body may provide for:
765          (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
766     substitution of nonconforming uses upon the terms and conditions set forth in the land use
767     ordinance;
768          (b) the termination of all nonconforming uses, except billboards, by providing a
769     formula establishing a reasonable time period during which the owner can recover or amortize
770     the amount of his investment in the nonconforming use, if any; and
771          (c) the termination of a nonconforming use due to its abandonment.

772          (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
773     structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
774     whole or in part due to fire or other calamity unless the structure or use has been abandoned.
775          (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
776     or terminate the nonconforming use of a structure if:
777          (i) the structure is allowed to deteriorate to a condition that the structure is rendered
778     uninhabitable and is not repaired or restored within six months after the day on which written
779     notice is served to the property owner that the structure is uninhabitable and that the
780     noncomplying structure or nonconforming use will be lost if the structure is not repaired or
781     restored within six months; or
782          (ii) the property owner has voluntarily demolished a majority of the noncomplying
783     structure or the building that houses the nonconforming use.
784          (c) (i) Notwithstanding a prohibition in the county's zoning ordinance, a county may
785     permit a billboard owner to relocate the billboard within the county's unincorporated area to a
786     location that is mutually acceptable to the county and the billboard owner.
787          (ii) If the county and billboard owner cannot agree to a mutually acceptable location
788     within 180 days after the day on which the owner submits a written request to relocate the
789     billboard, the billboard owner may relocate the billboard in accordance with Subsection
790     17-27a-512(2).
791          (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
792     existence for nonconforming uses, the property owner shall have the burden of establishing the
793     legal existence of a noncomplying structure or nonconforming use through substantial
794     evidence, which may not be limited to municipal or county records.
795          (b) Any party claiming that a nonconforming use has been abandoned shall have the
796     burden of establishing the abandonment.
797          (c) Abandonment may be presumed to have occurred if:
798          (i) a majority of the primary structure associated with the nonconforming use has been
799     voluntarily demolished without prior written agreement with the county regarding an extension
800     of the nonconforming use;
801          (ii) the use has been discontinued for a minimum of one year; or
802          (iii) the primary structure associated with the nonconforming use remains vacant for a

803     period of one year.
804          (d) The property owner may rebut the presumption of abandonment under Subsection
805     (4)(c), and has the burden of establishing that any claimed abandonment under Subsection
806     (4)(c) has not occurred.
807          (5) A county may terminate the nonconforming status of a school district or charter
808     school use or structure when the property associated with the school district or charter school
809     use or structure ceases to be used for school district or charter school purposes for a period
810     established by ordinance.
811          Section 13. Section 17-27a-601 is amended to read:
812          17-27a-601. Enactment of subdivision ordinance.
813          (1) The legislative body of a county may enact ordinances requiring that a subdivision
814     plat comply with the provisions of the county's ordinances and this part before:
815          (a) the subdivision plat may be filed and recorded in the county recorder's office; and
816          (b) lots may be sold.
817          (2) If the legislative body fails to enact a subdivision ordinance, the county may
818     regulate subdivisions only as provided in this part.
819          (3) [The] Except as described in Subsection (4), joining of a lot or lots to a parcel does
820     not constitute a subdivision as to the parcel or subject the parcel to the county's subdivision
821     ordinance.
822          (4) A legislative body may adopt a land use regulation that specifies that combining
823     lots is a subdivision amendment.
824          Section 14. Section 17-27a-603 is amended to read:
825          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
826     acknowledgment, surveyor certification, and verification of plat -- Recording plat.
827          (1) As used in this section:
828          (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5.
829          (ii) "Facility owner" includes a canal owner or associated canal operator contact
830     described in:
831          (A) Section 17-27a-211;
832          (B) Subsection 73-5-7(3); or
833          (C) Subsection (6)(c).

834          (b) "Local health department" means the same as that term is defined in Section
835     26A-1-102.
836          (c) "State engineer's inventory of canals" means the state engineer's inventory of water
837     conveyance systems established in Section 73-5-7.
838          (d) "Underground facility" means the same as that term is defined in Section 54-8a-2.
839          (e) "Water conveyance facility" means the same as that term is defined in Section
840     73-1-15.5.
841          (2) Unless exempt under Section 17-27a-605 or excluded from the definition of
842     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
843     the land shall provide to the county in which the land is located an accurate plat that describes
844     or specifies:
845          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
846     the county recorder's office;
847          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
848     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
849     intended to be used as a street or for any other public use, and whether any such area is
850     reserved or proposed for dedication for a public purpose;
851          (c) the lot or unit reference, block or building reference, street or site address, street
852     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
853     and width of the blocks and lots intended for sale;
854          (d) every existing right-of-way and recorded easement located within the plat for:
855          (i) an underground facility;
856          (ii) a water conveyance facility; or
857          (iii) any other utility facility; and
858          (e) any water conveyance facility located, entirely or partially, within the plat that:
859          (i) is not recorded; and
860          (ii) of which the owner of the land has actual or constructive knowledge, including
861     from information made available to the owner of the land:
862          (A) in the state engineer's inventory of canals; or
863          (B) from a surveyor under Subsection (6)(c).
864          (3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the county's

865     ordinances and this part and has been approved by the culinary water authority, the sanitary
866     sewer authority, and the local health department, if the local health department and the county
867     consider the local health department's approval necessary, the county shall approve the plat.
868          (b) Counties are encouraged to receive a recommendation from the fire authority and
869     the public safety answering point before approving a plat.
870          (c) A county may not require that a plat be approved or signed by a person or entity
871     who:
872          (i) is not an employee or agent of the county; or
873          (ii) does not:
874          (A) have a legal or equitable interest in the property within the proposed subdivision;
875          (B) provide a utility or other service directly to a lot within the subdivision;
876          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
877     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
878     relation to the plat; or
879          (D) provide culinary public water service whose source protection zone designated as
880     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
881          (d) A county shall:
882          (i) within 20 days after the day on which an owner of land submits to the county a
883     complete subdivision plat land use application, mail written notice of the proposed subdivision
884     to the facility owner of any water conveyance facility located, entirely or partially, within 100
885     feet of the subdivision plat, as determined using information made available to the county:
886          (A) from the facility owner under Section 10-9a-211, using mapping-grade global
887     positioning satellite units or digitized data from the most recent aerial photo available to the
888     facility owner;
889          (B) in the state engineer's inventory of canals; or
890          (C) from a surveyor under Subsection (6)(c); and
891          (ii) not approve the subdivision plat for at least 20 days after the day on which the
892     county mails to each facility owner the notice under Subsection (3)(d)(i) in order to receive any
893     comments from each facility owner regarding:
894          (A) access to the water conveyance facility;
895          (B) maintenance of the water conveyance facility;

896          (C) protection of the water conveyance facility integrity;
897          (D) safety of the water conveyance facility; or
898          (E) any other issue related to water conveyance facility operations.
899          (e) When applicable, the owner of the land seeking subdivision plat approval shall
900     comply with Section 73-1-15.5.
901          (f) A facility owner's failure to provide comments to a county in accordance with
902     Subsection (3)(d)(ii) does not affect or impair the county's authority to approve the subdivision
903     plat.
904          (4) The county may withhold an otherwise valid plat approval until the owner of the
905     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
906     penalties owing on the land have been paid.
907          (5) (a) Within 30 days after approving a final plat under this section, a county shall
908     submit to the Utah Geospatial Resource Center, created in Section 63A-16-505, for inclusion in
909     the unified statewide 911 emergency service database described in Subsection
910     63H-7a-304(4)(b):
911          (i) an electronic copy of the approved final plat; or
912          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
913     for construction within the bounds of the approved plat.
914          (b) If requested by the Utah Geospatial Resource Center, a county that approves a final
915     plat under this section shall:
916          (i) coordinate with the Utah Geospatial Resource Center to validate the information
917     described in Subsection (5)(a); and
918          (ii) assist the Utah Geospatial Resource Center in creating electronic files that contain
919     the information described in Subsection (5)(a) for inclusion in the unified statewide 911
920     emergency service database.
921          (6) (a) A county recorder may not record a plat unless, subject to Subsection
922     17-27a-604(1):
923          (i) prior to recordation, the county has approved and signed the plat;
924          (ii) each owner of record of land described on the plat has signed the owner's
925     dedication as shown on the plat; and
926          (iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as

927     provided by law.
928          (b) [The surveyor making] A surveyor who prepares the plat shall certify that the
929     surveyor:
930          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
931     Professional Land Surveyors Licensing Act;
932          (ii) (A) has completed a survey of the property described on the plat in accordance with
933     Section 17-23-17 and has verified all measurements; [and] or
934          (B) has referenced a record of survey map of the existing property boundaries shown
935     on the plat and verified the locations of the boundaries; and
936          (iii) has placed monuments as represented on the plat.
937          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
938     representative designated by the owner or operator, of an existing water conveyance facility
939     located within the proposed subdivision, or an existing or proposed underground facility or
940     utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's
941     depiction of the:
942          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
943     public or private easement, or grants of record;
944          (B) location of the existing water conveyance facility, or the existing or proposed
945     underground facility or utility facility; and
946          (C) physical restrictions governing the location of the existing or proposed
947     underground facility or utility facility.
948          (ii) The cooperation of an owner or operator of a water conveyance facility,
949     underground facility, or utility facility under Subsection (6)(c)(i):
950          (A) indicates only that the plat approximates the location of the existing facilities but
951     does not warrant or verify their precise location; and
952          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
953     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
954     applicable to prescriptive rights, or any other provision of law.
955          (7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged,
956     certified, and approved, the owner of the land seeking to record the plat shall, within the time
957     period and manner designated by ordinance, record the plat in the county recorder's office in

958     the county in which the lands platted and laid out are situated.
959          (b) A failure to record a plat within the time period designated by ordinance renders the
960     plat voidable by the county.
961          (8) A county acting as a land use authority shall approve a condominium plat that
962     complies with the requirements of Section 57-8-13 unless the condominium plat violates a land
963     use regulation of the county.
964          Section 15. Section 17-27a-608 is amended to read:
965          17-27a-608. Subdivision amendments.
966          (1) (a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that
967     has been laid out and platted as provided in this part may file a written petition with the land
968     use authority to request a subdivision amendment.
969          (b) Upon filing a written petition to request a subdivision amendment under Subsection
970     (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
971     accordance with Section 17-27a-603 that:
972          (i) depicts only the portion of the subdivision that is proposed to be amended;
973          (ii) includes a plat name distinguishing the amended plat from the original plat;
974          (iii) describes the differences between the amended plat and the original plat; and
975          (iv) includes references to the original plat.
976          (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
977     notice of the petition by mail, email, or other effective means to each affected entity that
978     provides a service to an owner of record of the portion of the plat that is being amended at least
979     10 calendar days before the land use authority may approve the petition for a subdivision
980     amendment.
981          (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
982     public hearing within 45 days after the day on which the petition is filed if:
983          (i) any owner within the plat notifies the county of the owner's objection in writing
984     within 10 days of mailed notification; or
985          (ii) a public hearing is required because all of the owners in the subdivision have not
986     signed the revised plat.
987          (e) A land use authority may not approve a petition for a subdivision amendment under
988     this section unless the amendment identifies and preserves any easements owned by a culinary

989     water authority and sanitary sewer authority for existing facilities located within the
990     subdivision.
991          (2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
992     authority may consider at a public meeting an owner's petition for a subdivision amendment if:
993          (a) the petition seeks to:
994          (i) join two or more of the petitioning fee owner's contiguous lots;
995          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
996     result in a violation of a land use ordinance or a development condition;
997          (iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
998     fee owners of each of the adjoining properties join the petition, regardless of whether the
999     properties are located in the same subdivision;
1000          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
1001     imposed by the local political subdivision; or
1002          (v) alter the plat in a manner that does not change existing boundaries or other
1003     attributes of lots within the subdivision that are not:
1004          (A) owned by the petitioner; or
1005          (B) designated as a common area; and
1006          (b) notice has been given to adjoining property owners in accordance with any
1007     applicable local ordinance.
1008          (3) A petition under Subsection (1)(a) that contains a request to amend a public street or
1009     county utility easement is also subject to Section 17-27a-609.5.
1010          (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
1011     a portion of a plat shall include:
1012          (a) the name and address of each owner of record of the land contained in:
1013          (i) the entire plat; or
1014          (ii) that portion of the plan described in the petition; and
1015          (b) the signature of each owner who consents to the petition.
1016          (5) (a) The owners of record of adjoining properties where one or more of the
1017     properties is a lot may exchange title to portions of those properties if the exchange of title is
1018     approved by the land use authority in accordance with Subsection (5)(b).
1019          (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if

1020     the exchange of title will not result in a violation of any land use ordinance.
1021          (c) If an exchange of title is approved under Subsection (5)(b):
1022          (i) a notice of approval shall be recorded in the office of the county recorder which:
1023          (A) is executed by each owner included in the exchange and by the land use authority;
1024          (B) contains an acknowledgment for each party executing the notice in accordance with
1025     the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
1026          (C) recites the legal descriptions of both the properties and the properties resulting
1027     from the exchange of title; and
1028          (ii) a document of conveyance of title reflecting the approved change shall be recorded
1029     in the office of the county recorder with an amended plat.
1030          (d) A notice of approval recorded under this Subsection (5) does not act as a
1031     conveyance of title to real property and is not required to record a document conveying title to
1032     real property.
1033          (6) (a) The name of a recorded subdivision may be changed by recording an amended
1034     plat making that change, as provided in this section and subject to Subsection (6)(c).
1035          (b) The surveyor preparing the amended plat shall certify that the surveyor:
1036          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1037     Professional Land Surveyors Licensing Act;
1038          (ii) (A) has completed a survey of the property described on the plat in accordance with
1039     Section 17-23-17 and has verified all measurements; [and] or
1040          (B) has referenced a record of survey map of the existing property boundaries shown
1041     on the plat and verified the locations of the boundaries; and
1042          (iii) has placed monuments as represented on the plat.
1043          (c) An owner of land may not submit for recording an amended plat that gives the
1044     subdivision described in the amended plat the same name as a subdivision recorded in the
1045     county recorder's office.
1046          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
1047     document that purports to change the name of a recorded plat is void.
1048          Section 16. Section 17-27a-801 is amended to read:
1049          17-27a-801. No district court review until administrative remedies exhausted --
1050     Time for filing -- Tolling of time -- Standards governing court review -- Record on review

1051     -- Staying of decision.
1052          (1) No person may challenge in district court a land use decision until that person has
1053     exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1054     Variances, if applicable.
1055          (2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may
1056     file a petition for review of a land use decision with the district court within 30 days after the
1057     decision is final.
1058          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1059     property owner files a request for arbitration of a constitutional taking issue with the property
1060     rights ombudsman under Section 13-43-204 until 30 days after:
1061          (A) the arbitrator issues a final award; or
1062          (B) the property rights ombudsman issues a written statement under Subsection
1063     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1064          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1065     taking issue that is the subject of the request for arbitration filed with the property rights
1066     ombudsman by a property owner.
1067          (iii) A request for arbitration filed with the property rights ombudsman after the time
1068     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1069          (3) (a) A court shall:
1070          (i) presume that a land use regulation properly enacted under the authority of this
1071     chapter is valid; and
1072          (ii) determine only whether:
1073          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1074     or federal law; and
1075          (B) it is reasonably debatable that the land use regulation is consistent with this
1076     chapter.
1077          (b) A court shall[: (i)] presume that a final land use decision of a land use authority or
1078     an appeal authority is valid[; and (ii) uphold the land use decision] unless the land use decision
1079     is:
1080          [(A)] (i) arbitrary and capricious; or
1081          [(B)] (ii) illegal.

1082          (c) (i) A land use decision is arbitrary and capricious if the land use decision is not
1083     supported by substantial evidence in the record.
1084          (ii) A land use decision is illegal if the land use decision [is]:
1085          (A) is based on an incorrect interpretation of a land use regulation; [or]
1086          (B) exceeds the authority granted by this title; or
1087          [(B)] (C) is contrary to law.
1088          (d) (i) A court may affirm or reverse a land use decision.
1089          (ii) If the court reverses a land use decision, the court shall remand the matter to the
1090     land use authority with instructions to issue a land use decision consistent with the court's
1091     decision.
1092          (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
1093     final action on a land use application, if the county conformed with the notice provisions of
1094     Part 2, Notice, or for any person who had actual notice of the pending land use decision.
1095          (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
1096     of a land use regulation or general plan may not be filed with the district court more than 30
1097     days after the enactment.
1098          (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1099     days after the land use decision is final.
1100          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1101     the reviewing court the record of the proceedings of the land use authority or appeal authority,
1102     including the minutes, findings, orders and, if available, a true and correct transcript of the
1103     proceedings.
1104          (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1105     transcript for purposes of this Subsection (7).
1106          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1107     by the land use authority or appeal authority, as the case may be.
1108          (ii) The court may not accept or consider any evidence outside the record of the land
1109     use authority or appeal authority, as the case may be, unless that evidence was offered to the
1110     land use authority or appeal authority, respectively, and the court determines that the evidence
1111     was improperly excluded.
1112          (b) If there is no record, the court may call witnesses and take evidence.

1113          (9) (a) The filing of a petition does not stay the land use decision of the land use
1114     authority or appeal authority, as the case may be.
1115          (b) (i) Before filing a petition under this section or a request for mediation or
1116     arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may
1117     petition the appeal authority to stay the appeal authority's decision.
1118          (ii) Upon receipt of a petition to stay, the appeal authority may order the appeal
1119     authority's decision stayed pending district court review if the appeal authority finds the order
1120     to be in the best interest of the county.
1121          (iii) After a petition is filed under this section or a request for mediation or arbitration
1122     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1123     injunction staying the appeal authority's land use decision.
1124          (10) If the court determines that a party initiated or pursued a challenge to a land use
1125     decision on a land use application in bad faith, the court may award attorney fees.
1126          Section 17. Section 57-1-45 is amended to read:
1127          57-1-45. Boundary line agreements.
1128          (1) [A boundary line] An agreement to adjust [the boundaries of] a known boundary
1129     between adjoining properties shall comply with Section 10-9a-524 or 17-27a-523, as
1130     applicable.
1131          (2) A recorded boundary line agreement to establish the location of a boundary
1132     between adjoining properties where the location of the boundary is ambiguous, uncertain, or
1133     disputed shall comply with Subsections (3) and (4).
1134          (3) A boundary line agreement between adjoining property owners establishing the
1135     owners' existing common boundary for the purpose of settling an ambiguity, uncertainty, or
1136     dispute shall include:
1137          (a) the name and signature of each party to the agreement and, if applicable, the name
1138     and signature of a party's predecessor in interest who agreed to the location of the boundary
1139     line;
1140          (b) the date of the boundary line agreement;
1141          (c) the address of each party to the boundary line agreement for assessment purposes;
1142          (d) a statement describing why the owners of adjoining properties were unable to
1143     determine the true location of the boundary line between the adjoining properties;

1144          (e) a statement that the owners of the adjoining properties agree on the boundary line
1145     described in the boundary line agreement;
1146          (f) a legal description of each parcel or lot that is subject to the boundary line
1147     agreement;
1148          (g) a legal description of the agreed boundary line;
1149          (h) (i) a reference to a record of survey map as defined in Section 17-23-17 in
1150     conjunction with the boundary line agreement that shows:
1151          (A) existing dwellings, outbuildings, improvements, and other physical features;
1152          (B) existing easements, rights-of-way, conditions, or restrictions recorded or apparent;
1153          (C) the location of the agreed boundary line; and
1154          (D) an explanation in the survey narrative of the reason for the boundary line
1155     agreement; or
1156          (ii) if the parcels or lots are unimproved, an attached exhibit depicting a graphical
1157     representation of the location of the agreed boundary line relative to physical objects marking
1158     the agreed boundary;
1159          (i) if any of the property that is the subject of the agreement is located in a recorded
1160     subdivision and the agreed boundary line is different from the boundary line recorded in the
1161     plat, an acknowledgment that each party to the agreement has been advised of the requirement
1162     of a subdivision plat amendment; and
1163          (j) a sufficient acknowledgment for each party's signature.
1164          (4) A boundary line agreement described in Subsection (3) may not be:
1165          (a) used to adjust a known boundary described in Subsection (1) between adjoining
1166     properties;
1167          (b) used to adjust a lot line in a recorded subdivision plat or create a new parcel or lot;
1168     or
1169          (c) used by or recorded by a successor in interest to a property owner who agreed to the
1170     boundary line unless the property owners who agreed to the boundary line treated the line as
1171     the actual boundary as demonstrated by:
1172          (i) actual possession by each owner up to the boundary line;
1173          (ii) a fence built and agreed to by each owner on the boundary line; or
1174          (iii) each owner cultivating or controlling the land up to the boundary line.

1175          (5) A boundary line agreement described in Subsection (3):
1176          (a) does not affect any previously recorded easement unless the easement is expressly
1177     modified by the boundary line agreement;
1178          (b) establishes the common boundary between the adjoining properties in the originally
1179     intended location of the boundary line;
1180          (c) affixes the ownership of the adjoining parties to the agreed boundary line;
1181          (d) is not subject to the review or approval of a municipal or county land use authority;
1182     and
1183          (e) shall be indexed by a county recorder in the title record against each property
1184     affected by the agreed boundary line.
1185          (6) The recording of a boundary line agreement described in Subsection (3) does not
1186     constitute a land use approval by a municipality or a county.
1187          (7) A municipality or a county may withhold approval of a land use application for
1188     property that is subject to a boundary line agreement described in Subsection (3) if the
1189     municipality or the county determines that the land, as established by the boundary line
1190     agreement, was not in compliance with the municipality's or the county's land use regulations
1191     in effect on the day on which the boundary line agreement was recorded.
1192          (8) If a judgment made by a court that establishes the location of a disputed boundary is
1193     recorded in the county title record, the judgment shall act as a boundary line agreement
1194     recorded under this section.