Local Land Use Amendments

34
11-72-101
11-72-102
11-72-201
11-72-202
11-72-203
11-72-301
11-72-302
11-72-303
11-72-304
11-72-305
11-72-306
11-72-401
0
Local Land Use Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor:
LONG TITLE
General Description:
This bill establishes the Commission on Unincorporated Areas of a County of the First
Class.
Highlighted Provisions:
This bill:
defines terms;
makes legislative findings;
establishes the Commission on Unincorporated Areas of a County of the First Class
(commission);
describes the membership of the commission;
requires a county of the first class to provide staff support to the commission;
describes the duties of the commission;
authorizes the commission to make one or more plans regarding an unincorporated area in
a county of the first class;
describes the process to adopt, modify, or repeal a plan; and
describes the effect of an adopted plan.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-72-101
, Utah Code Annotated 1953
11-72-102
, Utah Code Annotated 1953
11-72-201
, Utah Code Annotated 1953
11-72-202
, Utah Code Annotated 1953
11-72-203
, Utah Code Annotated 1953
11-72-301
, Utah Code Annotated 1953
11-72-302
, Utah Code Annotated 1953
11-72-303
, Utah Code Annotated 1953
11-72-304
, Utah Code Annotated 1953
11-72-305
, Utah Code Annotated 1953
11-72-306
, Utah Code Annotated 1953
11-72-401
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
11-72-101
is enacted to read:
72. Commission on Unincorporated Areas of a County of the First Class
1. General Provisions
11-72-101
. Definitions.
As used in this chapter:
(1)
"Affected entity" means a special district, a special service district under Title 17D,
Chapter 1, Special Service District Act, a school district, an interlocal cooperation entity
established under Chapter 13, Interlocal Cooperation Act, a specified public utility, a
property owner, a property owners association, or the Department of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant
modification if a plan were implemented;
(b)
the entity has filed with the commission a copy of the entity's general or long-range
plan; and
(c)
the entity has filed with the commission a request for notice during the same calendar
year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(2)
"Commission" means the Commission on Unincorporated Areas of a County of the First
Class created in Section
11-72-201
.
(3)
"County" means a county that is classified under Section
17-60-104
as a county of the
first class.
Section 2. Section
11-72-102
is enacted to read:
11-72-102
. Purpose.
(1)
The Legislature finds that:
(a)
it is in the best interest of county residents and property owners in the county that
state and local public officials coordinate regional planning for unincorporated areas
of the county;
(b)
there is a statewide benefit to efficient local planning efforts, both in terms of
promoting sustainable growth and economic development;
(c)
some areas of the county, including certain unincorporated areas on the east side of
the county, are likely best suited to remain unincorporated in perpetuity while other
areas are likely best suited for future annexation into an existing municipality;
(d)
certain unincorporated islands in the county are already set to be automatically
annexed into neighboring municipalities in accordance with Section
10-2-814
on July
1, 2027; and
(e)
effective regional planning, including planning for future annexations, will promote
efficiency in developing infrastructure and service delivery.
(2)
In order to support effective local regional planning, the Legislature establishes the
commission in Section
11-72-201
.
Section 3. Section
11-72-201
is enacted to read:
2. Commission
11-72-201
. Commission on Unincorporated Areas of a County of the First Class
created.
(1)
There is created the Commission on Unincorporated Areas of a County of the First
Class.
(2)
(a)
The commission consists of the following members:
(i)
the mayor of Copperton, or the mayor's designee;
(ii)
the mayor of Herriman, or the mayor's designee;
(iii)
the mayor of Magna, or the mayor's designee;
(iv)
the mayor of South Jordan, or the mayor's designee;
(v)
the mayor of West Jordan, or the mayor's designee;
(vi)
the mayor of West Valley City, or the mayor's designee;
(vii)
one elected official who lives in a county of the first class, appointed by the
speaker of the House of Representatives;
(viii)
one elected official who lives in a county of the first class, appointed by the
president of the Senate; and
(ix)
one individual who lives in a county of the first class, appointed by the governor.
(b)
A member described in Subsections (2)(a)(vii) through
(ix)
may be removed from
the commission, with or without cause, by the official who appointed the member.
(3)
(a)
A majority of the members of the commission constitutes a quorum of the
commission.
(b)
(i)
Except as provided in Subsection
(3)(b)(ii)
, action by a majority of a quorum of
the commission is an action of the commission.
(ii)
Modification of an adopted plan requires a 2/3 vote of a quorum of the
commission, as described in Subsection
11-72-304(1)(e)
.
(4)
The commission shall annually select a chair from among the membership of the
commission.
(5)
(a)
A member of the commission who is not a legislator may not receive
compensation or benefits for the member's service, but may receive per diem and
travel expenses in accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b)
A member of the commission who is a legislator may receive per diem and travel
expenses in accordance with Section
36-2-2
and legislative joint rules.
(6)
A member of the commission shall comply with the conflict of interest provisions
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(7)
The commission is a public body, as defined in Section
52-4-103
.
(8)
(a)
Subject to Subsection
(8)(b)
, the commission may conduct business at any
location in the county that is:
(i)
reasonably accessible to members of the public; and
(ii)
able to facilitate virtual participation opportunities for members of the public and
other relevant stakeholders.
(b)
The commission shall make reasonable efforts to rotate public meeting and public
hearing locations throughout the county.
(9)
(a)
The county of the first class shall provide staff support to the commission.
(b)
The staff support described in Subsection
(9)(a)
:
(i)
is administrative and technical in nature; and
(ii)
does not constitute authority for the county to approve or deny action taken by the
commission that is authorized under this chapter.
(c)
Notwithstanding Subsection
(9)(a)
, a member of the commission may also receive
staff support, legal advice, or policy advice from the member's municipal staff or
other source.
Section 4. Section
11-72-202
is enacted to read:
11-72-202
. Duties -- Local government entities to provide information.
(1)
The commission shall:
(a)
study unincorporated areas of the county, identifying:
(i)
areas that are best suited to remain unincorporated in perpetuity; and
(ii)
areas that are best suited for annexation into an existing municipality at some
point in the future;
(b)
consult with relevant stakeholders in the county, including:
(i)
local municipal government officials;
(ii)
county government officials;
(iii)
relevant school district officials;
(iv)
special districts that provide services to unincorporated areas or that may expand
services to unincorporated areas;
(v)
representatives of a public utility that may be expected to service an
unincorporated area after annexation to a municipality; and
(vi)
private persons who own property in unincorporated areas of the county;
(c)
consult with regional stakeholders, including interlocal entities created under Chapter
13, Interlocal Cooperation Act, that develop policy recommendations and promote
regional and intergovernmental cooperation and coordination;
(d)
consult with relevant state-level stakeholders, including the Department of
Transportation;
(e)
draft proposed plans for areas described in Subsection
(1)(a)(ii)
that are located west
of Interstate 15, as described in Section
11-72-301
;
(f)
hold public hearings on proposed plans, proposed modifications to adopted plans, and
proposed repeals of adopted plans as described in Section
11-72-302
; and
(g)
adopt one or more plans as described in Section
11-72-303
.
(2)
In fulfilling the duties described in Subsection
(1)
, the commission may request
information from the county, a special district serving an unincorporated area in the
county, a municipality in the county, a state agency, or a private landowner in the county.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a government entity described in
Subsection
(2)
shall provide information requested under Subsection
(2)
in order to
support the commission in the commission's duties.
(b)
A government entity described in Subsection
(2)
is not required to provide the
commission with private or protected information, but shall, as much as is possible
and practical to do so, provide the commission with general information to address a
request from the commission.
Section 5. Section
11-72-203
is enacted to read:
11-72-203
. Commission a policy board -- Commission action.
(1)
The commission is a policy board, as that term is defined in Section
68-3-12.5
, and not
a land use authority.
(2)
(a)
The commission's adoption, modification, or repeal of a plan, as described in Part
3, Developing, Approving, Modifying, and Repealing Plans, is a legislative act.
(b)
All actions taken by the commission that are not described in Subsection
(2)(a)
are
either administrative or ministerial.
Section 6. Section
11-72-301
is enacted to read:
3. Developing, Approving, Modifying, and Repealing Plans
11-72-301
. Developing a proposed plan.
(1)
The commission shall develop a proposed plan regarding a designated unincorporated
area in the county as described in this section.
(2)
A proposed plan regarding a designated unincorporated area in the county:
(a)
shall describe the relevant designated unincorporated area by legal description, parcel
numbers, boundary lines, or another reasonable method;
(b)
(i)
shall designate one or more municipalities as eligible to annex the designated
unincorporated area in the future; or
(ii)
shall designate the designated unincorporated area as best suited to remain
unincorporated in perpetuity;
(c)
may provide for a comprehensive, long-range general plan for the designated
unincorporated area, similar to the provisions of Title 17, Chapter 79, Part 4, General
Plan, if the provisions of the proposed plan do not conflict with a general plan
adopted by the county governing body for the designated unincorporated area;
(d)
may recommend future land use regulations for the designated unincorporated area;
and
(e)
may include any other provision the commission considers advisable.
Section 7. Section
11-72-302
is enacted to read:
11-72-302
. Notice -- Public hearing.
(1)
Before the commission may adopt a proposed plan as described in Section
11-72-303
,
or modify or repeal an adopted plan under Section
11-72-304
, the commission shall:
(a)
schedule and hold a public hearing; and
(b)
provide notice for the public hearing as described in Subsection
(2)
.
(2)
(a)
The commission shall provide notice of the date, time, and place of the public
hearing at least 10 calendar days before the public hearing.
(b)
Each notice of a public hearing under Subsection
(2)(a)
shall:
(i)
be published as a class A notice under Section
63G-30-102
;
(ii)
be mailed to each affected entity; and
(iii)
(A)
include a copy of the draft plan or draft modification to an adopted plan,
or an electronic link to where the draft plan or draft modification may be found
on the internet; or
(B)
indicate that the commission shall consider repealing an adopted plan at the
public hearing and include a copy of the adopted plan considered for repeal or
an electronic link to where the adopted plan considered for repeal may be
found on the internet.
(3)
After the public hearing, the commission may modify a proposed plan or a proposed
modification to an adopted plan.
Section 8. Section
11-72-303
is enacted to read:
11-72-303
. Adopting a plan.
The commission may adopt a proposed plan:
(1)
in a public meeting;
(2)
with or without modifications; and
(3)
no earlier than 10 calendar days after holding a public hearing as described in Section
11-72-302
.
Section 9. Section
11-72-304
is enacted to read:
11-72-304
. Modifying or repealing an adopted plan.
(1)
The commission may approve a modification to an adopted plan or repeal an adopted
plan:
(a)
after taking a vote in a public meeting to consider modification or repeal of the
adopted plan;
(b)
after providing notice of a draft modification or planned repeal as described in
Section
11-72-302
;
(c)
after holding a public hearing on the draft modification or planned repeal as
described in Section
11-72-302
;
(d)
in a public meeting held no earlier than 10 calendar days after the public hearing
described in Subsection
(1)(c)
; and
(e)
by a minimum of a 2/3 majority vote of a quorum of the commission, approving the
modification or repeal.
(2)
Notwithstanding Subsection
(1)
, the commission may make, or authorize staff to make,
nonsubstantive changes to an adopted plan at any time.
(3)
(a)
A landowner or resident of an unincorporated area that is the subject of an
adopted plan may formally request the commission modify an adopted plan.
(b)
The commission may make rules, in accordance with Chapter 63G, Chapter 3, Utah
Administrative Rulemaking Act, governing the form of and manner of making a
request described in Subsection
(3)(a)
.
(c)
The commission shall respond in writing to a request made under Subsection
(3)(a)

by:
(i)
denying the request, explaining the reasons for the denial; or
(ii)
taking the request under consideration.
(4)
A modified adopted plan that is approved as described in this section has the same
effect as an adopted plan for purposes of Sections
11-72-305
and
11-72-306
.
Section 10. Section
11-72-305
is enacted to read:
11-72-305
. Notice of adopted plan -- Time for challenging an adopted plan.
(1)
Upon adopting a plan, the commission shall provide notice of the plan:
(a)
as a class A notice under Section
63G-30-102
for at least 30 days; and
(b)
as provided in Subsection
(2)
.
(2)
(a)
Each notice under Subsection
(1)
shall include:
(i)
the date the notice is first published;
(ii)
the resolution adopting the plan or a summary of the resolution; and
(iii)
a statement that the adopted plan is available for public inspection.
(b)
(i)
If the adopted plan is available for public inspection online, the notice shall
include a link to where the adopted plan may be found on the internet.
(ii)
If the adopted plan is available for public inspection in-person, the notice shall
include the address and hours for inspection.
(c)
The statement required under Subsection
(2)(a)(iii)
may be included within the
commission resolution adopting the plan or within the summary of the resolution.
(3)
A legal action or other challenge to an adopted plan is barred unless brought within 30
days after the day on which the commission first provides the notice described in
Subsection
(1)
.
Section 11. Section
11-72-306
is enacted to read:
11-72-306
. Effect of adopted plan.
(1)
Following the adoption of a plan, an unincorporated area described in the adopted plan
may be annexed by a municipality:
(a)
as described in the adopted plan;
(b)
according to the provisions of Title 10, Chapter 2, Part 8, Annexation; and
(c)
in accordance with any relevant local ordinance.
(2)
An unincorporated area of the county described in an adopted plan may not:
(a)
be annexed by a municipality that is not identified in the adopted plan as an approved
annexing municipality for that unincorporated area; or
(b)
incorporate as a municipality.
(3)
(a)
Provisions of an adopted plan that provide for general planning in unincorporated
areas or recommend future land use regulations for unincorporated areas are advisory
in nature.
(b)
The county and any municipality in the county that borders an unincorporated area
shall, as much as possible, consider and coordinate with provisions described in
Subsection
(3)(a)
.
(4)
(a)
A plan adopted under this part supplements but does not replace or alter:
(i)
annexation procedures under Title 10, Chapter 2, Part 8, Annexation; or
(ii)
the process to modify municipal boundaries under Title 10, Chapter 2, Part 9,
Municipal Boundary Adjustments.
(b)
If any conflict exists between this part and the following provisions, the provisions
of this part prevail:
(i)
Title 10, Chapter 2, Part 8, Annexation; or
(ii)
Title 10, Chapter 2, Part 9, Municipal Boundary Adjustments.
Section 12. Section
11-72-401
is enacted to read:
4. Report
11-72-401
. Report.
Beginning in 2027, the chair of the commission shall, no later than August 31, provide
an annual written report to the Political Subdivisions Interim Committee regarding:
(1)
the commission's activities under this chapter; and
(2)
the commission's recommendations, if any, for future legislation.
Section 13.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-13-26 12:33 PM