Land Use Regulation Amendments

7
10-20-504
10-20-508
10-20-902
17-79-508
0
Land Use Regulation Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor:
LONG TITLE
General Description:
This bill modifies requirements related to development agreements.
Highlighted Provisions:
This bill:
prohibits a municipality from limiting or impairing rights under certain development
agreements approved by a county;
prohibits a municipality from refusing to provide certain municipal services to a property
that is the subject of a development agreement approved by a county;
provides that where there is a conflict between a provision of a development agreement
and a land use regulation, the provision of the development agreement governs; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-20-504
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
10-20-508
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
10-20-902
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
17-79-508
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-20-504
is amended to read:
10-20-504
. Temporary land use regulations.
(1)
(a)
Except as provided in Subsection
(2)(b)
, a municipal legislative body may,
without prior consideration of or recommendation from the planning commission,
enact
adopt
an ordinance establishing a temporary land use regulation for any part or
all of the area within the municipality if:
(i)
the legislative body makes a finding of compelling, countervailing public interest;
or
(ii)
the area is unregulated.
(b)
A temporary land use regulation under Subsection
(1)(a)
may
not:

(i)
prohibit or regulate the erection, construction, reconstruction, or alteration of any
building or structure or any subdivision approval
.
; or
(c)
A temporary land use regulation under Subsection
(1)(a)
may not
(ii)
impose an impact fee or other financial requirement on building or development.
(2)
(a)
The
A
municipal legislative body
that adopts an ordinance establishing a
temporary land use regulation
shall establish a period of limited effect for the
ordinance
that does
not
to
exceed 180 days.
(b)
A municipal legislative body may not apply the provisions of a temporary land use
regulation to the review of a specific land use application if the land use application
is impaired or prohibited by proceedings initiated under Subsection
10-20-902(1)(a)(ii)(B)
.
(3)
(a)
A municipal legislative body may, without prior planning commission
consideration or recommendation,
enact
adopt
an ordinance establishing a
temporary land use regulation prohibiting construction, subdivision approval, and
other development activities within an area that is the subject of an
Environmental
Impact Statement
environmental impact statement
or a
Major Investment Study
major investment study
examining the area as a proposed highway or transportation
corridor.
(b)
A regulation under Subsection
(3)(a)
:
(i)
may not exceed 180 days in duration;
(ii)
may be renewed, if requested by the Transportation Commission created under
Section
72-1-301
, for up to two additional 180-day periods by
an
ordinance
enacted
adopted
before the expiration of the previous regulation; and
(iii)
notwithstanding Subsections
(3)(b)(i)
and
(ii)
, is effective only as long as the
Environmental Impact Statement or Major Investment Study is in progress.
(4)
A municipal legislative body may not adopt an ordinance establishing a temporary land
use regulation that limits or impairs the rights of a property owner under a recorded
development agreement that a county approved before the municipality:
(a)
incorporated; or
(b)
annexed the real property that is the subject of the development agreement.
Section 2. Section
10-20-508
is amended to read:
10-20-508
. Development agreements.
(1)
Subject to Subsection
(2)
, a municipality may enter into a development agreement
containing any term that the municipality considers necessary or appropriate to
accomplish the purposes of this chapter, including a term relating to:
(a)
a master planned development;
(b)
a planned unit development;
(c)
an annexation;
(d)
affordable or moderate income housing with development incentives;
(e)
a public-private partnership; or
(f)
a density transfer or bonus within a development project or between development
projects.
(2)
(a)
A
Except as provided in Subsection
(2)(g)
or
(2)(h)
, a
development agreement
may not:
(i)
limit a municipality's authority in the future to:
(A)
enact a land use regulation; or
(B)
take any action allowed under Section
10-8-84
;
(ii)
require a municipality to change the zoning designation of an area of land within
the municipality in the future; or
(iii)
allow a use or development of land that applicable land use regulations
governing the area subject to the development agreement would otherwise
prohibit, unless the legislative body approves the development agreement in
accordance with the same procedures for enacting a land use regulation under
Section
10-20-502
, including a review and recommendation from the planning
commission and a public hearing.
(b)
A development agreement that requires the implementation of an existing land use
regulation as an administrative act does not require a legislative body's approval
under Section
10-20-502
.
(c)
Subject to Subsection
(2)(d)
, a municipality may require a development agreement
for developing land within the municipality if the applicant has applied for a
legislative or discretionary approval, including an approval relating to:
(i)
the height of a structure;
(ii)
a parking or setback exception;
(iii)
a density transfer or bonus;
(iv)
a development incentive;
(v)
a zone change; or
(vi)
an amendment to a prior development agreement.
(d)
A municipality may not require a development agreement as a condition for
developing land within the municipality if:
(i)
the development otherwise complies with applicable statute and municipal
ordinances;
(ii)
the development is an allowed or permitted use; or
(iii)
the municipality's land use regulations otherwise establish all applicable
standards for development on the land.
(e)
A municipality may submit to a county recorder's office for recording:
(i)
a fully executed
development
agreement; or
(ii)
a document related to:
(A)
code enforcement;
(B)
a special assessment area;
(C)
a local historic district boundary; or
(D)
the memorializing or enforcement of an agreed upon restriction, incentive, or
covenant.
(f)
Subject to Subsection
(2)(e)
Except for a development agreement approved in
accordance with this section or a document described in Subsection
(2)(e)(ii)
, a
municipality may not cause to be recorded against private real property a document
that imposes development requirements, development regulations, or development
controls on the property.
(g)
To the extent that a development agreement

:
(i)
does not specifically address a matter or concern related to land use or
development, the matter or concern is governed by:
(i)
(A)
this chapter; and
(ii)
(B)
any applicable land use regulations
.
; or
(ii)
conflicts with a land use regulation, the development agreement governs with
respect to the development and use of the real property that is the subject of the
development agreement.
(h)
For a real property in a municipality that is the subject of a recorded development
agreement that a county approved before the municipality incorporated or before the
municipality annexed the property, the municipality may not:
(i)
limit or impair the development or use of the property as specified in the
development agreement; or
(ii)
refuse to provide municipal services to the property:
(A)
that the municipality provides to other real property within the municipality's
boundaries; or
(B)
that the development agreement specifies that a county or municipality will
provide to the property.
Section 3. Section
10-20-902
is amended to read:
10-20-902
. Applicant's entitlement to land use application approval --
Municipality's requirements and limitations -- Vesting upon submission of development
plan and schedule.
(1)
(a)
(i)
An applicant who has submitted a complete land use application as
described in Subsection
(1)(c)
, including the payment of all application fees, is
entitled to substantive review of the application under the land use regulations:
(A)
in effect on the date that the application is complete; and
(B)
applicable to the application or to the information shown on the application.
(ii)
An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use
decisions, and development standards in effect when the applicant submits a
complete application and pays application fees, unless:
(A)
the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the
application and specifies the compelling, countervailing public interest in
writing; or
(B)
in the manner provided by local ordinance and before the applicant submits
the application, the municipality formally initiates proceedings to amend the
municipality's land use regulations in a manner that would prohibit approval of
the application as submitted.
(b)
The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in
Subsection
(1)(a)(ii)(B)
if:
(i)
180 days have passed since the municipality initiated the proceedings; and
(ii)
(A)
the proceedings have not resulted in an enactment that prohibits approval
of the application as submitted; or
(B)
during the 12 months before the municipality processing the application, or
multiple applications of the same type, are impaired or prohibited under the
terms of a temporary land use regulation adopted under Section
10-20-504
.
(c)
A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable
ordinances and pays all applicable fees.
(d)
A subsequent incorporation of a municipality or a petition that proposes the
incorporation of a municipality does not affect
:

(i)
a land use application approved by a county in accordance with Section
17-79-803
.
;
or
(ii)
a development agreement approved by a county in accordance with Section
17-79-508
.
(e)
Unless a phasing sequence is required in an executed development agreement, a
municipality shall, without regard to any other separate and distinct land use
application, accept and process a complete land use application.
(f)
The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable
diligence.
(g)
A municipality may not impose on an applicant who has submitted a complete
application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a municipal ordinance in effect on the date that the applicant submits a complete
application, subject to Subsection
10-20-902(1)(a)(ii)
; or
(iii)
a municipal specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(h)
A municipality may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision
plat;
(v)
in this chapter;
(vi)
in a municipal ordinance; or
(vii)
in a municipal specification for residential roadways in effect at the time a
residential subdivision was approved.
(i)
Except as provided in Subsection
(1)(j)
or
(k)
, a municipality may not withhold
issuance of a certificate of occupancy or acceptance of subdivision improvements
because of an applicant's failure to comply with a requirement that is not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the land
use permit or subdivision plat; or
(ii)
in this chapter or the municipality's ordinances.
(j)
A municipality may not unreasonably withhold issuance of a certificate of occupancy
where an applicant has met all requirements essential for the public health, public
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the municipality have agreed in a written document to the
withholding of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted
public landscaping improvements or infrastructure improvements in accordance
with an applicable local ordinance.
(k)
A municipality may not conduct a final inspection required before issuing a
certificate of occupancy for a residential unit that is within the boundary of an
infrastructure financing district, as defined in Section
17B-1-102
, until the applicant
for the certificate of occupancy provides adequate proof to the municipality that any
lien on the unit arising from the infrastructure financing district's assessment against
the unit under Title 11, Chapter 42, Assessment Area Act, has been released after
payment in full of the infrastructure financing district's assessment against that unit.
(l)
A municipality:
(i)
may require the submission of a private landscaping plan, as defined in Section
10-20-807
, before landscaping is installed; and
(ii)
may not withhold an applicant's building permit or certificate of occupancy
because the applicant has not submitted a private landscaping plan.
(2)
A municipality is bound by the terms and standards of applicable land use regulations
and shall comply with mandatory provisions of those regulations.
(3)
A municipality may not, as a condition of land use application approval, require a
person filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use
application.
(4)
Upon a specified public agency's submission of a development plan and schedule as
required in Subsection
10-20-304(8)
that complies with the requirements of that
subsection, the specified public agency vests in the municipality's applicable land use
maps, zoning map, hookup fees, impact fees, other applicable development fees, and
land use regulations in effect on the date of submission.
(5)
(a)
If sponsors of a referendum timely challenge a project in accordance with
Subsection
20A-7-601(6)
, the project's affected owner may rescind the project's land
use approval by delivering a written notice:
(i)
to the local clerk as defined in Section
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is
determined sufficient under Subsection
20A-7-607(5)
.
(b)
Upon delivery of a written notice described in Subsection
(5)(a)
the following are
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a municipality may not:
(i)
change or add to the requirements expressed in the building permit, unless the
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the
building permit.
(b)
Subsection
(6)(a)
does not prevent a municipality from issuing a building permit that
contains an expiration date defined in the building permit.
Section 4. Section
17-79-508
is amended to read:
17-79-508
. Development agreements.
(1)
Subject to Subsection
(2)
, a county may enter into a development agreement containing
any term that the county considers necessary or appropriate to accomplish the purposes
of this chapter, including a term relating to:
(a)
a master planned development;
(b)
a planned unit development;
(c)
an annexation;
(d)
affordable or moderate income housing with development incentives;
(e)
a public-private partnership; or
(f)
a density transfer or bonus within a development project or between development
projects.
(2)
(a)
A
Except as provided in Subsection
(2)(g)
, a
development agreement may not:
(i)
limit a county's authority in the future to:
(A)
enact a land use regulation; or
(B)
take any action allowed under Section
17-64-501
;
(ii)
require a county to change the zoning designation of an area of land within the
county in the future; or
(iii)
allow a use or development of land that applicable land use regulations
governing the area subject to the development agreement would otherwise
prohibit, unless the legislative body approves the development agreement in
accordance with the same procedures for enacting a land use regulation under
Section
17-79-502
, including a review and recommendation from the planning
commission and a public hearing.
(b)
A development agreement that requires the implementation of an existing land use
regulation as an administrative act does not require a legislative body's approval
under Section
17-79-502
.
(c)
Subject to Subsection
(2)(d)
, a county may require a development agreement for
developing land within the unincorporated area of the county if the applicant has
applied for a legislative or discretionary approval, including an approval relating to:
(i)
the height of a structure;
(ii)
a parking or setback exception;
(iii)
a density transfer or bonus;
(iv)
a development incentive;
(v)
a zone change; or
(vi)
an amendment to a prior development agreement.
(d)
A county may not require a development agreement as a condition for developing
land within the unincorporated area of the county if:
(i)
the development otherwise complies with applicable statute and county ordinances;
(ii)
the development is an allowed or permitted use; or
(iii)
the county's land use regulations otherwise establish all applicable standards for
development on the land.
(e)
A county may submit to a county recorder's office for recording:
(i)
a fully executed agreement; or
(ii)
a document related to:
(A)
code enforcement;
(B)
a special assessment area;
(C)
a local historic district boundary; or
(D)
the memorializing or enforcement of an agreed upon restriction, incentive, or
covenant.
(f)
Subject to Subsection
(2)(e)
,
Except for a development agreement approved in
accordance with this section or a document described in Subsection
(2)(e)(ii)
,
a
county may not cause to be recorded against private real property a document that
imposes development requirements, development regulations, or development
controls on the property.
(g)
To the extent that a development agreement

:
(i)
does not specifically address a matter or concern related to land use or
development, the matter or concern is governed by:
(i)
(A)
this chapter; and
(ii)
(B)
any applicable land use regulations
.
; or
(ii)
conflicts with a land use regulation, the development agreement governs with
respect to the development and use of the real property that is the subject of the
development agreement.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-2-26 4:12 PM