Utah Code § 63N-23-104 — Utah Code / Title 63N / Chapter 63N-23 / § 63N-23-104
§ 63N-23-104. Station area plan requirements -- Contents -- Review and certification by applicable metropolitan planning organization.
Status: in_force

7/1/2026 (1) (a) Subject to the requirements of this section, a municipality that has a fixed guideway public transit station located within the municipality's boundaries shall, for the station area: (i) develop and adopt a station area plan; and (ii) adopt any appropriate land use regulations to implement the station area plan. (b) The requirements of Subsection (1)(a) shall be considered satisfied if: (i) (A) the municipality has already adopted plans or ordinances, approved land use applications, approved agreements or financing, or investments have been made, before June 1, 2022, that substantially promote each of the objectives in Subsection (6)(a) within the station area, and can demonstrate that such plans, ordinances, approved land use applications, approved agreements or financing, or investments are still relevant to making meaningful progress towards achieving such objectives; and (B) the municipality adopts a resolution finding that the objectives of Subsection (6)(a) have been substantially promoted; or (ii) (A) the municipality has determined that conditions exist that make satisfying a portion or all of the requirements of Subsection (1)(a) for a station area impracticable, including conditions that relate to existing development, entitlements, land ownership, land uses that make opportunities for new development and long-term redevelopment infeasible, environmental limitations, market readiness, development impediment conditions, or other similar conditions; and (B) the municipality adopts a resolution describing the conditions that exist to make satisfying the requirements of Subsection (1)(a) impracticable. (c) To the extent that previous actions by a municipality do not satisfy the requirements of Subsection (1)(a) for a station area, the municipality shall take the actions necessary to satisfy those requirements. (2) (a) A municipality that has a new fixed guideway public transit station located within the municipality's boundaries shall satisfy the requirements of Subsection (1)(a) for the station area surrounding the new fixed guideway public transit station before the new fixed guideway public transit station begins transit services. (b) Except as provided in Subsections (2)(c) and (d), a municipality that has an existing fixed guideway public transit station located within the municipality's boundaries shall satisfy the requirements of Subsection (1)(a) for the station area surrounding the existing fixed guideway public transit station on or before December 31, 2025. (c) If a municipality has more than four existing fixed guideway public transit stations located within the municipality's boundaries, the municipality shall: (i) on or before December 31, 2025, satisfy the requirements of Subsection (1)(a) for four or more station areas located within the municipality; and (ii) on or before December 31 of each year thereafter, satisfy the requirements of Subsection (1)(a) for no less than two station areas located within the municipality until the municipality has satisfied the requirements of Subsection (1)(a) for each station area located within the municipality. (d) (i) Subject to Subsection (2)(d)(ii): (A) if a municipality receives a complete qualifying land use petition on or before July 1, 2022, the municipality shall satisfy the requirements of Subsection (1)(a) for the station area in which the development is proposed on or before July 1, 2023; and (B) if a municipality receives a complete qualifying land use petition after July 1, 2022, the municipality shall satisfy the requirements of Subsection (1)(a) for the station area in which the development is proposed within a 12-month period beginning on the first day of the month immediately following the month in which the qualifying land use petition is submitted to the municipality, and shall notify the applicable metropolitan planning organization of the receipt of the qualified land use petition within 45 days of the date of receipt. (ii) (A) A municipality is not required to satisfy the requirements of Subsection (1)(a) for more than two station areas under Subsection (2)(d)(i) within any 12-month period. (B) If a municipality receives more than two complete qualifying land use petitions on or before July 1, 2022, the municipality shall select two station areas for which the municipality will satisfy the requirements of Subsection (1)(a) in accordance with Subsection (2)(d)(i)(A). (iii) A municipality shall process on a first priority basis a land use application, including an application for a building permit, if: (A) the land use application is for a residential use within a station area for which the municipality has not satisfied the requirements of Subsection (1)(a); and (B) the municipality would be required to change a zoning designation for the land use application to be approved. (e) Notwithstanding Subsections (2)(a) through (d), the time period for satisfying the requirements of Subsection (1)(a) for a station area may be extended once for a period of 12 months if: (i) the municipality demonstrates to the applicable metropolitan planning organization that conditions exist that make satisfying the requirements of Subsection (1)(a) within the required time period infeasible, despite the municipality's good faith efforts; and (ii) the applicable metropolitan planning organization certifies to the municipality in writing that the municipality satisfied the demonstration in Subsection (2)(e)(i). (3) (a) Except as provided in Subsection (3)(b), if a station area is included within the boundaries of more than one municipality, each municipality with jurisdiction over the station area shall satisfy the requirements of Subsection (1)(a) for the portion of the station area over which the municipality has jurisdiction. (b) Two or more municipalities with jurisdiction over a station area may coordinate to develop a shared station area plan for the entire station area. (4) A municipality that has more than one fixed guideway public transit station located within the municipality may, through an integrated process, develop station area plans for multiple station areas if the station areas are within close proximity of each other. (5) (a) A municipality that is required to develop and adopt a station area plan under this section may request technical assistance from the applicable metropolitan planning organization. (b) An applicable metropolitan planning organization that receives funds from the Governor's Office of Economic Development under Section 63N-3-113 shall, when utilizing the funds, give priority consideration to requests for technical assistance for station area plans required under Subsection (2)(d). (6) (a) A station area plan shall promote the following objectives within the station area: (i) increasing the availability and affordability of housing, including moderate income housing; (ii) promoting sustainable environmental conditions; (iii) enhancing access to opportunities; and (iv) increasing transportation choices and connections. (b) (i) To promote the objective described in Subsection (6)(a)(i), a municipality may consider implementing the following actions: (A) aligning the station area plan with the moderate income housing element of the municipality's general plan; (B) providing for densities necessary to facilitate the development of moderate income housing; (C) providing for affordable costs of living in connection with housing, transportation, and parking; or (D) any other similar action that promotes the objective described in Subsection (6)(a)(i). (ii) To promote the objective described in Subsection (6)(a)(ii), a municipality may consider implementing the following actions: (A) conserving water resources through efficient land use; (B) improving air quality by reducing fuel consumption and motor vehicle trips; (C) establishing parks, open spaces, and recreational opportunities; or (D) any other similar action that promotes the objective described in Subsection (6)(a)(ii). (iii) To promote the objective described in Subsection (6)(a)(iii), a municipality may consider the following actions: (A) maintaining and improving the connections between housing, transit, employment, education, recreation, and commerce; (B) encouraging mixed-use development; (C) enabling employment and educational opportunities within the station area; (D) encouraging and promoting enhanced broadband connectivity; or (E) any other similar action that promotes the objective described in Subsection (6)(a)(iii). (iv) To promote the objective described in Subsection (6)(a)(iv), a municipality may consider the following: (A) supporting investment in infrastructure for all modes of transportation; (B) increasing utilization of public transit; (C) encouraging safe streets through the designation of pedestrian walkways and bicycle lanes; (D) encouraging manageable and reliable traffic conditions; (E) aligning the station area plan with the regional transportation plan of the applicable metropolitan planning organization; or (F) any other similar action that promotes the objective described in Subsection (6)(a)(iv). (7) A station area plan shall include the following components: (a) a station area vision that: (i) is consistent with Subsection (6); and (ii) describes the following: (A) opportunities for the development of land within the station area under existing conditions; (B) constraints on the development of land within the station area under existing conditions; (C) the municipality's objectives for the transportation system within the station area and the future transportation system that meets those objectives; (D) the municipality's objectives for land uses within the station area and the future land uses that meet those objectives; (E) the municipality's objectives for public and open spaces within the station area and the future public and open spaces that meet those objectives; and (F) the municipality's objectives for the development of land within the station area and the future development standards that meet those objectives; (b) a map that depicts: (i) the station area; (ii) the area within the station area to which the station area plan applies, provided that the station area plan may apply to areas outside the station area, and the station area plan is not required to apply to the entire station area; and (iii) the area where each action is needed to implement the station area plan; (c) an implementation plan that identifies and describes each action needed within the next five years to implement the station area plan, and the party responsible for taking each action, including any actions to: (i) modify land use regulations; (ii) make infrastructure improvements; (iii) modify deeds or other relevant legal documents; (iv) secure funding or develop funding strategies; (v) establish design standards for development within the station area; or (vi) provide environmental remediation; (d) a statement that explains how the station area plan promotes the objectives described in Subsection (6)(a); and (e) as an alternative or supplement to the requirements of Subsection (6) or this Subsection (7), and for purposes of Subsection (1)(b)(ii), a statement that describes any conditions that would make the following impracticable: (i) promoting the objectives described in Subsection (6)(a); or (ii) satisfying the requirements of this Subsection (7). (8) A municipality shall develop a station area plan with the involvement of all relevant stakeholders that have an interest in the station area through public outreach and community engagement, including: (a) other impacted communities; (b) the applicable public transit district; (c) the applicable metropolitan planning organization; (d) the Department of Transportation; (e) owners of property within the station area; and (f) the municipality's residents and business owners. (9) (a) A municipality that is required to develop and adopt a station area plan for a station area under this section shall submit to the applicable metropolitan planning organization and the applicable public transit district documentation evidencing that the municipality has satisfied the requirement of Subsection (1)(a)(i) for the station area, including: (i) a station area plan; or (ii) a resolution adopted under Subsection (1)(b)(i) or (ii). (b) The applicable metropolitan planning organization, in consultation with the applicable public transit district, shall: (i) review the documentation submitted under Subsection (9)(a) to determine the municipality's compliance with this section; and (ii) provide written certification to the municipality if the applicable metropolitan planning organization determines that the municipality has satisfied the requirement of Subsection (1)(a)(i) for the station area. (c) The municipality shall include the certification described in Subsection (9)(b)(ii) in the municipality's report to the Division of Housing and Community Development within the Governor's Office of Economic Development under Section 10-21-202. (10) (a) Following certification by a metropolitan planning organization of a municipality's station area plan under Subsection (9)(b)(ii), the municipality shall provide a report to the applicable metropolitan planning organization on or before December 31 of the fifth year after the year in which the station area plan was certified, and every five years thereafter for a period not to exceed 15 years. (b) The report described in Subsection (10)(a) shall: (i) contain the status of advancing the station area plan objectives, including, if applicable, actions described in the implementation plan required in Subsection (7)(c); and (ii) identify potential actions over the next five years that would advance the station area plan objectives. (c) If a municipality has multiple certified station area plans, the municipality may consolidate the reports required in Subsection (10)(a) for the purpose of submitting reports to the metropolitan planning organization.7/1/2026 (1) (a) Subject to the requirements of this section, a municipality that has a fixed guideway public transit station located within the municipality's boundaries shall, for the station area: (i) develop and adopt a station area plan; and (ii) adopt any appropriate land use regulations to implement the station area plan. (b) The requirements of Subsection (1)(a) shall be considered satisfied if: (i) (A) the municipality has already adopted plans or ordinances, approved land use applications, approved agreements or financing, or investments have been made, before June 1, 2022, that substantially promote each of the objectives in Subsection (6)(a) within the station area, and can demonstrate that such plans, ordinances, approved land use applications, approved agreements or financing, or investments are still relevant to making meaningful progress towards achieving such objectives; and (B) the municipality adopts a resolution finding that the objectives of Subsection (6)(a) have been substantially promoted; or (ii) (A) the municipality has determined that conditions exist that make satisfying a portion or all of the requirements of Subsection (1)(a) for a station area impracticable, including conditions that relate to existing development, entitlements, land ownership, land uses that make opportunities for new development and long-term redevelopment infeasible, environmental limitations, market readiness, development impediment conditions, or other similar conditions; and (B) the municipality adopts a resolution describing the conditions that exist to make satisfying the requirements of Subsection (1)(a) impracticable. (c) To the extent that previous actions by a municipality do not satisfy the requirements of Subsection (1)(a) for a station area, the municipality shall take the actions necessary to satisfy those requirements. (2) (a) A municipality that has a new fixed guideway public transit station located within the municipality's boundaries shall satisfy the requirements of Subsection (1)(a) for the station area surrounding the new fixed guideway public transit station before the new fixed guideway public transit station begins transit services. (b) Except as provided in Subsections (2)(c) and (d), a municipality that has an existing fixed guideway public transit station located within the municipality's boundaries shall satisfy the requirements of Subsection (1)(a) for the station area surrounding the existing fixed guideway public transit station on or before December 31, 2025. (c) If a municipality has more than four existing fixed guideway public transit stations located within the municipality's boundaries, the municipality shall: (i) on or before December 31, 2025, satisfy the requirements of Subsection (1)(a) for four or more station areas located within the municipality; and (ii) on or before December 31 of each year thereafter, satisfy the requirements of Subsection (1)(a) for no less than two station areas located within the municipality until the municipality has satisfied the requirements of Subsection (1)(a) for each station area located within the municipality. (d) (i) Subject to Subsection (2)(d)(ii): (A) if a municipality receives a complete qualifying land use petition on or before July 1, 2022, the municipality shall satisfy the requirements of Subsection (1)(a) for the station area in which the development is proposed on or before July 1, 2023; and (B) if a municipality receives a complete qualifying land use petition after July 1, 2022, the municipality shall satisfy the requirements of Subsection (1)(a) for the station area in which the development is proposed within a 12-month period beginning on the first day of the month immediately following the month in which the qualifying land use petition is submitted to the municipality, and shall notify the applicable metropolitan planning organization of the receipt of the qualified land use petition within 45 days of the date of receipt. (ii) (A) A municipality is not required to satisfy the requirements of Subsection (1)(a) for more than two station areas under Subsection (2)(d)(i) within any 12-month period. (B) If a municipality receives more than two complete qualifying land use petitions on or before July 1, 2022, the municipality shall select two station areas for which the municipality will satisfy the requirements of Subsection (1)(a) in accordance with Subsection (2)(d)(i)(A). (iii) A municipality shall process on a first priority basis a land use application, including an application for a building permit, if: (A) the land use application is for a residential use within a station area for which the municipality has not satisfied the requirements of Subsection (1)(a); and (B) the municipality would be required to change a zoning designation for the land use application to be approved. (e) Notwithstanding Subsections (2)(a) through (d), the time period for satisfying the requirements of Subsection (1)(a) for a station area may be extended once for a period of 12 months if: (i) the municipality demonstrates to the applicable metropolitan planning organization that conditions exist that make satisfying the requirements of Subsection (1)(a) within the required time period infeasible, despite the municipality's good faith efforts; and (ii) the applicable metropolitan planning organization certifies to the municipality in writing that the municipality satisfied the demonstration in Subsection (2)(e)(i). (3) (a) Except as provided in Subsection (3)(b), if a station area is included within the boundaries of more than one municipality, each municipality with jurisdiction over the station area shall satisfy the requirements of Subsection (1)(a) for the portion of the station area over which the municipality has jurisdiction. (b) Two or more municipalities with jurisdiction over a station area may coordinate to develop a shared station area plan for the entire station area. (4) A municipality that has more than one fixed guideway public transit station located within the municipality may, through an integrated process, develop station area plans for multiple station areas if the station areas are within close proximity of each other. (5) (a) A municipality that is required to develop and adopt a station area plan under this section may request technical assistance from the applicable metropolitan planning organization. (b) An applicable metropolitan planning organization that receives funds from the Governor's Office of Economic Development under Section 63N-3-113 shall, when utilizing the funds, give priority consideration to requests for technical assistance for station area plans required under Subsection (2)(d). (6) (a) A station area plan shall promote the following objectives within the station area: (i) increasing the availability and affordability of housing, including moderate income housing; (ii) promoting sustainable environmental conditions; (iii) enhancing access to opportunities; and (iv) increasing transportation choices and connections. (b) (i) To promote the objective described in Subsection (6)(a)(i), a municipality may consider implementing the following actions: (A) aligning the station area plan with the moderate income housing element of the municipality's general plan; (B) providing for densities necessary to facilitate the development of moderate income housing; (C) providing for affordable costs of living in connection with housing, transportation, and parking; or (D) any other similar action that promotes the objective described in Subsection (6)(a)(i). (ii) To promote the objective described in Subsection (6)(a)(ii), a municipality may consider implementing the following actions: (A) conserving water resources through efficient land use; (B) improving air quality by reducing fuel consumption and motor vehicle trips; (C) establishing parks, open spaces, and recreational opportunities; or (D) any other similar action that promotes the objective described in Subsection (6)(a)(ii). (iii) To promote the objective described in Subsection (6)(a)(iii), a municipality may consider the following actions: (A) maintaining and improving the connections between housing, transit, employment, education, recreation, and commerce; (B) encouraging mixed-use development; (C) enabling employment and educational opportunities within the station area; (D) encouraging and promoting enhanced broadband connectivity; or (E) any other similar action that promotes the objective described in Subsection (6)(a)(iii). (iv) To promote the objective described in Subsection (6)(a)(iv), a municipality may consider the following: (A) supporting investment in infrastructure for all modes of transportation; (B) increasing utilization of public transit; (C) encouraging safe streets through the designation of pedestrian walkways and bicycle lanes; (D) encouraging manageable and reliable traffic conditions; (E) aligning the station area plan with the regional transportation plan of the applicable metropolitan planning organization; or (F) any other similar action that promotes the objective described in Subsection (6)(a)(iv). (7) A station area plan shall include the following components: (a) a station area vision that: (i) is consistent with Subsection (6); and (ii) describes the following: (A) opportunities for the development of land within the station area under existing conditions; (B) constraints on the development of land within the station area under existing conditions; (C) the municipality's objectives for the transportation system within the station area and the future transportation system that meets those objectives; (D) the municipality's objectives for land uses within the station area and the future land uses that meet those objectives; (E) the municipality's objectives for public and open spaces within the station area and the future public and open spaces that meet those objectives; and (F) the municipality's objectives for the development of land within the station area and the future development standards that meet those objectives; (b) a map that depicts: (i) the station area; (ii) the area within the station area to which the station area plan applies, provided that the station area plan may apply to areas outside the station area, and the station area plan is not required to apply to the entire station area; and (iii) the area where each action is needed to implement the station area plan; (c) an implementation plan that identifies and describes each action needed within the next five years to implement the station area plan, and the party responsible for taking each action, including any actions to: (i) modify land use regulations; (ii) make infrastructure improvements; (iii) modify deeds or other relevant legal documents; (iv) secure funding or develop funding strategies; (v) establish design standards for development within the station area; or (vi) provide environmental remediation; (d) a statement that explains how the station area plan promotes the objectives described in Subsection (6)(a); and (e) as an alternative or supplement to the requirements of Subsection (6) or this Subsection (7), and for purposes of Subsection (1)(b)(ii), a statement that describes any conditions that would make the following impracticable: (i) promoting the objectives described in Subsection (6)(a); or (ii) satisfying the requirements of this Subsection (7). (8) A municipality shall develop a station area plan with the involvement of all relevant stakeholders that have an interest in the station area through public outreach and community engagement, including: (a) other impacted communities; (b) the applicable public transit district; (c) the applicable metropolitan planning organization; (d) the Department of Transportation; (e) owners of property within the station area; and (f) the municipality's residents and business owners. (9) (a) A municipality that is required to develop and adopt a station area plan for a station area under this section shall submit to the applicable metropolitan planning organization and the applicable public transit district documentation evidencing that the municipality has satisfied the requirement of Subsection (1)(a)(i) for the station area, including: (i) a station area plan; or (ii) a resolution adopted under Subsection (1)(b)(i) or (ii). (b) The applicable metropolitan planning organization, in consultation with the applicable public transit district, shall: (i) review the documentation submitted under Subsection (9)(a) to determine the municipality's compliance with this section; and (ii) provide written certification to the municipality if the applicable metropolitan planning organization determines that the municipality has satisfied the requirement of Subsection (1)(a)(i) for the station area. (c) The municipality shall include the certification described in Subsection (9)(b)(ii) in the municipality's report to the Division of Housing and Community Development within the Governor's Office of Economic Development under Section 10-21-202. (10) (a) Following certification by a metropolitan planning organization of a municipality's station area plan under Subsection (9)(b)(ii), the municipality shall provide a report to the applicable metropolitan planning organization on or before December 31 of the fifth year after the year in which the station area plan was certified, and every five years thereafter for a period not to exceed 15 years. (b) The report described in Subsection (10)(a) shall: (i) contain the status of advancing the station area plan objectives, including, if applicable, actions described in the implementation plan required in Subsection (7)(c); and (ii) identify potential actions over the next five years that would advance the station area plan objectives. (c) If a municipality has multiple certified station area plans, the municipality may consolidate the reports required in Subsection (10)(a) for the purpose of submitting reports to the metropolitan planning organization.