Micro-Education Entity Facility Amendments

28
10-20-304
17-79-305
0
Micro-Education Entity Facility Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill amends provisions regarding zoning and land use regulations regarding a
microschool or micro-education entity.
Highlighted Provisions:
This bill:
emphasizes that a micro-education entity is subject to a political subdivision's land use
regulations;
addresses the impact of a limit on micro-education entity capacity;
expands a list of examples of allowable land use regulations regarding a microschool or
micro-education entity; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-20-304
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
17-79-305
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-20-304
is amended to read:
10-20-304
. Political subdivisions required to conform to municipality's land use
ordinances -- Exceptions.
(1)
(a)
Each county, municipality, school district, charter school, special district, special
service district, and political subdivision of the state shall conform to any applicable
land use ordinance of any municipality when installing, constructing, operating, or
otherwise using any area, land, or building situated within that municipality.
(b)
In addition to any other remedies provided by law, when a municipality's land use
ordinance is violated or about to be violated by another political subdivision, that
municipality may institute an injunction, mandamus, abatement, or other appropriate
action or proceeding to prevent, enjoin, abate, or remove the improper installation,
improvement, or use.
(2)
(a)
Except as provided in Subsection
(3)
, a school district or charter school is subject
to a municipality's land use ordinances.
(b)
(i)
Notwithstanding Subsection
(3)
, a municipality may:
(A)
subject a charter school to standards within each zone pertaining to setback,
height, bulk and massing regulations, off-site parking, curb cut, traffic
circulation, and construction staging; and
(B)
impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection
(3)(f)
.
(ii)
The standards to which a municipality may subject a charter school under
Subsection
(2)(b)(i)
shall be objective standards only and may not be subjective.
(iii)
Except as provided in Subsection
(7)(d)
, the only basis upon which a
municipality may deny or withhold approval of a charter school's land use
application is the charter school's failure to comply with a standard imposed under
Subsection
(2)(b)(i)
.
(iv)
Nothing in Subsection
(2)(b)(iii)
may be construed to relieve a charter school of
an obligation to comply with a requirement of an applicable building or safety
code to which it is otherwise obligated to comply.
(3)
A municipality may not:
(a)
impose requirements for landscaping, fencing, aesthetic considerations, construction
methods or materials, additional building inspections, municipal building codes,
building use for educational purposes, or the placement or use of temporary
classroom facilities on school property;
(b)
except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact
of a school on a roadway or sidewalk, that is not reasonably necessary for the safety
of school children and not located on or contiguous to school property, unless the
roadway or sidewalk is required to connect an otherwise isolated school site to an
existing roadway;
(c)
require a district or charter school to pay fees not authorized by this section;
(d)
provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for
inspection by an inspector, other than the project architect or contractor, who is
qualified under criteria established by the state superintendent;
(e)
require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title
11, Chapter 36a
, Impact
Fees Act;
(f)
impose regulations upon the location of an educational facility except as necessary to
avoid unreasonable risks to health or safety; or
(g)
for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to
pupils, impose a regulation that:
(i)
is not imposed on a similar land use or structure in the zone in which the land use
or structure is approved; or
(ii)
uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4)
Subject to Section
53E-3-710
, a school district or charter school shall coordinate the
siting of a new school with the municipality in which the school is to be located, to:
(a)
avoid or mitigate existing and potential traffic hazards, including consideration of the
impacts between the new school and future highways; and
(b)
maximize school, student, and site safety.
(5)
Notwithstanding Subsection
(3)(d)
, a municipality may, at its discretion:
(a)
provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b)
provide recommendations based upon the walk-through.
(6)
(a)
Notwithstanding Subsection
(3)(d)
, a school district or charter school shall use:
(i)
a municipal building inspector;
(ii)
(A)
for a school district, a school district building inspector from that school
district; or
(B)
for a charter school, a school district building inspector from the school
district in which the charter school is located; or
(iii)
an independent, certified building inspector who is not an employee of the
contractor, licensed to perform the inspection that the inspector is requested to
perform, and approved by a municipal building inspector or:
(A)
for a school district, a school district building inspector from that school
district; or
(B)
for a charter school, a school district building inspector from the school
district in which the charter school is located.
(b)
The approval under Subsection
(6)(a)(iii)
may not be unreasonably withheld.
(c)
If a school district or charter school uses a school district or independent building
inspector under Subsection
(6)(a)(ii)
or
(iii)
, the school district or charter school shall
submit to the state superintendent of public instruction and municipal building
official, on a monthly basis during construction of the school building, a copy of each
inspection certificate regarding the school building.
(7)
(a)
A charter school, home-based microschool, or micro-education entity shall be
considered a permitted use in all zoning districts within a municipality.
(b)
Each land use application for any approval required for a charter school, home-based
microschool, or micro-education entity, including an application for a building
permit, shall be processed on a first priority basis.
(c)
Parking requirements for a charter school or a micro-education entity may not exceed
the minimum parking requirements for schools or other institutional public uses
throughout the municipality.
(d)
If a municipality has designated zones for a sexually oriented business, or a business
which sells alcohol, a charter school or a micro-education entity may be prohibited
from a location which would otherwise defeat the purpose for the zone unless the
charter school or micro-education entity provides a waiver.
(e)
(i)
A school district, charter school, or micro-education entity may seek a
certificate authorizing permanent occupancy of a school building from:
(A)
the state superintendent of public instruction, as provided in Subsection
53E-3-706
(3)
, if the school district or charter school used an independent
building inspector for inspection of the school building; or
(B)
a municipal official with authority to issue the certificate, if the school district,
charter school, or micro-education entity used a municipal building inspector
for inspection of the school building.
(ii)
A school district may issue its own certificate authorizing permanent occupancy
of a school building if it used its own building inspector for inspection of the
school building, subject to the notification requirement of Subsection
53E-3-706(3)(a)
.
(iii)
A charter school or micro-education entity may seek a certificate authorizing
permanent occupancy of a school building from a school district official with
authority to issue the certificate, if the charter school or micro-education entity
used a school district building inspector for inspection of the school building.
(iv)
A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection
53E-3-706
(3)
or a school district official
with authority to issue the certificate shall be considered to satisfy any municipal
requirement for an inspection or a certificate of occupancy.
(f)
(i)
A micro-education entity may operate in a facility
that
only if the
micro-education entity complies with all applicable ordinances of the political
subdivision, which may include provisions described in Subsection
(10)
or other
relevant provisions, and the facility:
(i)
meets Group E Occupancy requirements as defined by the International Building
Code, as incorporated by Section
15A-2-103
.
; or
(ii)
A micro-education entity operating in a facility described in Subsection
(7)(f)(i)

may have up to 100 students in the facility.
(g)
(ii)
A micro-education entity may operate in a facility that
is subject to and
complies with the same occupancy requirements as a Class A-1, A-3, B, or M
Occupancy as defined by the International Building Code, as incorporated by
Section
15A-2-103
, if:
(i)
(A)
the facility has a code compliant fire alarm system and carbon monoxide
detection system;
(ii)
(B)
(A)
each classroom in the facility has an exit directly to the outside at
the level of exit or discharge
;
,
or
(B)
the structure has a code compliant fire sprinkler system; and
(iii)
(C)
the facility has an automatic fire sprinkler system in fire areas of the
facility that are greater than 12,000 square feet.
(g)
(i)
The number of students that a micro-education entity may have in a facility
described in Subsection
(7)(f)
is:
(A)
determined by the facility's occupancy classification and occupant capacity
under the state construction codes, as incorporated by Section
15A-2-103
; and
(B)
subject to applicable zoning and land use regulations.
(ii)
Notwithstanding the facility's occupant capacity, a micro-education entity may
not have more than 100 students.
(h)
A person may alter or convert the use of a structure located within any zone into a
facility described in Subsection
(7)(f)
for operation by a micro-education entity if the
facility:
(i)
complies with the state construction codes, as incorporated by Section
15A-2-103
,
including any permit, plan review, or inspection required for a change in
occupancy classification; and
(ii)
complies with any applicable ordinances of the political subdivision, which may
include provisions described in Subsection
(10)
or other relevant provisions.
(h)
(i)
(i)
A home-based microschool is not subject to additional occupancy
requirements beyond occupancy requirements that apply to a primary dwelling.
(ii)
If a floor that is below grade in a home-based microschool is used for home-based
microschool purposes, the below grade floor of the home-based microschool shall
have at least one emergency escape or rescue window that complies with the
requirements for emergency escape and rescue windows as defined by the
International Residential Code, as incorporated by Section
15A-2-103
.
(8)
(a)
A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i)
as early as practicable in the development process, but no later than the
commencement of construction; and
(ii)
with sufficient detail to enable the land use authority to assess:
(A)
the specified public agency's compliance with applicable land use ordinances;
(B)
the demand for public facilities listed in Subsections
11-36a-102
(17)(a)
, (b),
(c), (d), (e), and (g) caused by the development;
(C)
the amount of any applicable fee described in Sections
10-20-904
and
10-20-910
;
(D)
any credit against an impact fee; and
(E)
the potential for waiving an impact fee.
(b)
The land use authority shall respond to a specified public agency's submission under
Subsection
(8)(a)
with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection
(8)(a)(ii)

in the process of preparing the budget for the development.
(9)
Nothing in this section may be construed to:
(a)
modify or supersede Section
10-20-305
; or
(b)
authorize a municipality to enforce an ordinance in a way, or enact an ordinance, that
fails to comply with
Title 57, Chapter 21, Utah Fair Housing Act
, the federal Fair
Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with
Disabilities Act of 1990, 42 U.S.C. Sec. 12102, or any other provision of federal law.
(10)
(a)
Nothing in Subsection
(7)
prevents a political subdivision from:
(a)
(i)
requiring a home-based microschool or micro-education entity to comply with
municipal zoning and land use regulations that do not conflict with this section,
including:
(i)
(A)
parking;
(ii)
(B)
traffic
; and
, including types or sizes of streets on which a microschool
or micro-education entity may be located based on the projected number of
students or impact and circulation requirements;
(C)
noise ordinances;
(D)
graduated square footage requirements for lot sizes based on the projected
number of students; and
(iii)
(E)
hours of operation;
(b)
(ii)
requiring a home-based microschool or micro-education entity to obtain a
business license;
(c)
(iii)
enacting municipal ordinances and regulations consistent with this section;
(d)
(iv)
subjecting a micro-education entity to standards within each zone pertaining
to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic
circulation, and construction staging; and
(e)
(v)
imposing regulations on the location of a project that are necessary to avoid
risks to health or safety.
(b)
Nothing in Subsection
(7)
or this Subsection
(10)
requires a political subdivision to
enact an ordinance.
(c)
A political subdivision may:
(i)
include in an ordinance one or more of the provisions described in Subsection
(10)(a)
; and
(ii)
include other relevant provisions not described in Subsection
(10)(a)
in an
ordinance.
Section 2. Section
17-79-305
is amended to read:
17-79-305
. Other entities required to conform to county's land use ordinances --
Exceptions -- School districts, charter schools, home-based microschools, and
micro-education entities -- Submission of development plan and schedule.
(1)
(a)
Each county, municipality, school district, charter school, special district, special
service district, and political subdivision of the state shall conform to any applicable
land use ordinance of any county when installing, constructing, operating, or
otherwise using any area, land, or building situated within a mountainous planning
district or the unincorporated portion of the county, as applicable.
(b)
In addition to any other remedies provided by law, when a county's land use
ordinance is violated or about to be violated by another political subdivision, that
county may institute an injunction, mandamus, abatement, or other appropriate action
or proceeding to prevent, enjoin, abate, or remove the improper installation,
improvement, or use.
(2)
(a)
Except as provided in Subsection
(3)
, a school district or charter school is subject
to a county's land use ordinances.
(b)
(i)
Notwithstanding Subsection
(3)
, a county may:
(A)
subject a charter school to standards within each zone pertaining to setback,
height, bulk and massing regulations, off-site parking, curb cut, traffic
circulation, and construction staging; and
(B)
impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection
(3)(f)
.
(ii)
The standards to which a county may subject a charter school under Subsection
(2)(b)(i)
shall be objective standards only and may not be subjective.
(iii)
Except as provided in Subsection
(7)(d)
, the only basis upon which a county may
deny or withhold approval of a charter school's land use application is the charter
school's failure to comply with a standard imposed under Subsection
(2)(b)(i)
.
(iv)
Nothing in Subsection
(2)(b)(iii)
may be construed to relieve a charter school of
an obligation to comply with a requirement of an applicable building or safety
code to which it is otherwise obligated to comply.
(3)
A county may not:
(a)
impose requirements for landscaping, fencing, aesthetic considerations, construction
methods or materials, additional building inspections, county building codes,
building use for educational purposes, or the placement or use of temporary
classroom facilities on school property;
(b)
except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact
of a school on a roadway or sidewalk, that is not reasonably necessary for the safety
of school children and not located on or contiguous to school property, unless the
roadway or sidewalk is required to connect an otherwise isolated school site to an
existing roadway;
(c)
require a district or charter school to pay fees not authorized by this section;
(d)
provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for
inspection by an inspector, other than the project architect or contractor, who is
qualified under criteria established by the state superintendent;
(e)
require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title
11, Chapter 36a
, Impact
Fees Act;
(f)
impose regulations upon the location of an educational facility except as necessary to
avoid unreasonable risks to health or safety; or
(g)
for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to
pupils, impose a regulation that:
(i)
is not imposed on a similar land use or structure in the zone in which the land use
or structure is approved; or
(ii)
uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4)
Subject to Section
53E-3-710
, a school district or charter school shall coordinate the
siting of a new school with the county in which the school is to be located, to:
(a)
avoid or mitigate existing and potential traffic hazards, including consideration of the
impacts between the new school and future highways; and
(b)
maximize school, student, and site safety.
(5)
Notwithstanding Subsection
(3)(d)
, a county may, at its discretion:
(a)
provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b)
provide recommendations based upon the walk-through.
(6)
(a)
Notwithstanding Subsection
(3)(d)
, a school district or charter school shall use:
(i)
a county building inspector;
(ii)
(A)
for a school district, a school district building inspector from that school
district; or
(B)
for a charter school, a school district building inspector from the school
district in which the charter school is located; or
(iii)
an independent, certified building inspector who is not an employee of the
contractor, licensed to perform the inspection that the inspector is requested to
perform, and approved by a county building inspector or:
(A)
for a school district, a school district building inspector from that school
district; or
(B)
for a charter school, a school district building inspector from the school
district in which the charter school is located.
(b)
The approval under Subsection
(6)(a)(iii)
may not be unreasonably withheld.
(c)
If a school district or charter school uses a school district or independent building
inspector under Subsection
(6)(a)(ii)
or
(iii)
, the school district or charter school shall
submit to the state superintendent of public instruction and county building official,
on a monthly basis during construction of the school building, a copy of each
inspection certificate regarding the school building.
(7)
(a)
A charter school, home-based microschool, or micro-education entity shall be
considered a permitted use in all zoning districts within a county.
(b)
Each land use application for any approval required for a charter school, home-based
microschool, or micro-education entity, including an application for a building
permit, shall be processed on a first priority basis.
(c)
Parking requirements for a charter school or micro-education entity may not exceed
the minimum parking requirements for schools or other institutional public uses
throughout the county.
(d)
If a county has designated zones for a sexually oriented business, or a business which
sells alcohol, a charter school or micro-education entity may be prohibited from a
location which would otherwise defeat the purpose for the zone unless the charter
school or micro-education entity provides a waiver.
(e)
(i)
A school district

, charter school, or micro-education entity may seek a
certificate authorizing permanent occupancy of a school building from:
(A)
the state superintendent of public instruction, as provided in Subsection
53E-3-706
(3)
, if the school district, charter school, or micro-education entity
used an independent building inspector for inspection of the school building; or
(B)
a county official with authority to issue the certificate, if the school district,
charter school, or micro-education entity used a county building inspector for
inspection of the school building.
(ii)
A school district may issue its own certificate authorizing permanent occupancy
of a school building if it used its own building inspector for inspection of the
school building, subject to the notification requirement of Subsection
53E-3-706(3)(d)(ii)
.
(iii)
A charter school or micro-education entity may seek a certificate authorizing
permanent occupancy of a school building from a school district official with
authority to issue the certificate, if the charter school or micro-education entity
used a school district building inspector for inspection of the school building.
(iv)
A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection
53E-3-706
(3)
or a school district official
with authority to issue the certificate shall be considered to satisfy any county
requirement for an inspection or a certificate of occupancy.
(f)
(i)
A micro-education entity may operate a facility
that
only if the
micro-education entity complies with all applicable ordinances of the political
subdivision, which may include provisions described in Subsection
(10)
or other
relevant provisions, and the facility:
(i)
meets Group E Occupancy requirements as defined by the International Building
Code, as incorporated by Subsection
15A-2-103(1)(a)
.
; or
(ii)
(ii)
A micro-education entity operating in a facility described in Subsection
(7)(f)(i)
may have up to 100 students in the facility.
(g)
A micro-education entity may operate a facility that
is subject to and complies with
the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as defined
by the International Building Code, as incorporated by Subsection
15A-2-103(1)(a)
,
if:
(i)
(A)
the facility has a code compliant fire alarm system and carbon monoxide
detection system;
(ii)
(B)
(A)
each classroom in the facility has an exit directly to the outside at
the level of exit discharge
;
,
or
(B)
the structure has a code compliant fire sprinkler system; and
(iii)
(C)
the facility has an automatic fire sprinkler system in fire areas of the
facility that are greater than 12,000 square feet.
(g)
(i)
The number of students that a micro-education entity may have in a facility
described in Subsection
(7)(f)
is:
(A)
determined by the facility's occupancy classification and occupant capacity
under the state construction codes, as incorporated by Section
15A-2-103
; and
(B)
subject to applicable zoning and land use regulations.
(ii)
Notwithstanding the facility's occupant capacity, a micro-education entity may
not have more than 100 students.
(h)
A person may alter or convert the use of a structure located within any zone into a
facility described in Subsection
(7)(f)
for operation by a micro-education entity if the
facility:
(i)
complies with the state construction codes, as incorporated by Section
15A-2-103
,
including any permit, plan review, or inspection required for a change in
occupancy classification; and
(ii)
complies with any applicable ordinances of the political subdivision, which may
include provisions described in Subsection
(10)
or other relevant provisions.
(h)
(i)
(i)
A home-based microschool is not subject to additional occupancy
requirements beyond occupancy requirements that apply to a primary dwelling.
(ii)
If a floor that is below grade in a home-based microschool is used for home-based
microschool purposes, the below grade floor of the home-based microschool shall
have at least one emergency escape or rescue window that complies with the
requirements for emergency escape and rescue windows as defined by the
International Residential Code, as incorporated in Section
15A-1-210
.
(8)
(a)
A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i)
as early as practicable in the development process, but no later than the
commencement of construction; and
(ii)
with sufficient detail to enable the land use authority to assess:
(A)
the specified public agency's compliance with applicable land use ordinances;
(B)
the demand for public facilities listed in Subsections
11-36a-102(17)(a)
, (b),
(c), (d), (e), and (g) caused by the development;
(C)
the amount of any applicable fee described in Section
17-79-804
;
(D)
any credit against an impact fee; and
(E)
the potential for waiving an impact fee.
(b)
The land use authority shall respond to a specified public agency's submission under
Subsection
(8)(a)
with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection
(8)(a)(ii)

in the process of preparing the budget for the development.
(9)
Nothing in this section may be construed to:
(a)
modify or supersede Section
17-79-306
; or
(b)
authorize a county to enforce an ordinance in a way, or enact an ordinance, that fails
to comply with
Title 57, Chapter 21, Utah Fair Housing Act
, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with
Disabilities Act of 1990, 42 U.S.C. 12102, or any other provision of federal law.
(10)
(a)
Nothing in Subsection
(7)
prevents a political subdivision from:
(a)
(i)
requiring a home-based microschool or micro-education entity to comply with
local zoning and land use regulations that do not conflict with this section,
including:
(i)
(A)
parking;
(ii)
(B)
traffic
; and
, including types or sizes of streets on which a microschool
or micro-education entity may be located based on the projected number of
students or impact and circulation requirements;
(C)
noise ordinances;
(D)
graduated square footage requirements for lot sizes based on the projected
number of students; and
(iii)
(E)
hours of operation;
(b)
(ii)
requiring a home-based microschool or micro-education entity to obtain a
business license;
(c)
(iii)
enacting county ordinances and regulations consistent with this section;
(d)
(iv)
subjecting a micro-education entity to standards within each zone pertaining
to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic
circulation, and construction staging; and
(e)
(v)
imposing regulations on the location of a project that are necessary to avoid
risks to health or safety.
(b)
Nothing in Subsection
(7)
or this Subsection
(10)
requires a political subdivision to
enact an ordinance.
(c)
A political subdivision may:
(i)
include in an ordinance one or more of the provisions described in Subsection
(10)(a)
; and
(ii)
include other relevant provisions not described in Subsection
(10)(a)
in an
ordinance.
(11)
Notwithstanding any other provision of law, the proximity restrictions that apply to
community locations do not apply to a micro-education entity.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 10:02 AM