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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to local government land use plans and
10 regulations.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires municipalities and counties to consider development impacts on wildlife in
14 the process of considering and adopting general plans and land use regulations.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-9a-401, as last amended by Laws of Utah 2023, Chapter 88
22 10-9a-501, as last amended by Laws of Utah 2023, Chapter 65
23 17-27a-401, as last amended by Laws of Utah 2023, Chapters 34, 88
24 17-27a-501, as last amended by Laws of Utah 2023, Chapter 65
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9a-401 is amended to read:
28 10-9a-401. General plan required -- Content.
29 (1) To accomplish the purposes of this chapter, a municipality shall prepare and adopt
30 a comprehensive, long-range general plan for:
31 (a) present and future needs of the municipality; and
32 (b) growth and development of all or any part of the land within the municipality.
33 (2) The general plan may provide for:
34 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
35 activities, aesthetics, and recreational, educational, and cultural opportunities;
36 (b) the reduction of the waste of physical, financial, or human resources that result
37 from either excessive congestion or excessive scattering of population;
38 (c) the efficient and economical use, conservation, and production of the supply of:
39 (i) food and water; and
40 (ii) drainage, sanitary, and other facilities and resources;
41 (d) the use of energy conservation and solar and renewable energy resources;
42 (e) the protection of urban development;
43 (f) if the municipality is a town, the protection or promotion of moderate income
44 housing;
45 (g) the protection and promotion of air quality;
46 (h) historic preservation;
47 (i) identifying future uses of land that are likely to require an expansion or significant
48 modification of services or facilities provided by an affected entity; and
49 (j) an official map.
50 (3) (a) The general plan of a specified municipality, as defined in Section 10-9a-408,
51 shall include a moderate income housing element that meets the requirements of Subsection
52 10-9a-403(2)(a)(iii).
53 (b) (i) This Subsection (3)(b) applies to a municipality that is not a specified
54 municipality as of January 1, 2023.
55 (ii) As of January 1, if a municipality described in Subsection (3)(b)(i) changes from
56 one class to another or grows in population to qualify as a specified municipality as defined in
57 Section 10-9a-408, the municipality shall amend the municipality's general plan to comply with
58 Subsection (3)(a) on or before August 1 of the first calendar year beginning on January 1 in
59 which the municipality qualifies as a specified municipality.
60 (4) (a) Subject to Subsection 10-9a-403(2), the municipality may determine the
61 comprehensiveness, extent, and format of the general plan.
62 (b) In preparing and adopting a general plan, the municipality shall consider:
63 (i) the impacts of development on wildlife, including the impacts on wildlife
64 movement and wildlife habitat; and
65 (ii) how the impacts described in Subsection (4)(b)(i) may be mitigated.
66 (5) Except for a city of the fifth class or a town, on or before December 31, 2025, a
67 municipality that has a general plan that does not include a water use and preservation element
68 that complies with Section 10-9a-403 shall amend the municipality's general plan to comply
69 with Section 10-9a-403.
70 Section 2. Section 10-9a-501 is amended to read:
71 10-9a-501. Enactment of land use regulation, land use decision, or development
72 agreement.
73 (1) Only a legislative body, as the body authorized to weigh policy considerations, may
74 enact a land use regulation.
75 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
76 regulation only by ordinance.
77 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
78 imposes a fee.
79 (3) (a) A legislative body shall ensure that a land use regulation is consistent with the
80 purposes set forth in this chapter.
81 (b) In considering and adopting a land use regulation, a legislative body shall consider:
82 (i) the impacts of development on wildlife, including the impacts on wildlife
83 movement and wildlife habitat; and
84 (ii) how the impacts described in Subsection (3)(b)(i) may be mitigated.
85 (4) (a) A legislative body shall adopt a land use regulation to:
86 (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
87 (ii) designate general uses allowed in each zoning district.
88 (b) A land use authority may establish or modify other restrictions or requirements
89 other than those described in Subsection (4)(a), including the configuration or modification of
90 uses or density, through a land use decision that applies criteria or policy elements that a land
91 use regulation establishes or describes.
92 (5) A municipality may not adopt a land use regulation, development agreement, or
93 land use decision that restricts the type of crop that may be grown in an area that is:
94 (a) zoned agricultural; or
95 (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
96 (6) A municipal land use regulation pertaining to an airport or an airport influence area,
97 as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
98 Zoning Act.
99 Section 3. Section 17-27a-401 is amended to read:
100 17-27a-401. General plan required -- Content -- Resource management plan --
101 Provisions related to radioactive waste facility.
102 (1) To accomplish the purposes of this chapter, a county shall prepare and adopt a
103 comprehensive, long-range general plan:
104 (a) for present and future needs of the county;
105 (b) (i) for growth and development of all or any part of the land within the
106 unincorporated portions of the county; or
107 (ii) if a county has designated a mountainous planning district, for growth and
108 development of all or any part of the land within the mountainous planning district; and
109 (c) as a basis for communicating and coordinating with the federal government on land
110 and resource management issues.
111 (2) To promote health, safety, and welfare, the general plan may provide for:
112 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
113 activities, aesthetics, and recreational, educational, and cultural opportunities;
114 (b) the reduction of the waste of physical, financial, or human resources that result
115 from either excessive congestion or excessive scattering of population;
116 (c) the efficient and economical use, conservation, and production of the supply of:
117 (i) food and water; and
118 (ii) drainage, sanitary, and other facilities and resources;
119 (d) the use of energy conservation and solar and renewable energy resources;
120 (e) the protection of urban development;
121 (f) the protection and promotion of air quality;
122 (g) historic preservation;
123 (h) identifying future uses of land that are likely to require an expansion or significant
124 modification of services or facilities provided by an affected entity; and
125 (i) an official map.
126 (3) (a) (i) The general plan of a specified county, as defined in Section 17-27a-408,
127 shall include a moderate income housing element that meets the requirements of Subsection
128 17-27a-403(2)(a)(iii).
129 (ii) (A) This Subsection (3)(a)(ii) applies to a county that does not qualify as a
130 specified county as of January 1, 2023.
131 (B) As of January 1, if a county described in Subsection (3)(a)(ii)(A) changes from one
132 class to another or grows in population to qualify as a specified county as defined in Section
133 17-27a-408, the county shall amend the county's general plan to comply with Subsection
134 (3)(a)(i) on or before August 1 of the first calendar year beginning on January 1 in which the
135 county qualifies as a specified county.
136 (iii) A county described in Subsection (3)(a)(ii)(B) shall send a copy of the county's
137 amended general plan to the association of governments, established pursuant to an interlocal
138 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a
139 member.
140 (b) The general plan shall contain a resource management plan for the public lands, as
141 defined in Section 63L-6-102, within the county.
142 (c) The resource management plan described in Subsection (3)(b) shall address:
143 (i) mining;
144 (ii) land use;
145 (iii) livestock and grazing;
146 (iv) irrigation;
147 (v) agriculture;
148 (vi) fire management;
149 (vii) noxious weeds;
150 (viii) forest management;
151 (ix) water rights;
152 (x) ditches and canals;
153 (xi) water quality and hydrology;
154 (xii) flood plains and river terraces;
155 (xiii) wetlands;
156 (xiv) riparian areas;
157 (xv) predator control;
158 (xvi) wildlife;
159 (xvii) fisheries;
160 (xviii) recreation and tourism;
161 (xix) energy resources;
162 (xx) mineral resources;
163 (xxi) cultural, historical, geological, and paleontological resources;
164 (xxii) wilderness;
165 (xxiii) wild and scenic rivers;
166 (xxiv) threatened, endangered, and sensitive species;
167 (xxv) land access;
168 (xxvi) law enforcement;
169 (xxvii) economic considerations; and
170 (xxviii) air.
171 (d) For each item listed under Subsection (3)(c), a county's resource management plan
172 shall:
173 (i) establish findings pertaining to the item;
174 (ii) establish defined objectives; and
175 (iii) outline general policies and guidelines on how the objectives described in
176 Subsection (3)(d)(ii) are to be accomplished.
177 (4) (a) (i) The general plan shall include specific provisions related to an area within, or
178 partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
179 county, which are proposed for the siting of a storage facility or transfer facility for the
180 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
181 these wastes are defined in Section 19-3-303.
182 (ii) The provisions described in Subsection (4)(a)(i) shall address the effects of the
183 proposed site upon the health and general welfare of citizens of the state, and shall provide:
184 (A) the information identified in Section 19-3-305;
185 (B) information supported by credible studies that demonstrates that Subsection
186 19-3-307(2) has been satisfied; and
187 (C) specific measures to mitigate the effects of high-level nuclear waste and greater
188 than class C radioactive waste and guarantee the health and safety of the citizens of the state.
189 (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
190 indicating that all proposals for the siting of a storage facility or transfer facility for the
191 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
192 partially within the county are rejected.
193 (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
194 (d) The county shall send a certified copy of the ordinance described in Subsection
195 (4)(b) to the executive director of the Department of Environmental Quality by certified mail
196 within 30 days of enactment.
197 (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
198 (i) comply with Subsection (4)(a) as soon as reasonably possible; and
199 (ii) send a certified copy of the repeal to the executive director of the Department of
200 Environmental Quality by certified mail within 30 days after the repeal.
201 (5) The general plan may define the county's local customs, local culture, and the
202 components necessary for the county's economic stability.
203 (6) (a) Subject to Subsection 17-27a-403(2), the county may determine the
204 comprehensiveness, extent, and format of the general plan.
205 (b) In preparing and adopting a general plan, the county shall consider:
206 (i) the impacts of development on wildlife, including the impacts on wildlife
207 movement and wildlife habitat; and
208 (ii) how the impacts described in Subsection (6)(b)(i) may be mitigated.
209 (7) If a county has designated a mountainous planning district, the general plan for the
210 mountainous planning district is the controlling plan.
211 (8) Nothing in this part may be construed to limit the authority of the state to manage
212 and protect wildlife under Title 23A, Wildlife Resources Act.
213 (9) On or before December 31, 2025, a county that has a general plan that does not
214 include a water use and preservation element that complies with Section 17-27a-403 shall
215 amend the county's general plan to comply with Section 17-27a-403.
216 Section 4. Section 17-27a-501 is amended to read:
217 17-27a-501. Enactment of land use regulation.
218 (1) Only a legislative body, as the body authorized to weigh policy considerations, may
219 enact a land use regulation.
220 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
221 regulation only by ordinance.
222 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
223 imposes a fee.
224 (3) (a) A land use regulation shall be consistent with the purposes set forth in this
225 chapter.
226 (b) In considering and adopting a land use regulation, a legislative body shall consider:
227 (i) the impacts of development on wildlife, including the impacts on wildlife
228 movement and wildlife habitat; and
229 (ii) how the impacts described in Subsection (3)(b)(i) may be mitigated.
230 (4) (a) A legislative body shall adopt a land use regulation to:
231 (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
232 (ii) designate general uses allowed in each zoning district.
233 (b) A land use authority may establish or modify other restrictions or requirements
234 other than those described in Subsection (4)(a), including the configuration or modification of
235 uses or density, through a land use decision that applies criteria or policy elements that a land
236 use regulation establishes or describes.
237 (5) A county may not adopt a land use regulation, development agreement, or land use
238 decision that restricts the type of crop that may be grown in an area that is:
239 (a) zoned agricultural; or
240 (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
241 (6) A county land use regulation pertaining to an airport or an airport influence area, as
242 that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
243 Zoning Act.
244 Section 5. Effective date.
245 This bill takes effect on May 1, 2024.