Land Use Regulation Revisions

61
10-2a-106
10-2a-206
10-2a-220
10-20-301
10-20-302
10-20-507
10-20-807
10-21-101
10-21-304
17-79-205
17-79-301
17-79-302
17-79-507
17-79-707
17-79-901
0
Land Use Regulation Revisions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jill Koford
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill modifies provisions related to land use.
Highlighted Provisions:
This bill:
amends requirements for a modified feasibility request related to a proposed municipal
incorporation;
modifies requirements for an ordinance establishing a planning commission;
modifies planning commission powers and duties;
modifies the process for reviewing and approving a new or unlisted business use;
modifies the requirement to place certain infrastructure completion assurances in an
interest-bearing account;
requires a specified municipality to allow a detached accessory dwelling unit as a
permitted use in certain zones;
clarifies notice requirements for a proposed county land use ordinance that is ministerial
in nature;
modifies a county's authority to deny an applicant a building permit or certificate of
occupancy if the applicant has not completed an infrastructure improvement; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-2a-106
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 224 and
further amended by Revisor Instructions, Laws of Utah 2023, Chapter 224
10-2a-206
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 518
10-2a-220
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 518
10-20-301
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
10-20-302
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
10-20-507
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
10-20-807
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
10-21-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
17-79-205
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17-79-301
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17-79-302
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17-79-507
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17-79-707
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17-79-901
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
ENACTS:
10-21-304
Effective
10/01/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-2a-106
is amended to read:
10-2a-106
Effective
05/06/26
. Feasibility request filed before changes to law
take effect.
(1)
If an individual files a feasibility request for incorporation of a city or town before May
14, 2019, the process for incorporating the city or town is not subject to
Laws of Utah
2019, Chapter 165
or
Laws of Utah 2023, Chapter 224
, and is instead subject to the
municipal incorporation law in effect on the day on which the individual files the
feasibility request.
(2)
If an individual files a feasibility request for incorporation of a city or town before May
3, 2023
,
:

(a)
except as provided in Subsection
(2)(b)
,
the process for incorporating the city or
town is not subject to
Laws of Utah 2023, Chapter 224
, and is subject to the
municipal incorporation law in effect on the day on which the individual files the
feasibility request
; and
(b)
the process and requirements for filing a modified feasibility request on or after May
6, 2026, shall be in accordance with the law in effect on the day on which the
individual or an incorporation sponsor files a modified feasibility request
.
Section 2. Section
10-2a-206
is amended to read:
10-2a-206
Effective
05/06/26
. Modified feasibility request -- Supplemental
feasibility study.
(1)
As used in this section, "specified landowner" means the same as that term is defined in
Section
10-2a-204.5
.
(1)
(2)
(a)
The sponsors of a feasibility request may modify the request to alter the
boundaries of the proposed municipality and refile the modified feasibility request
with the county clerk if:
(i)
the results of the feasibility study do not comply with Subsection
10-2a-205(5)(a)
;
or
(ii)
(A)
the feasibility request complies with Subsection
10-2a-201.5(4)(b)
;
(B)
the annexation petition described in Subsection
10-2a-201.5(4)(b)
that
proposed the annexation of an area that is part of the area proposed for
incorporation has been denied; and
(C)
an incorporation petition based on the feasibility request has not been filed.
(b)
(i)
The sponsors of a feasibility request may not file a modified request under
Subsection
(1)(a)(i)
(2)(a)(i)
more than 90 days after the day on which the
feasibility consultant submits the final results of the feasibility study under
Subsection
10-2a-205(2)(c)(iii)
.
(ii)
The sponsors of a feasibility request may not file a modified request under
Subsection
(1)(a)(ii)
(2)(a)(ii)
more than 18 months after filing the original
feasibility request under Section
10-2a-202
.
(c)
(i)
Subject to Subsection
(1)(c)(ii)
(2)(c)(ii)
, each modified feasibility request
under Subsection
(1)(a)
(2)(a)
shall comply with Subsections
10-2a-202(1)
, (3),
(4), and (5) and Subsection
10-2a-201.5(4)
.
(ii)
Notwithstanding Subsection
(1)(c)(i)
(2)(c)(i)
, a signature on a feasibility request
filed under Section
10-2a-202
may be used toward fulfilling the signature
requirement of Subsection
10-2a-202(1)(a)
for the feasibility request as modified
under Subsection
(1)(a)
(2)(a)
, unless the modified feasibility request proposes
the incorporation of an area that is more than 20% larger or smaller than the area
described by the original feasibility request in terms of:
(A)
private land area; or
(B)
assessed fair market value of private real property, as of January 1 of the
current year.
(d)
Within 20 days after the day on which the county clerk receives the modified
request, the county clerk and the lieutenant governor shall follow the same procedure
described in Subsections
10-2a-204(1)
through
(6)
for the modified feasibility request
as for an original feasibility request.
(e)
(i)
If a sponsor files a modified feasibility request that includes an area of land that
was not included in the original feasibility request, the county clerk shall, within
seven days after the day on which the sponsor files the modified feasibility request
with the lieutenant governor, identify any new specified landowners located
within the added area of land and mail written notice to each of the new specified
landowners.
(ii)
The notice described in Subsection
(2)(e)(i)
shall:
(A)
describe the added area of land; and
(B)
state that a specified landowner who owns land within the added area may
request exclusion of the land from the proposed incorporation boundaries by
filing a request for exclusion with the county clerk within 30 days after the day
on which the county clerk mails the notice.
(f)
(i)
A specified landowner who owns land within the added area described in
Subsection
(2)(
e)(i)
may request exclusion of the land from the proposed
incorporation boundaries by filing a request for exclusion with the county clerk
within 30 days after the day on which the county clerk mails the notice described
in Subsection
(2)
(e)(i)
.
(ii)
The county clerk shall process a request for exclusion filed under Subsection
(
2)(f)(i)
in accordance with Subsections
10-2a-204.5(3)
through
(7)
, except that the
deadlines calculated from the first public hearing in Section
10-2a-204.5
shall
instead be calculated from the day on which the county clerk mails notice
described in Subsection
(2)(e)(i)
.
(e)
(g)
Within 10 days after
a
the day on which the time period for a specified
landowner to request exclusion under Subsection
(2)(f)
expires, or if a sponsor files a
modified feasibility request that does not include a new area of land, within 10 days
after the sponsor files the
modified feasibility request
is filed
, the lieutenant
governor shall:
(i)
estimate the cost of a supplemental feasibility study under this section; and
(ii)
provide the estimated cost to the feasibility request sponsors.
(f)
(h)
Within 20 days after the lieutenant governor provides the estimated
supplemental feasibility study cost, the feasibility request sponsors shall pay the
estimated cost to the lieutenant governor for a supplemental feasibility study
conducted on or after May 1, 2024.
(2)
(3)
The timely filing of a modified feasibility request under Subsection
(1)
(2)
gives
the modified feasibility request the same processing priority under Subsection
10-2a-204(7)
as the original feasibility request if the feasibility request sponsors pay the
estimated cost of the supplemental feasibility study as required in Subsection
(1)(e)
(2)(e)
.
(3)
(4)
Within
Except as provided in Subsection
(5)
, within
10 days after the day on
which the lieutenant governor receives payment of the estimated supplemental
feasibility study cost, the lieutenant governor shall commission the feasibility consultant
who conducted the feasibility study to conduct a supplemental feasibility study that
accounts for the modified feasibility request.
(5)
If a modified feasibility request includes an area of land that was not included in the
original feasibility request, the lieutenant governor may not commission a supplemental
feasibility study under Subsection
(4)
unless:
(a)
the deadline for filing a request for exclusion described in Subsection
(2)(f)
has
passed; and
(b)
the county clerk and lieutenant governor have issued a final determination on any
request for exclusion filed in accordance with Subsection
(2)(f)
.
(4)
(6)
The lieutenant governor shall require the feasibility consultant to:
(a)
submit a draft of the supplemental feasibility study to each applicable person with
whom the feasibility consultant is required to consult under Subsection
10-2a-205(3)(c)
within 30 days after the day on which the feasibility consultant is
engaged to conduct the supplemental study;
(b)
allow each person to whom the consultant provided a draft under Subsection
(4)(a)
(6)(a)
to review and provide comment on the draft; and
(c)
submit a completed supplemental feasibility study, to the following within 45 days
after the day on which the feasibility consultant is engaged to conduct the feasibility
study:
(i)
the lieutenant governor;
(ii)
the county legislative body of the county in which the incorporation is proposed;
(iii)
the contact sponsor; and
(iv)
each person to whom the consultant provided a draft under Subsection
(4)(a)
(6)(a)
.
(5)
(7)
If the results of the supplemental feasibility study do not comply with Subsection
10-2a-205(5)(a)
:
(a)
the process to incorporate the area that is the subject of the supplemental feasibility
study may not proceed; and
(b)
a feasibility request under Section
10-2a-202
may not be filed within 18 months after
the date of the supplemental feasibility study if the feasibility request proposes the
incorporation of an area included within the area described in the supplemental
feasibility study.
Section 3. Section
10-2a-220
is amended to read:
10-2a-220
Effective
05/06/26
. Costs of incorporation -- Fees established by
lieutenant governor.
(1)
(a)
There is created an expendable special revenue fund known as the "Municipal
Incorporation Expendable Special Revenue Fund."
(b)
The fund shall consist of:
(i)
appropriations from the Legislature;
(ii)
payments that feasibility request sponsors make to the lieutenant governor under
Subsections
10-2a-205(1)(b)
and
10-2a-206(1)(f)
; and
(iii)
fees the lieutenant governor collects and remits to the fund under this section.
(c)
The lieutenant governor shall deposit all money collected under this section into the
fund.
(2)
(a)
The lieutenant governor shall establish a fee in accordance with Section
63J-1-504

for a cost incurred by the lieutenant governor or the county for an incorporation
proceeding, including:
(i)
a request certification;
(ii)
a petition certification;
(iii)
publication of notices;
(iv)
public hearings;
(v)
all other incorporation activities occurring after the elections; and
(vi)
any other cost incurred by the lieutenant governor or county in relation to an
incorporation proceeding.
(b)
A cost under Subsection
(2)(a)
does not include a cost incurred by a county for
holding an election under Section
10-2a-210
.
(3)
Subject to Subsections
10-2a-205(1)(b)
and
10-2a-206(1)(f)
10-2a-206(2)(h)
, the
lieutenant governor shall pay for a cost described in Subsection
(2)(a)
using funds from
the Municipal Incorporation Expendable Special Revenue Fund.
(4)
(a)
A newly incorporated municipality shall:
(i)
pay to the lieutenant governor each fee established under Subsection
(2)
for each
cost described in Subsection
(2)(a)
incurred by the lieutenant governor or the
county;
(ii)
pay the county for a cost described in Subsection
(2)(b)
; and
(iii)
reimburse feasibility request sponsors the cost the feasibility request sponsors
paid for:
(A)
a feasibility study under Section
10-2a-205
; and
(B)
any supplemental feasibility study under Section
10-2a-206
.
(b)
The lieutenant governor shall execute a payback agreement with each new
municipality for the new municipality to pay the fees described in Subsection
(4)(a)

over a period that, except as provided in Subsection
(4)(c)
, may not exceed five years.
(c)
If necessary, the lieutenant governor may extend a fee payment deadline beyond the
deadline described in Subsection
(4)(b)
by amending the payback agreement
described in Subsection
(4)(b)
.
(d)
The lieutenant governor shall deposit each fee the lieutenant governor collects under
Subsection
(4)(a)(i)
into the Municipal Incorporation Expendable Special Revenue
Fund.
(5)
If the lieutenant governor expends funds from the Municipal Incorporation Expendable
Special Revenue Fund that are not repaid to the lieutenant governor under Subsection
(4)(a)(i)
because an area did not incorporate as a municipality, the Legislature shall
appropriate money to the fund in an amount equal to the funds that are not repaid.
Section 4. Section
10-20-301
is amended to read:
10-20-301
Effective
05/06/26
. Ordinance establishing planning commission
required -- Ordinance requirements -- Compensation.
(1)
(a)
Each municipality shall enact an ordinance establishing a planning commission.
(b)
The ordinance shall
define
:
(i)
include
the number and terms of the
planning commission
members and, if the
municipality chooses, alternate members;
(ii)
the mode of appointment
provide procedures for appointing a planning
commission member
;
(iii)
the
provide
procedures for filling vacancies
and
on the planning commission;

(iv)
removal from office;
provide procedures for removing a planning commission
member from the planning commission and specify that:
(A)
in a form of government described in Section
10-3b-301
or
10-3b-401
, and
subject to any delegation of authority under Subsection
10-3b-303(1)
or
10-3b-403(1)
, the legislative body may remove a planning commission
member; or
(B)
in a form of government described in Section
10-3b-202
, the mayor may
remove a planning commission member;
(v)
except as provided in Subsection
(1)(b)(vi)
, describe the causes for which a
planning commission member may be removed from the planning commission,
which shall include:
(A)
using public funds for a political purpose under Title 20A, Chapter 11, Part
12, Political Activities of Public Entities Act;
(B)
violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and
Employees' Ethics Act; and
(C)
acting with the intent to influence a land use decision or an appeal of a
pending land use application in a manner that creates actual impermissible bias
or an unacceptable risk of impermissible bias in the planning commission
member's administrative or quasi-judicial duties;
(vi)
provide that a planning commission member deliberating about a specific
pending land use application in a planning commission meeting with municipal
staff, an elected official, or the land use applicant is not cause for removing a
planning commission member from the planning commission;
(vii)
provide requirements for when a planning commission member shall recuse
oneself from deliberating or voting on certain land use applications;
(iv)
(viii)
define
the authority of the planning commission;
(v)
(ix)
subject to Subsection
(1)(c)
,
the
include
rules of order and procedure for
use by the planning commission in a public meeting; and
(vi)
(x)
include
other details relating to the organization and procedures of the
planning commission.
(c)
Subsection
(1)(b)(v)
(1)(b)(ix)
does not affect the planning commission's duty to
comply with
Title 52, Chapter 4, Open and Public Meetings Act
.
(2)
The legislative body may authorize a member to receive per diem and travel expenses
for meetings actually attended, in accordance with Section
11-55-103
.
Section 5. Section
10-20-302
is amended to read:
10-20-302
Effective
05/06/26
. Planning commission powers and duties --
Training requirements.
(1)
The planning commission shall review and make a recommendation to the legislative
body for:
(a)
a general plan and amendments to the general plan;
(b)
land use regulations, including:
(i)
ordinances regarding the subdivision of land within the municipality; and
(ii)
amendments to existing land use regulations;
(c)
an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(d)
an appropriate delegation of power to at least one appeal authority to hear and act on
an appeal from a decision of the land use authority; and
(e)
application processes that:
(i)
may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the
application is uncontested; and
(ii)
shall protect the right of each:
(A)
land use applicant and adversely affected party to require formal consideration
of any application by a land use authority;
and
(B)
land use applicant or adversely affected party to appeal a land use authority's
decision to a separate appeal authority
; and
.
(C)
participant to be heard in each public hearing on a contested application.
(2)
Before making a recommendation to a legislative body on an item described in
Subsection
(1)(a)
or
(b)
, the planning commission shall hold a public hearing in
accordance with Section
10-20-405
.
(3)
A legislative body may adopt, modify, or reject a planning commission's
recommendation to the legislative body under this section.
(4)
A legislative body may consider a planning commission's failure to make a timely
recommendation as a negative recommendation.
(5)
Nothing in this section limits the right of a municipality to initiate or propose the actions
described in this section.
(6)
(a)
(i)
This Subsection
(6)
applies to:
(A)
a city of the first, second, third, or fourth class; and
(B)
a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class.
(ii)
The population for each city described in Subsection
(6)(a)(i)
shall be derived
from:
(A)
an estimate of the Utah Population Committee created in Section
63C-20-103
;
or
(B)
if the Utah Population Committee estimate is not available, the most recent
official census or census estimate of the United States
Bureau of the
Census

Bureau
.
(b)
A municipality described in Subsection
(6)(a)(i)
shall ensure that each member of the
municipality's planning commission completes four hours of annual land use training
as follows:
(i)
one hour of annual training on general powers and duties
, including the role of the
planning commission in administrative, legislative, and quasi-judicial functions

under this chapter; and
(ii)
three hours of annual training on
a combination of
land use
and ethics topics
,
which may include:
(A)
appeals and variances;
(B)
conditional use permits;
(C)
exactions;
(D)
impact fees;
(E)
vested rights;
(F)
subdivision regulations and improvement guarantees;
(G)
land use referenda;
(H)
property rights;
(I)
real estate procedures and financing;
(J)
zoning, including use-based and form-based;
and
(K)
drafting ordinances and code that complies with statute
.
;
(L)
ex parte communication; and
(M)
conflict of interest.
(c)
A newly appointed planning commission member may not participate in a public
meeting as an appointed member until the member completes the training described
in Subsection
(6)(b)(i)
.
(d)
A planning commission member may qualify for one completed hour of training
required under Subsection
(6)(b)(ii)
if the member attends, as an appointed member,
12 public meetings of the planning commission within a calendar year.
(e)
A municipality shall provide the training described in Subsection
(6)(b)
through:
(i)
municipal staff;
(ii)
the Utah League of Cities and Towns; or
(iii)
a list of training courses selected by:
(A)
the Utah League of Cities and Towns; or
(B)
the Division of Real Estate created in Section
61-2-201
.
(f)
A municipality shall, for each planning commission member:
(i)
monitor compliance with the training requirements in Subsection
(6)(b)
; and
(ii)
maintain a record of training completion at the end of each calendar year.
Section 6. Section
10-20-507
is amended to read:
10-20-507
Effective
05/06/26
. Classification of new and unlisted business uses.
(1)
As used in this section:
(a)
"Classification request" means a request to determine whether a proposed business
use aligns with an existing land use specified in a municipality's land use ordinances.
(b)
"New or unlisted business use" means a business activity that does not align with an
existing land use specified in a municipality's land use ordinances.
(2)
(a)
Each municipality shall incorporate into the municipality's land use ordinances a
process for reviewing and approving a new or unlisted business use and designating
an appropriate zone or zones for an approved use.
(b)
The process described in Subsection
(2)(a)
shall:
(i)
detail how an applicant may submit a classification request;
(ii)
establish a procedure for the municipality to review a classification request,
including:
(A)
providing a land use authority with criteria to determine whether a proposed
use aligns with an existing use;
and
(B)
allowing an applicant to proceed under the regulations of an existing use if a
land use authority determines a proposed use aligns with that existing use;
and
(C)
providing the applicant an opportunity to appeal a land use authority's decision
to a land use appeal authority;
(iii)
provide that if a use is determined to be a new or unlisted business use:
(A)
the applicant shall submit
to the legislative body for review
an application
for
approval of the new or unlisted business use to the legislative body for review
requesting that the legislative body adopt a land use ordinance that permits the
new or unlisted business as a permitted or conditional use
;
(B)
notwithstanding Subsection
10-20-503(2)
or
(3)
,
the legislative body shall
consider and
determine whether to
approve or deny
the new or unlisted
business use
the application described in Subsection
(2)(b)(iii)(A)
; and
(C)
the legislative body shall approve or deny
the new or unlisted business use
the application described in Subsection
(2)(b)(iii)(A)
, within a time frame the
legislative body establishes by ordinance, if the applicant responds to requests
for additional information within a time frame established by the municipality
and appears at required hearings;
(iv)
provide that if the legislative body approves
a proposed new or unlisted business
use
the application described in Subsection
(2)(b)(iii)(A)
, the legislative body
shall designate an appropriate zone or zones for the approved use; and
(v)
provide that if the legislative body denies
a proposed new or unlisted business use
the application described in Subsection
(2)(b)(iii)(A)
, or if an applicant disagrees
with the land use authority's classification of the proposed use, the legislative
body shall:
(A)
notify the applicant in writing of each reason for the classification or denial;
and
(B)
offer the applicant an opportunity to challenge the classification or denial
through an administrative appeal process established by the municipality
notify
the applicant of the process for appealing the legislative body's decision in
accordance with Section
10-20-1109
.
(c)
A municipality may not require an applicant who submits an application described in
Subsection
(2)(b)(iii)(A)
to submit the application to the planning commission for
consideration, review, or approval.
(3)
Each municipality shall amend each land use ordinance that contains a list of approved
or prohibited business uses to include a reference to the process for petitioning to
approve a new or unlisted business use, as described in Subsection
(2)
.
Section 7. Section
10-20-807
is amended to read:
10-20-807
Effective
05/06/26
. Subdivision plat recording or development
activity before required landscaping or infrastructure is completed -- Improvement
completion assurance -- Improvement warranty.
(1)
As used in this section:
(a)
"Private landscaping plan" means a proposal:
(i)
to install landscaping on a lot owned by a private individual or entity; and
(ii)
submitted to a municipality by the private individual or entity, or on behalf of a
private individual or entity, that owns the lot.
(b)
"Public landscaping improvement" means landscaping that an applicant is required to
install to comply with published installation and inspection specifications for public
improvements that:
(i)
will be dedicated to and maintained by the municipality; or
(ii)
are associated with and proximate to trail improvements that connect to planned
or existing public infrastructure.
(2)
A land use authority shall establish objective inspection standards for acceptance of a
public landscaping improvement or infrastructure improvement that the land use
authority requires.
(3)
(a)
Except as provided in Subsection
(3)(d)
or (e), before an applicant conducts any
development activity or records a plat, the applicant shall:
(i)
complete any required public landscaping improvements or infrastructure
improvements; or
(ii)
post an improvement completion assurance for any required public landscaping
improvements or infrastructure improvements.
(b)
If an applicant elects to post an improvement completion assurance, the applicant
shall
,
in accordance with Subsection
(5)
,
provide completion assurance for:
(i)
completion of 100% of the required public landscaping improvements or
infrastructure improvements; or
(ii)
if the municipality has inspected and accepted a portion of the public landscaping
improvements or infrastructure improvements, 100% of the incomplete or
unaccepted public landscaping improvements or infrastructure improvements.
(c)
A municipality shall:
(i)
establish a minimum of two acceptable forms of completion assurance;
(ii)
(A)
if an applicant elects to post an improvement completion assurance, allow
the applicant to post an assurance that meets the conditions of this chapter and
any local ordinances; and
(B)
beginning on May 7, 2025,
if a municipality accepts cash deposits as a form of
completion assurance and the applicant elects to post a
new
cash deposit as a
form of completion assurance, place the cash deposit in an interest-bearing
account upon receipt and return any earned interest to the applicant with the
return of the completion assurance according to the conditions of this chapter
and any local ordinances;
(iii)
establish a system for the partial release of an improvement completion
assurance as portions of required public landscaping improvements or
infrastructure improvements are completed and accepted in accordance with local
ordinance; and
(iv)
issue or deny a building permit in accordance with Section
10-20-1001
based on
the installation of public landscaping improvements or infrastructure
improvements.
(d)
A municipality may not require an applicant to post an improvement completion
assurance for:
(i)
public landscaping improvements or an infrastructure improvement that the
municipality has previously inspected and accepted;
(ii)
infrastructure improvements that are private and not essential or required to meet
the building code, fire code, flood or storm water management provisions, street
and access requirements, or other essential necessary public safety improvements
adopted in a land use regulation;
(iii)
in a municipality where ordinances require all infrastructure improvements
within the area to be private, infrastructure improvements within a development
that the municipality requires to be private;
(iv)
landscaping improvements that are not public landscaping improvements, unless
the landscaping improvements and completion assurance are required under the
terms of a development agreement;
(v)
a private landscaping plan;
(vi)
landscaping improvements or infrastructure improvements that an applicant
elects to install at the applicant's own risk:
(A)
before the plat is recorded;
(B)
in accordance with inspections required by the municipality for the
infrastructure improvement; and
(C)
in accordance with final civil engineering plan approval by the municipality; or
(vii)
any individual public landscaping improvement or individual infrastructure
improvement when the individual public landscaping improvement or individual
infrastructure improvement is also included as part of a separate improvement
completion assurance.
(e)
(i)
A municipality may not:
(A)
prohibit an applicant from installing a public landscaping improvement or an
infrastructure improvement when the municipality has approved final civil
engineering plans for the development activity or plat for which the public
landscaping improvement or infrastructure improvement is required; or
(B)
require an applicant to sign an agreement, release, or other document
inconsistent with this chapter as a condition of posting an improvement
completion assurance, security for an improvement warranty, or receiving a
building permit.
(ii)
Notwithstanding Subsection
(3)(e)(i)(A)
, public infrastructure improvements and
infrastructure improvements that are installed by an applicant are subject to
inspection by the municipality in accordance with the municipality's adopted
inspection standards.
(f)
(i)
Each improvement completion assurance and improvement warranty posted by
an applicant with a municipality shall be independent of any other improvement
completion assurance or improvement warranty posted by the same applicant with
the municipality.
(ii)
Subject to Section
10-20-905
, if an applicant has posted a form of security with a
municipality for more than one infrastructure improvement or public landscaping
improvement, the municipality may not withhold acceptance of an applicant's
required subdivision improvements, public landscaping improvement,
infrastructure improvements, or the performance of warranty work for the same
applicant's failure to complete a separate subdivision improvement, public
landscaping improvement, infrastructure improvement, or warranty work under a
separate improvement completion assurance or improvement warranty.
(4)
(a)
Except as provided in Subsection
(4)(c)
, as a condition for increased density or
other entitlement benefit not currently available under the existing zone, a
municipality may require a completion assurance bond for landscaped amenities and
common area that are dedicated to and maintained by a homeowners association.
(b)
Any agreement regarding a completion assurance bond under Subsection
(4)(a)

between the applicant and the municipality shall be memorialized in a development
agreement.
(c)
A municipality may not require a completion assurance bond for or dictate who
installs or is responsible for the cost of the landscaping of residential lots or the
equivalent open space surrounding single-family attached homes, whether platted as
lots or common area.
(5)
The sum of the improvement completion assurance required under Subsections
(3)
and
(4)
may not exceed the sum of:
(a)
100% of the estimated cost of the public landscaping improvements or infrastructure
improvements, as evidenced by an engineer's estimate or licensed contractor's bid;
and
(b)
10% of the amount of the bond to cover administrative costs incurred by the
municipality to complete the improvements, if necessary.
(6)
(a)
Upon an applicant's written request that the land use authority accept or reject the
applicant's installation of required subdivision improvements or performance of
warranty work as set forth in Section
10-20-905
, and for the duration of each
improvement warranty period, the municipality may require the applicant to:
(i)
execute an improvement warranty for the improvement warranty period; and
(ii)
post a cash deposit, surety bond, letter of credit, or other similar security, as
required by the municipality, in the amount of up to 10% of the lesser of the:
(A)
municipal engineer's original estimated cost of completion; or
(B)
applicant's reasonable proven cost of completion.
(b)
A municipality may not require the payment of the deposit of the improvement
warranty assurance described in Subsection
(6)(a)(i)
for an infrastructure
improvement or public landscaping improvement before the applicant indicates
through written request that the applicant has completed the infrastructure
improvement or public landscaping improvement.
(7)
When a municipality accepts an improvement completion assurance for public
landscaping improvements or infrastructure improvements for a development in
accordance with Subsection
(3)(c)(ii)
, the municipality may not deny an applicant a
building permit if the development meets the requirements for the issuance of a building
permit under the building code and fire code.
(8)
A municipality may not require the submission of a private landscaping plan as part of
an application for a building permit.
(9)
The provisions of this section do not supersede the terms of a valid development
agreement, an adopted phasing plan, or the
state construction code
State Construction
Code
.
Section 8. Section
10-21-101
is amended to read:
10-21-101
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a single-family dwelling and contained on one lot or parcel.
(2)
"Accessory structure" means a detached structure located on the same lot or parcel as a
principal structure and is incidental and subordinate to the size and use of the principal
structure.
(3)
"Affordable housing" means housing offered for sale at 80% or less of the median
county home price for housing of that type.
(2)
(4)
"Agency" means the same as that term is defined in Section
17C-1-102
.
(3)
(5)
"Applicable metropolitan planning organization" means the metropolitan planning
organization that has jurisdiction over the area in which a fixed guideway public transit
station is located.
(4)
(6)
"Applicable public transit district" means the public transit district, as defined in
Section
17B-2a-802
, of which a fixed guideway public transit station is included.
(5)
(7)
"Base taxable value" means a property's taxable value as shown upon the
assessment roll last equalized during the base year.
(6)
(8)
"Base year" means, for a proposed home ownership promotion zone area, a year
beginning the first day of the calendar quarter determined by the last equalized tax roll
before the adoption of the home ownership promotion zone.
(9)
"Detached accessory dwelling unit" means an accessory dwelling unit that is not
attached to or within a primary detached single-family dwelling and located on the same
lot or parcel as the primary detached single-family dwelling.
(7)
(10)
"Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(8)
(11)
"Existing fixed guideway public transit station" means a fixed guideway public
transit station for which construction begins before June 1, 2022.
(9)
(12)
"Fixed guideway" means the same as that term is defined in Section
59-12-102
.
(10)
(13)
"Home ownership promotion zone" means a home ownership promotion zone
created in accordance with this part.
(11)
(14)
"Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified municipality's general plan as provided
in Subsection
10-21-201(4)
.
(12)
(15)
"Initial report" or "initial moderate income housing report" means the one-time
report described in Subsection
10-21-202(1)
.
(13)
(16)
"Internal accessory dwelling unit" means an accessory dwelling unit created:
(a)
within a primary dwelling;
(b)
within the footprint of the primary dwelling described in
Subsection (13)(a)
Subsection
(16)(a)
at the time the internal accessory dwelling unit is created; and
(c)
for the purpose of offering a long-term rental of 30 consecutive days or longer.
(14)
(17)
"Moderate income housing strategy" means a strategy described in Subsection
10-21-201(3)(a)(iii)
.
(15)
(18)
"New fixed guideway public transit station" means a fixed guideway public
transit station for which construction begins on or after June 1, 2022.
(16)
(19)
"Participant" means the same as that term is defined in Section
17C-1-102
.
(17)
(20)
"Participation agreement" means the same as that term is defined in Section
17C-1-102
.
(18)
(21)
(a)
"Primary dwelling" means a single-family dwelling that:
(i)
is detached; and
(ii)
is occupied as the primary residence of the owner of record.
(b)
"Primary dwelling" includes a garage if the garage:
(i)
is a habitable space; and
(ii)
is connected to the primary dwelling by a common wall.
(19)
(22)
"Project improvements" means the same as that term is defined in Section
11-36a-102
.
(20)
(23)
"Qualifying land use petition" means a petition:
(a)
that involves land located within a station area for an existing public transit station
that provides rail services;
(b)
that involves land located within a station area for which the municipality has not yet
satisfied the requirements of Subsection
10-21-203(1)(a)
;
(c)
that proposes the development of an area greater than five contiguous acres, with no
less than 51% of the acreage within the station area;
(d)
that would require the municipality to amend the municipality's general plan or
change a zoning designation for the land use application to be approved;
(e)
that would require a higher density than the density currently allowed by the
municipality;
(f)
that proposes the construction of new residential units, at least 10% of which are
dedicated to moderate income housing; and
(g)
for which the land use applicant requests the municipality to initiate the process of
satisfying the requirements of Subsection
10-21-203(1)(a)
for the station area in
which the development is proposed, subject to Subsection
10-21-203(2)(d)
.
(21)
(24)
"Report" means an initial report or a subsequent progress report.
(22)
(25)
"Specified municipality" means:
(a)
a city of the first, second, third, or fourth class; or
(b)
a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class.
(23)
(26)
(a)
"Station area" means:
(i)
for a fixed guideway public transit station that provides rail services, the area
within a one-half mile radius of the center of the fixed guideway public transit
station platform; or
(ii)
for a fixed guideway public transit station that provides bus services only, the
area within a one-fourth mile radius of the center of the fixed guideway public
transit station platform.
(b)
"Station area" includes any parcel bisected by the radius limitation described in
Subsection (a)(i)
Subsection
(26)(a)(i)
or
(ii)
.
(24)
(27)
"Station area plan" means a plan that:
(a)
establishes a vision, and the actions needed to implement that vision, for the
development of land within a station area; and
(b)
is developed and adopted in accordance with this section.
(25)
(28)
"Subsequent progress report" means the annual report described in Subsection
10-21-202(2)
.
(26)
(29)
"System improvements" means the same as that term is defined in Section
11-36a-102
.
(27)
(30)
"Tax commission" means the State Tax Commission created in Section
59-1-201
.
(28)
(31)
(a)
"Tax increment" means the difference between:
(i)
the amount of property tax revenue generated each tax year by a taxing entity from
the area within a home ownership promotion zone, using the current assessed
value and each taxing entity's current certified tax rate as defined in Section
59-2-924
; and
(ii)
the amount of property tax revenue that would be generated from that same area
using the base taxable value and each taxing entity's current certified tax rate as
defined in Section
59-2-924
.
(b)
"Tax increment" does not include property revenue from:
(i)
a multicounty assessing and collecting levy described in Subsection
59-2-1602(2)
;
or
(ii)
a county additional property tax described in Subsection
59-2-1602(4)
.
(29)
(32)
"Taxing entity" means the same as that term is defined in Section
17C-1-102
.
Section 9. Section
10-21-304
is enacted to read:
10-21-304
Effective
10/01/26
. Detached accessory dwelling units.
(1)
(a)
A specified municipality shall adopt a land use regulation that permits a detached
accessory dwelling unit on any lot or parcel that is 10,000 square feet or larger and
contains a single-family dwelling, if the single-family dwelling is a permitted use on
the lot or parcel.
(b)
This section does not prohibit a municipality from adopting a land use regulation that
permits a detached accessory dwelling unit on a lot or parcel that is smaller than
10,000 square feet.
(2)
A land use regulation described in Subsection
(1)
shall:
(a)
require that a detached accessory dwelling unit comply with all applicable building,
health, and fire codes; and
(b)
include a process for the owner of a legally constructed accessory structure to
convert the accessory structure to a detached accessory dwelling unit subject to
applicable:
(i)
dwelling and accessory structure setback requirements; and
(ii)
building, health, and fire codes.
(3)
A land use regulation described in Subsection
(1)
may not:
(a)
require a conditional use permit for a detached accessory dwelling unit if the
proposed detached accessory dwelling unit is located in a primarily residential zone;
(b)
require more than two on-site parking spaces assigned to a detached accessory
dwelling unit that is 650 square feet or larger;
(c)
require more than one on-site parking space assigned to a detached accessory
dwelling unit that is smaller than 650 square feet; or
(d)
include design standards for a detached accessory dwelling unit that conflict with
Section
10-20-618
.
(4)
A land use regulation described in Subsection
(1)
may:
(a)
require a detached accessory dwelling unit to:
(i)
conform to applicable land use regulations that regulate structure size, dimension,
height, and maximum lot coverage;
(ii)
conform to setback requirements, that may take into account proximity to
property lines and other structures, easements, window orientation, massing, or
other elements; and
(iii)
be designed consistent with the design of the single-family dwelling;
(b)
prohibit a detached accessory dwelling unit from being:
(i)
larger in size than the single-family dwelling located on the same lot or parcel;
(ii)
located within a public utility easement or other recorded easement;
(iii)
located in a front-yard area of a lot or parcel; or
(iv)
rented for less than 90 consecutive days;
(c)
require that the owner of a lot or parcel where a detached accessory dwelling unit is
located reside in the detached single-family dwelling or detached accessory dwelling
unit located on the lot or parcel;
(d)
require that when a detached garage is converted to a detached accessory dwelling
unit, any parking spaces required for the single-family dwelling that were located
with the detached garage are replaced on-site;
(e)
prohibit more than one accessory dwelling unit on a lot or parcel; and
(f)
prohibit a detached accessory dwelling unit if:
(i)
the detached accessory dwelling unit will not have adequate access to a required
utility service that is a project improvement, including sanitary sewer, culinary
water, electrical, or storm water; or
(ii)
a utility service that is a system improvement, including sanitary sewer, culinary
water, electrical, or storm water, to which the detached accessory dwelling unit is
required to connect does not have sufficient capacity to support the addition of the
detached accessory dwelling unit to the utility service system improvements.
(5)
This section does not supersede:
(a)
a land use regulation that regulates a detached accessory building that is not a
detached accessory dwelling unit;
(b)
prohibitions or restrictions on detached accessory dwelling units in a development
agreement signed by a municipality on or before May 6, 2026; or
(c)
a land use regulation or administrative action that:
(i)
is not prohibited by law; and
(ii)
relates to a detached accessory dwelling unit.
Section 10. Section
17-79-205
is amended to read:
17-79-205
Effective
05/06/26
. Notice of public hearings and public meetings on
adoption or modification of land use regulation.
(1)
Each county shall give:
(a)
notice of the date, time, and place of the first public hearing to consider the adoption
or modification of a land use regulation; and
(b)
notice of each public meeting on the subject.
(2)
Each notice of a public hearing under Subsection
(1)(a)
shall be:
(a)
mailed to each affected entity at least 10 calendar days before the public hearing; and
(b)
(i)
provided for the area affected by the land use ordinance changes, as a class B
notice under Section
63G-30-102
, for at least 10 calendar days before the day of
the public hearing; or
(ii)
if the proposed land use ordinance adoption or modification is ministerial in
nature, as described in Subsections
(6)(a)
and
(b)
, provided as a class A notice
under Section
63G-30-102
for at least 10 calendar days before the day of the
public hearing.
(3)
In addition to the notice requirements described in Subsections
(1)
and
(2)
, for any
proposed modification to the text of a zoning code, the notice posted in accordance with
Subsection
(2)
shall:
(a)
include:
(i)
a summary of the effect of the proposed modifications to the text of the zoning
code designed to be understood by a lay person; or
(ii)
a direct link to the county's webpage where a person can find a summary of the
effect of the proposed modifications to the text of the zoning code designed to be
understood by a lay person; and
(b)
be provided to any person upon written request.
(4)
Each notice of a public meeting under Subsection
(1)(b)
shall be at least 24 hours before
the hearing and shall be published for the county, as a class A notice under Section
63G-30-102
, for at least 24 hours.
(5)
(a)
A county shall send a courtesy notice to each owner of private real property
whose property is located entirely or partially within the proposed zoning map
enactment or amendment at least 10 days before the scheduled day of the public
hearing.
(b)
The notice shall:
(i)
identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii)
state the current zone in which the real property is located;
(iii)
state the proposed new zone for the real property;
(iv)
provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning
map or map amendment is adopted;
(v)
state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property
in the proposed zoning map or map amendment;
(vi)
state the address where the property owner should file the protest;
(vii)
notify the property owner that each written objection filed with the county will
be provided to the county legislative body; and
(viii)
state the location, date, and time of the public hearing described in Section
17-79-502
.
(c)
If a county mails notice to a property owner under Subsection
(2)(b)(i)
for a public
hearing on a zoning map or map amendment, the notice required in this Subsection
(5)
may be included in or part of the notice described in Subsection
(2)(b)(i)
rather
than sent separately.
(6)
(a)
A
For purposes of the notice requirements in Subsection
(2)(b)
only, a
proposed
land use ordinance is ministerial in nature if the proposed land use ordinance change
is to:
(i)
bring the county's land use ordinances into compliance with a state or federal law;
(ii)
adopt a county land use update that affects:
(A)
an entire zoning district; or
(B)
multiple zoning districts;
(iii)
adopt a non-substantive, clerical text amendment to an existing land use
ordinance;
(iv)
recodify the county's existing land use ordinances; or
(v)
designate or define an affected area for purposes of a boundary adjustment or
annexation.
(b)
A proposed land use ordinance may include more than one of the purposes described
in Subsection
(6)(a)
and remain ministerial in nature.
(c)
If a proposed land use ordinance includes an adoption or modification not described
in Subsection
(6)(a)
:
(i)
the proposed land use ordinance is not ministerial in nature, even if the proposed
land use ordinance also includes a change or modification described in Subsection
(6)(a)
; and
(ii)
the notice requirements of Subsection
(2)(b)(i)
apply.
Section 11. Section
17-79-301
is amended to read:
17-79-301
Effective
05/06/26
. Ordinance establishing planning commission
required -- Exception -- Ordinance requirements -- Planning advisory area planning
commission -- Compensation.
(1)
(a)
Except as provided in Subsection
(1)(b)
, each county shall enact an ordinance
establishing a countywide planning commission for the unincorporated areas of the
county not within a planning advisory area.
(b)
Subsection
(1)(a)
does not apply if all of the county is included within any
combination of:
(i)
municipalities;
(ii)
planning advisory areas each with a separate planning commission; and
(iii)
mountainous planning districts.
(c)
(i)
Notwithstanding Subsection
(1)(a)
, a county that designates a mountainous
planning district shall enact an ordinance, subject to Subsection
(1)(c)(ii)
,
establishing a planning commission that has jurisdiction over the entire
mountainous planning district.
(ii)
A planning commission described in Subsection
(1)(c)(i)
has jurisdiction subject
to a local health department exercising the local health department's authority in
accordance with
Title 26A, Chapter 1, Local Health Departments
, and a
municipality exercising the municipality's authority in accordance with Section
10-8-15
.
(iii)
The ordinance shall require that members of the planning commission be
appointed by the county executive with the advice and consent of the county
legislative body.
(2)
(a)
Notwithstanding Subsection
(1)(b)
, the county legislative body of a county of the
first or second class that includes more than one planning advisory area each with a
separate planning commission may enact an ordinance that:
(i)
dissolves each planning commission within the county; and
(ii)
establishes a countywide planning commission that has jurisdiction over:
(A)
each planning advisory area within the county; and
(B)
the unincorporated areas of the county not within a planning advisory area.
(b)
A countywide planning commission established under Subsection
(2)(a)
shall assume
the duties of each dissolved planning commission.
(3)
(a)
The ordinance described in Subsection
(1)(a)
, (1)(c), or
(2)(a)
shall
define
:
(i)
include
the number and terms of the
planning commission
members and, if the
county chooses, alternate members;
(ii)
the mode of appointment
provide procedures for appointing a planning
commission member
;
(iii)
the
provide
procedures for filling vacancies
on the planning commission;
(iv)
and removal from office
provide procedures for removing a planning
commission member from the planning commission
;
(v)
except as provided in Subsection
(
3
)
(
a
)
(
v
i
)
, describe the causes for which a
planning commission member may be removed from the planning commission,
which shall include:
(A)
using public funds for a political purpose under Title 20A, Chapter 11, Part
12, Political Activities of Public Entities Act;
(B)
violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and
Employees' Ethics Act; and
(C)
acting with the intent to influence a land use decision or an appeal of a
pending land use application in a manner that creates actual impermissible bias
or an unacceptable risk of impermissible bias in the planning commission
member's administrative or quasi-judicial duties;
(vi)
provide that a planning commission member deliberating about a specific
pending land use application in a planning commission meeting with municipal
staff, an elected official, or the land use applicant is not cause for removing a
planning commission member from the planning commission;
(vii)
provide requirements for when a planning commission member shall recuse
oneself from deliberating or voting on certain land use applications;
(iv)
(viii)
define
the authority of the planning commission;
(v)
(ix)
subject to Subsection
(3)(b)
,
the
include
rules of order and procedure for
use by the planning commission in a public meeting; and
(vi)
(x)
include
other details relating to the organization and procedures of the
planning commission.
(b)
Subsection
(3)(a)(v)
(3)(a)(ix)
does not affect the planning commission's duty to
comply with
Title 52, Chapter 4, Open and Public Meetings Act
.
(4)
(a)
(i)
If the county establishes a planning advisory area planning commission, the
county legislative body shall enact an ordinance that defines:
(A)
appointment procedures;
(B)
procedures for filling vacancies and removing members from office;
(C)
subject to Subsection
(4)(a)(ii)
, the rules of order and procedure for use by the
planning advisory area planning commission in a public meeting; and
(D)
details relating to the organization and procedures of each planning advisory
area planning commission.
(ii)
Subsection
(4)(a)(i)(C)
does not affect the planning advisory area planning
commission's duty to comply with
Title 52, Chapter 4, Open and Public Meetings
Act
.
(b)
The planning commission for each planning advisory area shall consist of seven
members who shall be appointed by:
(i)
in a county operating under a form of government in which the executive and
legislative functions of the governing body are separated, the county executive
with the advice and consent of the county legislative body; or
(ii)
in a county operating under a form of government in which the executive and
legislative functions of the governing body are not separated, the county
legislative body.
(c)
(i)
Members shall serve four-year terms and until their successors are appointed
and qualified.
(ii)
Notwithstanding the provisions of Subsection
(4)(c)(i)
, members of the first
planning commissions shall be appointed so that, for each commission, the terms
of at least one member and no more than two members expire each year.
(d)
(i)
Each member of a planning advisory area planning commission shall be a
registered voter residing within the planning advisory area.
(ii)
Subsection
(4)(d)(i)
does not apply to a member described in Subsection
(5)(a)
if
that member was, before May 12, 2015, authorized to reside outside of the
planning advisory area.
(5)
(a)
A member of a planning commission who was elected to and served on a planning
commission on May 12, 2015, shall serve out the term to which the member was
elected.
(b)
Upon the expiration of an elected term described in Subsection
(5)(a)
, the vacant seat
shall be filled by appointment in accordance with this section.
(6)
Upon the appointment of all members of a planning advisory area planning commission,
each planning advisory area planning commission under this section shall begin to
exercise the powers and perform the duties provided in Section
17-79-302
with respect
to all matters then pending that previously had been under the jurisdiction of the
countywide planning commission or planning advisory area planning and zoning board.
(7)
The legislative body may authorize a member of a planning commission to receive per
diem and travel expenses for meetings actually attended, in accordance with Section
11-55-103
.
Section 12. Section
17-79-302
is amended to read:
17-79-302
Effective
05/06/26
. Planning commission powers and duties --
Training requirements.
(1)
Each countywide, planning advisory area, or mountainous planning district planning
commission shall, with respect to the unincorporated area of the county, the planning
advisory area, or the mountainous planning district, review and make a recommendation
to the county legislative body for:
(a)
a general plan and amendments to the general plan;
(b)
land use regulations, including:
(i)
ordinances regarding the subdivision of land within the county; and
(ii)
amendments to existing land use regulations;
(c)
an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(d)
an appropriate delegation of power to at least one appeal authority to hear and act on
an appeal from a decision of the land use authority; and
(e)
application processes that:
(i)
may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the
application is uncontested; and
(ii)
shall protect the right of each:
(A)
land use applicant and adversely affected party to require formal consideration
of any application by a land use authority;
and
(B)
land use applicant or adversely affected party to appeal a land use authority's
decision to a separate appeal authority
; and
.
(C)
participant to be heard in each public hearing on a contested application.
(2)
Before making a recommendation to a legislative body on an item described in
Subsection
(1)(a)
or
(b)
, the planning commission shall hold a public hearing in
accordance with Section
17-79-404
.
(3)
A legislative body may adopt, modify, or reject a planning commission's
recommendation to the legislative body under this section.
(4)
A legislative body may consider a planning commission's failure to make a timely
recommendation as a negative recommendation.
(5)
Nothing in this section limits the right of a county to initiate or propose the actions
described in this section.
(6)
(a)
(i)
This Subsection
(6)
applies to a county that:
(A)
is a county of the first, second, or third class; and
(B)
has a population in the county's unincorporated areas of 5,000 or more.
(ii)
The population for each county described in Subsection
(6)(a)(i)
shall be derived
from:
(A)
an estimate of the Utah Population Committee created in Section
63C-20-103
;
or
(B)
if the Utah Population Committee estimate is not available, the most recent
official census or census estimate of the United States
Bureau of the
Census

Bureau
.
(b)
A county described in Subsection
(6)(a)(i)
shall ensure that each member of the
county's planning commission completes four hours of annual land use training as
follows:
(i)
one hour of annual training on general powers and duties
, including the role of the
planning commission in administrative, legislative, and quasi-judicial functions

under
Title 17, Chapter 27a, County Land Use, Development, and Management
Act
this chapter
; and
(ii)
three hours of annual training on
a combination of
land use
and ethics
, which may
include:
(A)
appeals and variances;
(B)
conditional use permits;
(C)
exactions;
(D)
impact fees;
(E)
vested rights;
(F)
subdivision regulations and improvement guarantees;
(G)
land use referenda;
(H)
property rights;
(I)
real estate procedures and financing;
(J)
zoning, including use-based and form-based;
and
(K)
drafting ordinances and code that complies with statute
.
;
(L)
ex parte communication; and
(M)
conflicts of interest.
(c)
A newly appointed planning commission member may not participate in a public
meeting as an appointed member until the member completes the training described
in Subsection
(6)(b)(i)
.
(d)
A planning commission member may qualify for one completed hour of training
required under Subsection
(6)(b)(ii)
if the member attends, as an appointed member,
12 public meetings of the planning commission within a calendar year.
(e)
A county shall provide the training described in Subsection
(6)(b)
through:
(i)
county staff;
(ii)
the Utah Association of Counties; or
(iii)
a list of training courses selected by:
(A)
the Utah Association of Counties; or
(B)
the Division of Real Estate created in Section
61-2-201
.
(f)
A county shall, for each planning commission member:
(i)
monitor compliance with the training requirements in Subsection
(6)(b)
; and
(ii)
maintain a record of training completion at the end of each calendar year.
Section 13. Section
17-79-507
is amended to read:
17-79-507
Effective
05/06/26
. Classification of new and unlisted business uses.
(1)
As used in this section:
(a)
"Classification request" means a request to determine whether a proposed business
use aligns with an existing land use specified in a county's land use ordinances.
(b)
"New or unlisted business use" means a business activity that does not align with an
existing land use specified in a county's land use ordinances.
(2)
(a)
Each county shall incorporate into the county's land use ordinances a process for
reviewing and approving a new or unlisted business use and designating an
appropriate zone or zones for an approved use.
(b)
The process described in Subsection
(2)(a)
shall:
(i)
detail how an applicant may submit a classification request;
(ii)
establish a procedure for the county to review a classification request, including:
(A)
providing a land use authority with criteria to determine whether a proposed
use aligns with an existing use;
and
(B)
allowing an applicant to proceed under the regulations of an existing use if a
land use authority determines a proposed use aligns with that existing use;
and
(C)
providing the applicant an opportunity to appeal a land use authority's decision
to the land use appeal authority;
(iii)
provide that if a use is determined to be a new or unlisted business use:
(A)
the applicant shall submit
to the legislative body for review
an application
for
approval of the new or unlisted business use to the legislative body for review
requesting that the legislative body adopt a land use ordinance that permits the
new or unlisted business as a permitted or conditional use
;
(B)
notwithstanding Subsection
17-79-503(2)
or
(3)
,
the legislative body shall
consider and
determine whether to
approve or deny
the new or unlisted
business use
the application described in Subsection
(2)(b)(iii)(A)
; and
(C)
the legislative body shall approve or deny
the new or unlisted business use
the application described in Subsection
(2)(b)(iii)(A)
, within a time frame the
legislative body establishes by ordinance, if the applicant responds to requests
for additional information within a time frame established by the county and
appears at required hearings;
(iv)
provide that if the legislative body approves
a proposed new or unlisted business
use
the application described in Subsection
(2)(b)(iii)(A)
, the legislative body
shall designate an appropriate zone or zones for the approved use; and
(v)
provide that if the legislative body denies
a proposed new or unlisted business use
the application described in Subsection
(2)(b)(iii)(A)
, or if an applicant disagrees
with a land use authority's classification of the proposed use, the legislative body
shall:
(A)
notify the applicant in writing of each reason for the classification or denial;
and
(B)
offer the applicant an opportunity to challenge the classification or denial
through an administrative appeal process established by the county
notify the
applicant of the process for appealing the legislative body's decision in
accordance with Section
17-79-1009
.
(c)
A county may not require an applicant who submits an application described in
Subsection
(2)(b)(iii)(A)
to submit the application to the planning commission for
consideration, review, or approval.
(3)
Each county shall amend each land use ordinance that contains a list of approved or
prohibited business uses to include a reference to the process for petitioning to approve a
new or unlisted business use, as described in Subsection
(2)
.
Section 14. Section
17-79-707
is amended to read:
17-79-707
Effective
05/06/26
. Subdivision plat recording or development
activity before required infrastructure is completed -- Improvement completion
assurance -- Improvement warranty.
(1)
As used in this section:
(a)
"Private landscaping plan" means a proposal:
(i)
to install landscaping on a lot owned by a private individual or entity; and
(ii)
submitted to a county by the private individual or entity, or on behalf of a private
individual or entity, that owns the lot.
(b)
"Public landscaping improvement" means landscaping that an applicant is required to
install to comply with published installation and inspection specifications for public
improvements that:
(i)
will be dedicated to and maintained by the county; or
(ii)
are associated with and proximate to trail improvements that connect to planned
or existing public infrastructure.
(2)
A land use authority shall establish objective inspection standards for acceptance of a
required public landscaping improvement or infrastructure improvement.
(3)
(a)
Except as provided in Subsection
(3)(d)
or
(3)(e)
, before an applicant conducts
any development activity or records a plat, the applicant shall:
(i)
complete any required public landscaping improvements or infrastructure
improvements; or
(ii)
post an improvement completion assurance for any required public landscaping
improvements or infrastructure improvements.
(b)
If an applicant elects to post an improvement completion assurance, the applicant
shall
,
in accordance with Subsection
(5)
,
provide completion assurance for:
(i)
completion of 100% of the required public landscaping improvements or
infrastructure improvements; or
(ii)
if the county has inspected and accepted a portion of the public landscaping
improvements or infrastructure improvements, 100% of the incomplete or
unaccepted public landscaping improvements or infrastructure improvements.
(c)
A county shall:
(i)
establish a minimum of two acceptable forms of completion assurance;
(ii)
(A)
if an applicant elects to post an improvement completion assurance, allow
the applicant to post an assurance that meets the conditions of this chapter and
any local ordinances; and
(B)
beginning on May 7, 2025,
if a county accepts cash deposits as a form of
completion assurance and an applicant elects to post a
new
cash deposit as a
form of completion assurance, place the cash deposit in an interest-bearing
account upon receipt and return any earned interest to the applicant with the
return of the completion assurance according to the conditions of this chapter
and any local ordinances;
(iii)
establish a system for the partial release of an improvement completion
assurance as portions of required public landscaping improvements or
infrastructure improvements are completed and accepted in accordance with local
ordinance; and
(iv)
issue or deny a building permit in accordance with Section
17-79-901
based on
the installation of public landscaping improvements or infrastructure
improvements.
(d)
A county may not require an applicant to post an improvement completion assurance
for:
(i)
public landscaping improvements or infrastructure improvements that the county
has previously inspected and accepted;
(ii)
infrastructure improvements that are private and not essential or required to meet
the building code, fire code, flood or storm water management provisions, street
and access requirements, or other essential necessary public safety improvements
adopted in a land use regulation;
(iii)
in a county where ordinances require all infrastructure improvements within the
area to be private, infrastructure improvements within a development that the
county requires to be private;
(iv)
landscaping improvements that are not public landscaping improvements, unless
the landscaping improvements and completion assurance are required under the
terms of a development agreement;
(v)
a private landscaping plan;
(vi)
landscaping improvements or infrastructure improvements that an applicant
elects to install at the applicant's own risk:
(A)
before the plat is recorded;
(B)
pursuant to
inspections required by the county for the infrastructure
improvement; and
(C)
pursuant to
final civil engineering plan approval by the county; or
(vii)
any individual public landscaping improvement or individual infrastructure
improvement when the individual public landscaping improvement or individual
infrastructure improvement is also included as part of a separate improvement
completion assurance.
(e)
(i)
A county may not:
(A)
prohibit an applicant from installing a public landscaping improvement or an
infrastructure improvement when the
municipality
county
has approved final
civil engineering plans for the development activity or plat for which the public
landscaping improvement or infrastructure improvement is required; or
(B)
require an applicant to sign an agreement, release, or other document
inconsistent with this chapter as a condition of posting an improvement
completion assurance, security for an improvement warranty, or receiving a
building permit.
(ii)
Notwithstanding Subsection
(3)(e)(i)(A)
, public infrastructure improvements and
infrastructure improvements that are installed by an applicant are subject to
inspection by the county in accordance with the county's adopted inspection
standards.
(f)
(i)
Each improvement completion assurance and improvement warranty posted by
an applicant with a county shall be independent of any other improvement
completion assurance or improvement warranty posted by the same applicant with
the county.
(ii)
Subject to Section
17-79-805
, if an applicant has posted a form of security with a
county for more than one infrastructure improvement or public landscaping
improvement, the county may not withhold acceptance of an applicant's required
subdivision improvements, public landscaping improvement, infrastructure
improvements, or the performance of warranty work for the same applicant's
failure to complete a separate subdivision improvement, public landscaping
improvement, infrastructure improvement, or warranty work under a separate
improvement completion assurance or improvement warranty.
(4)
(a)
Except as provided in Subsection
(4)(c)
, as a condition for increased density or
other entitlement benefit not currently available under the existing zone, a county
may require a completion assurance bond for landscaped amenities and common area
that are dedicated to and maintained by a homeowners association.
(b)
Any agreement regarding a completion assurance bond under Subsection
(4)(a)

between the applicant and the county shall be memorialized in a development
agreement.
(c)
A county may not require a completion assurance bond for or dictate who installs or
is responsible for the cost of the landscaping of residential lots or the equivalent open
space surrounding single-family attached homes, whether platted as lots or common
area.
(5)
The sum of the improvement completion assurance required under Subsections
(3)
and
(4)
may not exceed the sum of:
(a)
100% of the estimated cost of the public landscaping improvements or infrastructure
improvements, as evidenced by an engineer's estimate or licensed contractor's bid;
and
(b)
10% of the amount of the bond to cover administrative costs incurred by the county
to complete the improvements, if necessary.
(6)
(a)
Upon an applicant's written request that the land use authority accept or reject the
applicant's installation of required subdivision improvements or performance of
warranty work as set forth in Section
17-79-805
, and for the duration of each
improvement warranty period, the land use authority may require the applicant to:
(i)
execute an improvement warranty for the improvement warranty period; and
(ii)
post a cash deposit, surety bond, letter of credit, or other similar security, as
required by the county, in the amount of up to 10% of the lesser of the:
(A)
county engineer's original estimated cost of completion; or
(B)
applicant's reasonable proven cost of completion.
(b)
A county may not require the payment of the deposit of the improvement warranty
assurance described in Subsection
(6)(a)
for an infrastructure improvement or public
landscaping improvement before the applicant indicates through written request that
the applicant has completed the infrastructure improvement or public landscaping
improvement.
(7)
When a county accepts an improvement completion assurance for public landscaping
improvements or infrastructure improvements for a development in accordance with
Subsection
(3)(c)(ii)(A)
, the county may not deny an applicant a building permit if the
development meets the requirements for the issuance of a building permit under the
building code and fire code.
(8)
A county may not require the submission of a private landscaping plan as part of an
application for a building permit.
(9)
The provisions of this section do not supersede the terms of a valid development
agreement, an adopted phasing plan, or the
state construction code
State Construction
Code
.
Section 15. Section
17-79-901
is amended to read:
17-79-901
Effective
05/06/26
. Enforcement -- Limitations on a county's ability
to enforce an ordinance by withholding a permit or certificate.
(1)
(a)
A county or an adversely affected party may, in addition to other remedies
provided by law, institute:
(i)
injunctions, mandamus, abatement, or any other appropriate actions; or
(ii)
proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b)
A county need only establish the violation to obtain the injunction.
(2)
(a)
Except as provided in Subsections
(3)
through
(6)
, a county may enforce the
county's ordinance by withholding a building permit or certificate of occupancy.
(b)
It is unlawful to erect, construct, reconstruct, alter, or change the use of any building
or other structure within a county without approval of a building permit.
(c)
The county may not issue a building permit unless the plans of and for the proposed
erection, construction, reconstruction, alteration, or use fully conform to all
regulations then in effect.
(d)
A county may require an applicant to install a permanent road, cover a temporary
road with asphalt or concrete, or create another method for servicing a structure that
is consistent with Appendix D of the International Fire Code, before receiving a
certificate of occupancy for that structure.
(e)
A county may require an applicant to maintain and repair a temporary fire apparatus
road during the construction of a structure accessed by the temporary fire apparatus
road in accordance with the county's adopted standards.
(f)
A county may require temporary signs to be installed at each street intersection once
construction of new roadway allows passage by a motor vehicle.
(g)
A county may adopt and enforce any appendix of the International Fire Code, 2021
Edition.
(3)
(a)
A county may not deny an applicant a building permit or certificate of occupancy
because the applicant has not completed an infrastructure improvement:
(i)
unless the infrastructure improvement is essential to meet the requirements for the
issuance of a building permit or certificate of occupancy under Title
15A, State
Construction and Fire Codes Act
; and
(ii)
for which the county has accepted an improvement completion assurance for a
public landscaping improvement, as defined in Section
17-79-707
, or an
infrastructure improvement for the development.
(b)
For purposes of Subsection
(3)(a)(i)
, notwithstanding Section
15A-5-205.6
,
infrastructure improvement that is essential means:
(i)
for a building permit:
(A)
operable fire hydrants installed in a manner that is consistent with the county's
adopted engineering standards; and
(ii)
(B)
for temporary roads used during construction, a properly compacted road
base installed in a manner consistent with the county's adopted engineering
standards
.
;
(ii)
for a certificate of occupancy, at the discretion of the county, at least one of the
following:
(A)
a permanent road;
(B)
a temporary road covered with asphalt or concrete; or
(C)
another method for accessing a structure consistent with Appendix D of the
International Fire Code; and
(iii)
public infrastructure necessary for the health, life, and safety of the occupant.
(c)
A county may not adopt an engineering standard that requires an applicant to install a
permanent road or a temporary road with asphalt or concrete before receiving a
building permit.
(4)
A county may not deny an applicant a building permit or certificate of occupancy for
failure to:
(a)
submit a private landscaping plan, as defined in Section
17-79-707
; or
(b)
complete a landscaping improvement that is not a public landscaping improvement,
as defined in Section
17-79-707
.
(5)
A county may not withhold a building permit based on the lack of completion of a
portion of a public sidewalk to be constructed within a public right-of-way serving a lot
where a single-family or two-family residence or town home is proposed in a building
permit application if an improvement completion assurance has been posted for the
incomplete portion of the public sidewalk.
(6)
A county may not prohibit the construction of a single-family or two-family residence
or town home, withhold recording a plat, or withhold acceptance of a public landscaping
improvement, as defined in Section
17-79-707
, or an infrastructure improvement based
on the lack of installation of a public sidewalk if an improvement completion assurance
has been posted for the public sidewalk.
(7)
A county may not redeem an improvement completion assurance securing the
installation of a public sidewalk sooner than 18 months after the date the improvement
completion assurance is posted.
(8)
A county shall allow an applicant to post an improvement completion assurance for a
public sidewalk separate from an improvement completion assurance for:
(a)
another infrastructure improvement; or
(b)
a public landscaping improvement, as defined in Section
17-79-707
.
(9)
A county may withhold a certificate of occupancy for a single-family or two-family
residence or town home until the portion of the public sidewalk to be constructed within
a public right-of-way and located immediately adjacent to the single-family or
two-family residence or town home is completed and accepted by the county.
Section 16.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 10-21-304
Effective
10/01/26
take effect on
October 1,
2026
.
2-23-26 6:39 AM