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7 LONG TITLE
8 General Description:
9 This bill requires municipalities and counties to develop a compatible use plan to
10 ensure proposed land uses within a certain distance of military land are compatible with
11 military uses.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ requires a municipality or county, in consultation with the Department of Veterans
16 and Military Affairs, to develop a compatible use plan related to certain lands near
17 military land;
18 ▸ requires a municipality or county to notify the Department of Veterans and Military
19 Affairs when the municipality or county receives a land use application relevant to
20 military land;
21 ▸ requires the Department of Veterans and Military Affairs to evaluate the proposed
22 land use for compatibility with military operations on the military land; and
23 ▸ grants rulemaking authority to the Department of Veterans and Military Affairs to
24 make rules necessary to create a compatible use plan.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a coordination clause.
29 Utah Code Sections Affected:
30 AMENDS:
31 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
32 ENACTS:
33 10-9a-537, Utah Code Annotated 1953
34 17-27a-533, Utah Code Annotated 1953
35 Utah Code Sections Affected by Coordination Clause:
36 71A-1-201, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 10-9a-537 is enacted to read:
40 10-9a-537. Land use compatibility with military use.
41 (1) As used in this section:
42 (a) "Department" means the Department of Veterans and Military Affairs.
43 (b) "Military" means a branch of the armed forces of the United States, including the
44 Utah National Guard.
45 (c) "Military land" means the following land or facilities:
46 (i) Camp Williams;
47 (ii) Hill Air Force Base;
48 (iii) Dugway Proving Ground;
49 (iv) Tooele Army Depot;
50 (v) Utah Test and Training Range;
51 (vi) Nephi Readiness Center;
52 (vii) Cedar City Alternate Flight Facility; or
53 (viii) Little Mountain Test Facility.
54 (2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
55 in a municipality within 5,000 feet of a boundary of military land, a municipality shall, in
56 consultation with the department, develop and maintain a compatible use plan to ensure
57 permitted uses and conditional uses relevant to the military land are compatible with the
58 military operations on military land.
59 (b) A municipality that has a compatible use plan as of January 1, 2023, is not required
60 to develop a new compatible use plan.
61 (3) If a municipality receives a land use application, other than an individual building
62 permit, related to land within 5,000 feet of a boundary of military land, before the municipality
63 may approve the land use application, the municipality shall notify the department in writing.
64 (4) If the department receives the notice described in Subsection (3), the executive
65 director of the department shall:
66 (a) determine whether the proposed land use is compatible with the military use of the
67 relevant military land; and
68 (b) within 90 days after the receipt of the notice described in Subsection (3), respond in
69 writing to the municipality regarding the determination of compatibility described in
70 Subsection (4)(a).
71 (5) If the department receives the notice described in Subsection (3) before the
72 municipality has completed the compatible use plan as described in this section, the department
73 shall consult with the municipality and representatives of the relevant military land to
74 determine whether the use proposed in the land use application is a compatible use.
75 Section 2. Section 17-27a-533 is enacted to read:
76 17-27a-533. Land use compatibility with military use.
77 (1) As used in this section:
78 (a) "Department" means the Department of Veterans and Military Affairs.
79 (b) "Military" means a branch of the armed forces of the United States, including the
80 Utah National Guard.
81 (c) "Military land" means the following land or facilities:
82 (i) Camp Williams;
83 (ii) Hill Air Force Base;
84 (iii) Dugway Proving Ground;
85 (iv) Tooele Army Depot;
86 (v) Utah Test and Training Range;
87 (vi) Nephi Readiness Center;
88 (vii) Cedar City Alternate Flight Facility; or
89 (viii) Little Mountain Test Facility.
90 (2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
91 in a county within 5,000 feet of a boundary of military land, a county shall, in consultation with
92 the department, develop and maintain a compatible use plan to ensure permitted uses and
93 conditional uses relevant to the military land are compatible with the military operations on
94 military land.
95 (b) A county that has a compatible use plan as of January 1, 2023, is not required to
96 develop a new compatible use plan.
97 (3) If a county receives a land use application, other than an individual building permit,
98 related to land within 5,000 feet of a boundary of military land, before the county may approve
99 the land use application, the county shall notify the department in writing.
100 (4) If the department receives the notice described in Subsection (3), the executive
101 director of the department shall:
102 (a) determine whether the proposed land use is compatible with the military use of the
103 relevant military land; and
104 (b) within 90 days after the receipt of the notice described in Subsection (3), respond in
105 writing to the county regarding the determination of compatibility described in Subsection
106 (4)(a).
107 (5) If the department receives the notice described in Subsection (3) before the county
108 has completed the compatible use plan as described in this section, the department shall consult
109 with the county and representatives of the relevant military land to determine whether the use
110 proposed in the land use application is a compatible use.
111 Section 3. Section 71-8-2 is amended to read:
112 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
113 executive director -- Department responsibilities.
114 (1) There is created the Department of Veterans and Military Affairs.
115 (2) The governor shall appoint an executive director for the department, after
116 consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
117 (a) The executive director shall be an individual who:
118 (i) has served on active duty in the armed forces for more than 180 consecutive days;
119 (ii) was a member of a reserve component who served in a campaign or expedition for
120 which a campaign medal has been authorized; [
121 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
122 not that person completed 180 consecutive days of active duty; and
123 (iv) was separated or retired under honorable conditions.
124 (b) Any veteran or veterans group may submit names to the council for consideration.
125 (3) The department shall:
126 (a) conduct and supervise all veteran activities as provided in this title;
127 (b) determine which campaign or combat theater awards are eligible for a special group
128 license plate in accordance with Section 41-1a-418;
129 (c) verify that an applicant for a campaign or combat theater award special group
130 license plate is qualified to receive it;
131 (d) provide an applicant that qualifies a form indicating the campaign or combat theater
132 award special group license plate for which the applicant qualifies;
133 (e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
134 Rulemaking Act, to carry out the provisions of this title; [
135 (f) ensure that any training or certification required of a public official or public
136 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
137 22, State Training and Certification Requirements, if the training or certification is required:
138 (i) under this title;
139 (ii) by the department; or
140 (iii) by an agency or division within the department[
141 (g) consult with municipalities and counties regarding compatible use plans as
142 described in Sections 10-9a-537 and 17-27a-533.
143 (4) (a) The department may award grants for the purpose of supporting veteran and
144 military outreach, employment, education, healthcare, homelessness prevention, and
145 recognition events.
146 (b) The department may award a grant described in Subsection (4)(a) to:
147 (i) an institution of higher education listed in Section 53B-1-102;
148 (ii) a nonprofit organization involved in veterans or military-related activities; or
149 (iii) a political subdivision of the state.
150 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
151 department shall make rules for the administration of grants, including establishing:
152 (i) the form and process for submitting an application to the department;
153 (ii) the method and criteria for selecting a grant recipient;
154 (iii) the method and formula for determining a grant amount; and
155 (iv) the reporting requirements of a grant recipient.
156 (d) A grant may be awarded by the department only after consultation with the
157 Veterans Advisory Council.
158 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
159 department may make rules related to:
160 (a) the consultation with municipalities and counties regarding compatible use plans as
161 required in Subsection (3)(g); and
162 (b) criteria to evaluate whether a proposed land use is compatible with military
163 operations.
164 [
165 provisions of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
166 Section 4. Coordinating H.B. 265 with H.B. 67 -- Substantive and technical
167 amendments.
168 If this H.B. 265 and H.B. 67, Title 71A - Veterans and Military Affairs, both pass and
169 become law, it is the intent of the Legislature that the Office of Legislative Research and
170 General Counsel shall prepare the Utah Code database for publication by amending
171 Subsections 71A-1-201(4) through (7) in H.B. 67 to read:
172 "(4) The department shall:
173 (a) conduct and supervise all veteran and military affairs activities as provided in this
174 title;
175 (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
176 Rulemaking Act, to carry out the provisions of this title;
177 (c) in accordance with Section 41-1a-418:
178 (i) determine which campaign or combat theater awards are eligible for a special group
179 license plate;
180 (ii) verify that an applicant for a campaign or combat theater award special group
181 license plate is qualified to receive it; and
182 (iii) provide an applicant that qualifies a form indicating the campaign or combat
183 theater award special group license plate for which the applicant qualifies;
184 (d) maintain liaison with local, state, and federal veterans agencies and with Utah
185 veterans organizations;
186 (e) provide current information to veterans, service members, their surviving spouses
187 and family members, and Utah veterans and military organizations on benefits they are entitled
188 to;
189 (f) assist veterans, service members, and their families in applying for benefits and
190 services;
191 (g) cooperate with other state entities in the receipt of information to create and
192 maintain a record of veterans in Utah;
193 (h) create and administer a veterans assistance registry in accordance with Chapter 5,
194 Veterans Assistance Registry, with recommendations from the council, that provides contact
195 information to the qualified donors of materials and labor for certain qualified recipients;
196 (i) identify military-related issues, challenges, and opportunities, and develop plans for
197 addressing them;
198 (j) develop, coordinate, and maintain relationships with military leaders of Utah
199 military installations, including the Utah National Guard;
200 (k) develop and maintain relationships with military-related organizations in Utah; and
201 (l) consult with municipalities and counties regarding compatible use plans as
202 described in Sections 10-9a-537 and 17-27a-533.
203 (5) (a) The department may award grants for the purpose of supporting veteran and
204 military outreach, employment, education, healthcare, homelessness prevention, and
205 recognition events.
206 (b) The department may award a grant described in Subsection (5)(a) to:
207 (i) an institution of higher education listed in Section 53B-1-102;
208 (ii) a nonprofit organization involved in veterans or military-related activities; or
209 (iii) a political subdivision of the state.
210 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
211 department shall make rules for the administration of grants, including establishing:
212 (i) the form and process for submitting an application to the department;
213 (ii) the method and criteria for selecting a grant recipient;
214 (iii) the method and formula for determining a grant amount; and
215 (iv) the reporting requirements of a grant recipient.
216 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
217 department may make rules related to:
218 (a) the consultation with municipalities and counties regarding compatible use plans as
219 required in Subsection (4)(l); and
220 (b) criteria to evaluate whether a proposed land use is compatible with military
221 operations.
222 (7) Nothing in this chapter shall be construed as altering or preempting any provisions
223 of Title 39A, National Guard and Militia Act, as specifically related to the Utah National
224 Guard.".