Utah Code § 17-79-403 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-403
§ 17-79-403. General plan preparation.
Status: in_force

(1) (a) The planning commission shall provide notice, as provided in Section 17-79-203, of the planning commission's intent to make a recommendation to the county legislative body for a general plan or a comprehensive general plan amendment when the planning commission initiates the process of preparing the planning commission's recommendation. (b) The planning commission shall make and recommend to the legislative body a proposed general plan for: (i) the unincorporated area within the county; or (ii) if the planning commission is a planning commission for a mountainous planning district, the mountainous planning district. (c) (i) The plan may include planning for incorporated areas if, in the planning commission's judgment, the plans are related to the planning of the unincorporated territory or of the county as a whole. (ii) Elements of the county plan that address incorporated areas are not an official plan or part of a municipal plan for any municipality, unless the county plan is recommended by the municipal planning commission and adopted by the governing body of the municipality. (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission's recommendations for the following plan elements: (i) a land use element that: (A) designates the long-term goals and the proposed extent, general distribution, and location of land for housing for residents of various income levels, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate; (B) includes a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan; (C) is coordinated to integrate the land use element with the water use and preservation element; and (D) accounts for the effect of land use categories and land uses on water demand; (ii) a transportation and traffic circulation element that: (A) provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and other modes of transportation that the planning commission considers appropriate; (B) addresses the county's plan for residential and commercial development around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce; and (C) correlates with the population projections, the employment projections, and the proposed land use element of the general plan; (iii) for a specified county as defined in Section 17-80-101, a moderate income housing element that meets the requirements of Section 17-80-201; (iv) a resource management plan detailing the findings, objectives, and policies required by Section 17-79-402; and (v) a water use and preservation element that addresses: (A) the effect of permitted development or patterns of development on water demand and water infrastructure; (B) methods of reducing water demand and per capita consumption for future development; (C) methods of reducing water demand and per capita consumption for existing development; and (D) opportunities for the county to modify the county's operations to eliminate practices or conditions that waste water. (b) In drafting the land use element, the planning commission shall: (i) identify and consider each agriculture protection area within the unincorporated area of the county or mountainous planning district; (ii) avoid proposing a use of land within an agriculture protection area that is inconsistent with or detrimental to the use of the land for agriculture; and (iii) consider and coordinate with any station area plans adopted by municipalities located within the county under Section 63N-23-104. (c) In drafting the transportation and traffic circulation element, the planning commission shall: (i) (A) consider and coordinate with the regional transportation plan developed by the county's region's metropolitan planning organization, if the relevant areas of the county are within the boundaries of a metropolitan planning organization; or (B) consider and coordinate with the long-range transportation plan developed by the Department of Transportation, if the relevant areas of the county are not within the boundaries of a metropolitan planning organization; and (ii) consider and coordinate with any station area plans adopted by municipalities located within the county under Section 63N-23-104. (d) In drafting the water use and preservation element, the planning commission: (i) shall consider applicable regional water conservation goals recommended by the Division of Water Resources; (ii) shall consult with the Division of Water Resources for information and technical resources regarding regional water conservation goals, including how implementation of the land use element and water use and preservation element may affect the Great Salt Lake; (iii) shall notify the community water systems serving drinking water within the unincorporated portion of the county and request feedback from the community water systems about how implementation of the land use element and water use and preservation element may affect: (A) water supply planning, including drinking water source and storage capacity consistent with Section 19-4-114; and (B) water distribution planning, including master plans, infrastructure asset management programs and plans, infrastructure replacement plans, and impact fee facilities plans; (iv) shall consider the potential opportunities and benefits of planning for regionalization of public water systems; (v) shall consult with the Department of Agriculture and Food for information and technical resources regarding the potential benefits of agriculture conservation easements and potential implementation of agriculture water optimization projects that would support regional water conservation goals; (vi) shall notify an irrigation or canal company located in the county so that the irrigation or canal company can be involved in the protection and integrity of the irrigation or canal company's delivery systems; (vii) shall include a recommendation for: (A) water conservation policies to be determined by the county; and (B) landscaping options within a public street for current and future development that do not require the use of lawn or turf in a parkstrip; (viii) shall review the county's land use ordinances and include a recommendation for changes to an ordinance that promotes the inefficient use of water; (ix) shall consider principles of sustainable landscaping, including the: (A) reduction or limitation of the use of lawn or turf; (B) promotion of site-specific landscape design that decreases stormwater runoff or runoff of water used for irrigation; (C) preservation and use of healthy trees that have a reasonable water requirement or are resistant to dry soil conditions; (D) elimination or regulation of ponds, pools, and other features that promote unnecessary water evaporation; (E) reduction of yard waste; and (F) use of an irrigation system, including drip irrigation, best adapted to provide the optimal amount of water to the plants being irrigated; (x) may include recommendations for additional water demand reduction strategies, including: (A) creating a water budget associated with a particular type of development; (B) adopting new or modified lot size, configuration, and landscaping standards that will reduce water demand for new single family development; (C) providing one or more water reduction incentives for existing landscapes and irrigation systems and installation of water fixtures or systems that minimize water demand; (D) discouraging incentives for economic development activities that do not adequately account for water use or do not include strategies for reducing water demand; and (E) adopting water concurrency standards requiring that adequate water supplies and facilities are or will be in place for new development; and (xi) shall include a recommendation for low water use landscaping standards for a new: (A) commercial, industrial, or institutional development; (B) common interest community, as defined in Section 57-25-102; or (C) multifamily housing project. (3) The proposed general plan may include: (a) an environmental element that addresses: (i) to the extent not covered by the county's resource management plan, the protection, conservation, development, and use of natural resources, including the quality of: (A) air; (B) forests; (C) soils; (D) rivers; (E) groundwater and other waters; (F) harbors; (G) fisheries; (H) wildlife; (I) minerals; and (J) other natural resources; and (ii) (A) the reclamation of land, flood control, prevention and control of the pollution of streams and other waters; (B) the regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas; (C) the prevention, control, and correction of the erosion of soils; (D) the preservation and enhancement of watersheds and wetlands; and (E) the mapping of known geologic hazards; (b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them, police and fire protection, and other public services; (c) a rehabilitation, redevelopment, and conservation element consisting of plans and programs for: (i) historic preservation; (ii) the diminution or elimination of a development impediment as defined in Section 17C-1-102; and (iii) redevelopment of land, including housing sites, business and industrial sites, and public building sites; (d) an economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected county revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity; (e) recommendations for implementing all or any portion of the general plan, including the adoption of land and water use ordinances, capital improvement plans, community development and promotion, and any other appropriate action; (f) provisions addressing any of the matters listed in Subsection 17-79-401(2) or 17-79-402(1); and (g) any other element the county considers appropriate.
Utah Code § 17-62-403 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-403
§ 17-62-403. Contents of proposed optional plan.
Status: in_force

(1) The study committee or the sponsors of a petition described in Subsection 17-62-303(1)(a)(ii) shall ensure that an optional plan the committee or registered voters propose under this chapter, respectively: (a) proposes the adoption of one of the forms of county government authorized in Subsection 17-62-404(1)(a); (b) contains detailed provisions relating to the transition from the existing form of county government to the form proposed in the optional plan, including provisions relating to the: (i) election or appointment of officers specified in the optional plan for the new form of county government; (ii) retention, elimination, or combining of existing offices and, if an office is eliminated, the division or department of county government responsible for performing the duties of the eliminated office; (iii) continuity of existing ordinances and regulations; (iv) continuation of pending legislative, administrative, or judicial proceedings; (v) making of interim and temporary appointments; and (vi) preparation, approval, and adjustment of necessary budget appropriations; (c) specifies the date the optional plan becomes effective if adopted, which may not be earlier than the first day of January next following the election of officers under the new plan; and (d) notwithstanding any other provision of this title and except with respect to an optional plan that proposes the adoption of the county commission or expanded county commission form of government, with respect to the county budget provides that: (i) the county executive's role is to prepare and present a proposed budget to the county legislative body; and (ii) the county legislative body's role is to adopt a final budget. (2) Subject to Subsection (3), an optional plan may include provisions that are considered necessary or advisable to the effective operation of the proposed optional plan. (3) An optional plan may not: (a) include any provision that is inconsistent with or prohibited by the Utah Constitution or any statute; (b) if the optional plan is proposed after March 20, 2020: (i) specify compensation, including benefits, for any appointed or elected county official; or (ii) specify the full or part-time status of any appointed or elected county official; or (c) if the optional plan specifies that county council or commission members are to be elected from districts, establish, divide, abolish, alter, change, or otherwise attempt to draw boundaries of election districts or impair the duties of the county legislative body as described in Section 17-62-503. (4) The optional plan proponent described in Subsection (1) shall ensure that an optional plan proposing to change the form of government to the county executive-council form under Section 17-62-203 or the council-manager form under Section 17-62-204: (a) provides for the same executive and legislative officers as are specified in the applicable section for the form of government that the optional plan proposes; (b) provides for the election of the county council; (c) specifies the number of county council members, which shall be an odd number from three to nine; (d) subject to Subsection (3)(c), and except as provided in Section 17-62-204, specifies whether the members of the county council are to be elected from districts, at large, or by a combination of at large and by district; (e) specifies county council members' qualifications and terms and whether the terms are to be staggered; and (f) contains procedures for filling vacancies on the county council, consistent with the provisions of Section 20A-1-508. (5) The optional plan proponent described in Subsection (1) shall ensure that an optional plan proposing to change the form of government to the county commission form under Section 17-62-201 or the expanded county commission form under Section 17-62-202 specifies: (a) (i) for the county commission form of government, that the county commission shall have three members; or (ii) for the expanded county commission form of government, whether the county commission shall have five or seven members; (b) the terms of office for county commission members and whether the terms are to be staggered; (c) subject to Subsection (3)(c), whether members of the county commission are to be elected from districts, at large, or by a combination of at large and from districts; (d) if any members of the county commission are to be elected from districts, the district residency requirements for those commission members; and (e) if any members of the county commission are to be elected at large, whether the election of county commission members is subject to the provisions of Subsection 17-62-201(6) or Subsection 17-62-202(6).
Utah Code § 17-81-204 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-204
§ 17-81-204. Public hearing -- Notice -- Review and action on proposal.
Status: in_force

(1) After receipt of the written reports from the advisory committee and planning commission, or after the 45 days have expired, whichever is earlier, the legislative body shall: (a) schedule a public hearing; (b) provide notice of the public hearing for the geographic area described in Subsection 17-81-202(1)(b), as a class B notice under Section 63G-30-102, for at least seven days; and (c) ensure that the notice includes: (i) the time, date, and place of the public hearing on the proposal; (ii) a description of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area; (iii) any proposed modifications to the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area; (iv) a summary of the recommendations of the advisory committee and planning commission; and (v) a statement that interested persons may appear at the public hearing and speak in favor of or against the proposal, any proposed modifications to the proposal, or the recommendations of the advisory committee and planning commission. (2) The applicable legislative body shall: (a) convene the public hearing at the time, date, and place specified in the notice; and (b) take oral or written testimony from interested persons. (3) (a) Within 120 days of the submission of the proposal, the applicable legislative body shall approve, modify and approve, or reject the proposal. (b) The creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is effective at the earlier of: (i) the applicable legislative body's approval of a proposal or modified proposal; or (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if the applicable legislative body has failed to approve or reject the proposal within that time. (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area is effective only if the applicable legislative body, at the legislative body's discretion, approves a proposal or modified proposal. (4) (a) To give constructive notice of the existence of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant protection area within 10 days of the creation of the relevant protection area, the applicable legislative body shall file an executed document containing a legal description of the relevant protection area with: (i) the county recorder; and (ii) the affected planning commission. (b) If the legal description of the property to be included in the relevant protection area is available through the county recorder's office, the applicable legislative body shall use that legal description in the executed document required in Subsection (4)(a). (5) Within 10 days of the recording of the agriculture protection area, the applicable legislative body shall: (a) send written notification to the commissioner of agriculture and food that the agriculture protection area has been created; and (b) include in the notification: (i) the number of landowners owning land within the agriculture protection area; (ii) the total acreage of the area; (iii) the date of approval of the area; and (iv) the date of recording. (6) The applicable legislative body's failure to record the notice required under Subsection (4) or to send the written notification under Subsection (5) does not invalidate the creation of an agriculture protection area. (7) The applicable legislative body may consider the cost of recording notice under Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee under Subsection 17-41-301(4)(b).
Utah Code § 17-73-301 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-301
§ 17-73-301. Maps for county or county officers.
Status: in_force

(1) Except as provided in Subsection (2), each county surveyor shall: (a) provide all maps necessary for the county or any county officer; and (b) file those maps and all data the county surveyor obtains from other sources in the county surveyor's office. (2) Subsection (1) does not apply to an ownership plat that the county recorder is required under Section 17-71-303 to prepare and keep.
Utah Code § 17-66-102 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-102
§ 17-66-102. County officers enumerated.
Status: in_force

The elected officers of a county are: (1) (a) in a county operating under a county commission, as described in Section 17-62-201, or expanded county commission form of government, as described in Section 17-62-202, each county commission member; or (b) in a county operating under a county executive-council form of government, as described in Section 17-62-203, or a council-manager form of government, as described in Section 17-62-204, the county legislative body members and the county executive; (2) the county assessor, with powers and duties described in Chapter 67, County Assessor; (3) the county attorney and a district attorney in a county which is part of a prosecution district, with powers and duties described in Chapter 68, County and District Attorney; (4) the county auditor, with powers and duties described in Chapter 69, County Auditor; (5) the county clerk, with powers and duties described in Chapter 70, County Clerk; (6) the county recorder, with powers and duties described in Chapter 71, County Recorder; (7) the county sheriff, with powers and duties described in Chapter 72, County Sheriff; (8) the county surveyor, with powers and duties described in Chapter 73, County Surveyor; and (9) the county treasurer, with powers and duties described in Chapter 74, County Treasurer.
Utah Code § 17-71-401 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-401
§ 17-71-401. Recording procedures -- Endorsements of entry number required on documents.
Status: in_force

(1) When a document is accepted by the county recorder's office for recording, the county recorder shall: (a) endorse upon the first page of the document the relevant information described in Section 17-71-302; and (b) record the document during office hours in the order it was accepted. (2) A county recorder shall place an entry number or a book and page reference on each page of a document that the county recorder accepts for recording only if the original document or a copy of the document is kept as a public record under Section 17-71-404. (3) (a) A county recorder may endorse each document that the county recorder accepts for recording with a book and page reference. (b) If a county recorder elects not to endorse a document with a book and page reference, the book and page reference may be omitted: (i) in each index required by statute; and (ii) on each document presented for recording that is required to recite recording data. (4) Subject to Section 17-71-404, the county recorder shall return the document to the person that the county recorder considers appropriate.
Utah Code § 17-74-304 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-304
§ 17-74-304. Treasurer duties to special district under
Status: in_force

The treasurer may enter into an agreement with a special district for the county treasurer to bill and collect assessments on behalf of the special district, as described in Section 17B-1-901.
Utah Code § 17-63-603 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-603
§ 17-63-603. Finance officer -- Annual financial statement -- Contents.
Status: in_force

(1) The finance officer of each county, within 180 days after the close of each fiscal period, or, for a county that has adopted a fiscal period that is a biennial period, within 180 days after both the midpoint and the close of the fiscal period, except as provided by Section 17-63-604, shall prepare and make available to the governing body an annual financial report that shall contain: (a) a statement of revenues and expenditures and a comparison with the budget of the county general fund, similar statements of all other funds for which budgets are required, and statements of revenues and expenditures or of income and expense for all other operating funds of the county; (b) a balance sheet of each fund and a combined balance sheet of all funds as of: (i) for a county that has adopted a fiscal period that is a biennial period, the midpoint and the close of the fiscal period; and (ii) for each other county, the close of the fiscal period; or (c) any other reports the governing body may require, including work performance data, tax levies, taxable values, details of bonded indebtedness, and historical facts of interest to the governing body and the public. (2) Copies of the annual report shall be furnished to the state auditor and made a matter of public record in the office of the finance officer. (3) The statement of revenues and expenditures described in Subsection (1)(a) shall specifically identify when revenue is restricted for only statutorily authorized expenditures, including: (a) transient room tax, according to the expenditure authorizations described in Section 17-78-702; and (b) tourism, recreation, cultural, convention, and airport facilities tax, according to the expenditure authorizations described in Sections 59-12-602 and 59-12-603. (4) The state auditor: (a) shall review a county's annual report as described in Section 17E-2-403; and (b) may take any action authorized in Section 17E-2-403.
Utah Code § 17-76-503 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-503
§ 17-76-503. Vacancies -- Compensation -- Removal from office.
Status: in_force

(1) Any vacancy occurring on the council shall be filled by appointment by the county executive for the unexpired term. (2) A council member may not hold, during the term of the council member's office, any other public office or be a candidate for any other public office. (3) (a) Each council member shall receive $50 for each meeting of the council attended by the council member. (b) The county legislative body may raise the compensation of a council member as the county legislative body considers appropriate. (c) The compensation and allowance described in Subsections (3)(a) and (b) shall be a charge against the county and paid monthly. (4) (a) In case of misconduct, willful neglect, or an inability to perform the duties of the council member's office, a council member may be removed from office by the county legislative body upon a majority vote of the county legislative body. (b) A county legislative body that moves to remove a council member from office under Subsection (4)(a) shall provide the council member with the opportunity to be heard in the council member's own defense.
Utah Code § 17-81-307 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-307
§ 17-81-307. Restrictions on state development projects.
Status: in_force

(1) A state agency that plans any development project that might affect land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall submit the state agency's development plan to: (a) the advisory board of the relevant protection area; and (b) in the case of an agriculture protection area, the commissioner of agriculture and food. (2) The commissioner of agriculture and food, in the case of an agriculture protection area, and the advisory board shall: (a) review the state agency's proposed development plan; and (b) recommend any modifications to the development project that would protect the integrity of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment, the industrial protection area from nonindustrial encroachment, or the critical infrastructure materials protection area from encroachment of uses unrelated to critical infrastructure materials operations. (3) A state agency and political subdivision of the state that designates or proposes to designate a transportation corridor shall: (a) consider: (i) whether the transportation corridor would: (A) be located on land that is included within an agriculture protection area; or (B) interfere with agriculture production activities on land within an agriculture protection area; and (ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and (b) make reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor.
Utah Code § 17-77-101 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-101
§ 17-77-101. Definitions.
Status: in_force

As used in this chapter: (1) "Assisted outpatient treatment" means the same as that term is defined in Section 26B-5-301. (2) "Crisis worker" means the same as that term is defined in Section 26B-5-610. (3) "Department" means the Department of Health and Human Services created in Section 26B-1-201. (4) "Division" means the Division of Integrated Healthcare within the department. (5) "First responder" means: (a) a law enforcement officer, as that term is defined in Section 53-13-103; (b) emergency medical service personnel, as that term is defined in Section 53-2d-101; (c) an emergency medical technician, as that term is defined in Section 53-2e-101; (d) an advanced emergency medical technician, as that term is defined in Section 53-2e-101; (e) a firefighter, as that term is defined in Section 53H-11-306; (f) a dispatcher, as that term is defined in Section 53-6-102; or (g) a mobile outreach social worker. (6) "Local mental health crisis line" means the same as that term is defined in Section 26B-5-610. (7) "Mental health therapist" means the same as that term is defined in Section 58-60-102. (8) "Public funds": (a) means: (i) federal money received from the department; (ii) state money appropriated by the Legislature to the department, a county governing body, or a local substance abuse authority for the purposes of providing substance abuse programs or services; and (iii) state money appropriated by the Legislature to the department, a county governing body, or a local mental health authority for the purposes of providing mental health programs or services; and (b) includes federal and state money described in Subsection (8)(a): (i) even after the money has been transferred by: (A) a local substance abuse authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse programs or services for the local substance abuse authority; or (B) a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive mental health programs or services for the local mental health authority; and (ii) while in the possession of the private provider. (9) "Statewide mental health crisis line" means the same as that term is defined in Section 26B-5-610.
Utah Code § 17-69-101 — Utah Code / Title 17 / Chapter 17-69 / § 17-69-101
§ 17-69-101. Definitions.
Status: in_force

As used in this chapter: (1) "Account" or "accounting" means: (a) the systematic recording, classification, or summarizing of a financial transaction or event; and (b) the interpretation or presentation of the result of an action described in Subsection (1)(a). (2) (a) "Accounting services" means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report. (b) "Accounting services" does not include the creation of a purchase order. (3) "Audit" or "auditing" means an examination that is a formal analysis of a county account or county financial record: (a) to verify accuracy, completeness, or compliance with an internal control; (b) to give a fair presentation of a county's financial status; and (c) that conforms to the uniform classification of accounts established by the state auditor. (4) "Book" means a financial record of the county, regardless of a record's format. (5) (a) "Budget" or "budgeting" means the preparation or presentation of a proposed or tentative budget as provided in Chapter 63, Fiscal Authority and Processes. (b) "Budget" or "budgeting" includes: (i) a revenue projection; (ii) a budget request compilation; or (iii) the performance of an activity described in Subsection (5)(b)(i) or (ii). (6) (a) "Claim" means under the color of law: (i) a demand presented for money or damages; or (ii) a cause of action presented for money or damages. (b) "Claim" does not mean a routine, uncontested, or regular payment, including a bill, purchase, or payroll. (7) (a) "County auditor" means the county officer elected as the county auditor under Chapter 69, County Auditor. (b) "County auditor" includes an individual given the title of county controller under Subsection 17-69-301(5). (8) "County executive" means the elected chief executive officer of a county under Chapter 66, County Officers and Officials Generally. (9) "Finance officer" means the same as that term is defined in Section 17-66-101. (10) "Performance audit" means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is: (a) managing public resources and exercising authority in compliance with law and policy; (b) achieving objectives and desired outcomes; and (c) providing services effectively, efficiently, economically, ethically, and equitably. (11) "Renumeration" means a warrant, check, or other payment mechanism. (12) "Warrant" means an order for payment, issued by a county officer or county employee with the authority to make the order, directing the disbursement of funds.
Utah Code § 17-63-902 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-902
§ 17-63-902. Bond elections -- Consolidating voting districts and precincts -- Voting places.
Status: in_force

The county legislative body may in any bond election consolidate voting districts and precincts and may select for the purposes of such election any voting places which the legislative body considers desirable, without regard to regularly established voting precincts and voting places.
Utah Code § 17-79-701 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-701
§ 17-79-701. Enactment of subdivision ordinance.
Status: in_force

(1) The legislative body of a county may enact ordinances requiring that a subdivision plat comply with the provisions of the county's ordinances and this part before: (a) the subdivision plat may be filed and recorded in the county recorder's office; and (b) lots may be sold. (2) If the legislative body fails to enact a subdivision ordinance, the county may regulate subdivisions only as provided in this part. (3) The joining of a lot or lots to a parcel does not constitute a subdivision as to the parcel or subject the parcel to the county's subdivision ordinance. (4) A legislative body may adopt a land use regulation that specifies that combining lots does not require a subdivision plat amendment.
Utah Code § 17-62-404 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-404
§ 17-62-404. Plan may propose changing forms of county government -- Partisan elections.
Status: in_force

(1) (a) The optional plan proponent described in Subsection 17-62-403(1) shall ensure that each optional plan proposes changing the form of county government to: (i) for a county of the first, second, third, or fourth class: (A) the county commission form under Section 17-62-201; (B) the expanded county commission form under Section 17-62-202; (C) the county executive and council form under Section 17-62-203; or (D) the council-manager form under Section 17-62-204; and (ii) for a county of the fifth or sixth class: (A) the county commission form under Section 17-62-201; or (B) the expanded county commission form under Section 17-62-202. (b) The optional plan proponent described in Subsection 16-62-403(1) may not recommend an optional plan that: (i) proposes changing the form of government to a form not authorized in Subsection (1)(a); (ii) provides for the nonpartisan election of elected officers; (iii) imposes a limit on the number of terms or years that an elected officer may serve; or (iv) provides for elected officers to be subject to a recall election. (2) A county that provides for the election of the county's elected officers through a partisan election may not change to a process that provides for the election of the county's elected officers through a nonpartisan election.
Utah Code § 17-71-404 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-404
§ 17-71-404. Public record of original documents or copies  -- Receipt of recording.
Status: in_force

(1) After accepting a document for recording, receiving the fees for recording it, and completing recording procedures, the county recorder shall, only if required by statute, keep the original document or a copy of the original document as a public record in a form sufficient to meet the requirements of this chapter. (2) (a) The county recorder may make and furnish certified photographic copies of any of the records in the office to an individual who pays the applicable fees. (b) The county recorder shall supply certified copies of any of the records to a county officer for the officer's official use without the payment of a fee. (3) Upon recording an instrument, the county recorder shall, if requested, give a receipt to the individual presenting an instrument for recording.
Utah Code § 17-76-304 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-304
§ 17-76-304. Establishment of merit commission -- Appointment, qualifications, and compensation of members.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), a county subject to this chapter shall establish a merit system commission consisting of three appointed members: (i) two members appointed by the legislative body of the county; and (ii) one member appointed by the governing body of a police interlocal entity. (b) If there is no police interlocal entity within the county, the county legislative body shall appoint all three members of a commission described in Subsection (1)(a). (c) (i) Of the original appointees described in Subsection (1)(a) or (b): (A) one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment; (B) one member shall be appointed for a term ending two years after the date the term ends for the member described in Subsection (1)(c)(i)(A); and (C) one member shall be appointed for a term ending four years after the date the term ends for the member described in Subsection (1)(c)(i)(A). (ii) For a term after a term described in Subsection (1)(c), a commission member shall hold a term of six years. (d) If an appointed position described in Subsection (1)(a) or (b) is vacated for a cause other than expiration of the member's term, the position is filled by appointment for the unexpired portion of the term only. (2) A member of the commission: (a) shall be a resident of the state; (b) for at least five years before the date of appointment, shall be a resident of: (i) the county; or (ii) if applicable, the area served by the police interlocal entity from which appointed; and (c) may not hold another office or employment with the county or, if applicable, in a municipality served by the police interlocal entity for which the member is appointed. (3) The county legislative body or interlocal entity governing body may: (a) compensate a member for service on the commission; and (b) reimburse the member for necessary expenses incurred in the performance of the member's duties.
Utah Code § 17-66-104 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-104
§ 17-66-104. Consolidation of county offices -- County clerk to perform duties of county auditor under certain circumstances.
Status: in_force

(1) A legislative body may, unless prohibited by Subsection (2), pass an ordinance that: (a) consolidates county offices and establishes the duties of consolidated county offices; (b) separates any previously consolidated offices and reconsolidates county offices; or (c) separates any previously consolidated county offices without reconsolidating them. (2) A legislative body may not: (a) consolidate the offices of county commissioner, county council member, or county treasurer with the office of county auditor; (b) consolidate the office of county executive with the office of county auditor, unless a referendum approving that consolidation passes; or (c) consolidate the offices of county commissioner, county council member, county executive, county assessor, or county auditor with the office of county treasurer. (3) Except as provided in Subsection (5), each legislative body shall ensure that any ordinance consolidating or separating county offices: (a) is enacted before November 1 of the year before the year in which county officers are elected; and (b) takes effect on the first Monday in January after the year in which county officers are elected. (4) (a) Each legislative body shall: (i) enact an ordinance by February 1, 2010, separating any county offices that are prohibited from consolidation by this section; and (ii) publish, by February 15, 2010, a notice once in a newspaper of general circulation in the county identifying the county offices that will be filled in the November 2010 election. (b) If a legislative body has, by February 1, 2006, enacted an ordinance, in compliance with this Subsection (4) then in effect, separating county offices that are prohibited from consolidation by this section, the legislative body may repeal that ordinance. (5) A county described in Section 17-70-103 may enact an ordinance consolidating the offices of county clerk and county auditor at any time. (6) For a county of the first or second class, as classified under Section 17-60-104, an individual holding a consolidated county office shall meet all of the applicable statutorily defined qualifications of each county office within the consolidated office, including possession of any state-regulated license or certification.
Utah Code § 17-79-606 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-606
§ 17-79-606. Regulation of amateur radio antennas.
Status: in_force

(1) A county may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97. (2) If a county adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall: (a) reasonably accommodate amateur radio communications; and (b) represent the minimal practicable regulation to accomplish the county's purpose.
Utah Code § 17-73-302 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-302
§ 17-73-302. Authority of county surveyor.
Status: in_force

The county surveyor may: (1) administer oaths or affirmations necessary to legally establish roads and other surveys; (2) take evidence from any individual who may have information to prove any point material to a survey or whenever necessary in the discharge of the county surveyor's official duties; and (3) establish procedures and guidelines to govern the electronic submission of plats, records, and other documents to the county surveyor's office consistent with Title 46, Chapter 4, Uniform Electronic Transactions Act.
Utah Code § 17-60-301 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-301
§ 17-60-301. County seats fixed -- Election to move a county seat.
Status: in_force

(1) The county seats of the several counties of this state as now fixed by law are hereby recognized as such. (2) In accordance with Utah Constitution, Article XI, Section 2, no county seat shall be moved unless: (a) two-thirds of the qualified electors of the county, voting on the proposition at a countywide general election, vote in favor of the relocation; and (b) two-thirds of the votes cast on the proposition approve the relocation of the county seat.
Utah Code § 17-63-702 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-702
§ 17-63-702. Taxation for county purposes -- Statement of county debt required.
Status: in_force

(1) A county legislative body may levy taxes upon the taxable property, real or personal, within the county for any and all county purposes. (2) (a) The county auditor or county finance officer shall prepare a statement showing the indebtedness of the county, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part of the indebtedness before the annual meeting of the county legislative body for levying taxes. (b) The statement described in Subsection (2)(a) shall be prepared under the direction of the county legislative body.
Utah Code § 17-61-402 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-402
§ 17-61-402. Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
Status: in_force

(1) (a) If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority vote of those voters who reside: (i) in the portion of the seceding county proposed as a new county; and (ii) in the remaining portion of the seceding county. (b) If a petition for the creation of a new county impacts more than one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority of those voters who reside: (i) in each portion of each seceding county proposed to be part of a new county; and (ii) in each remaining portion of each seceding county. (2) If it appears that any proposition submitted to the voters as provided in Section 17-61-401 has been approved as described in Subsection (1): (a) the lieutenant governor, upon receiving the certified report under Section 20A-4-304, shall certify the result to the governor; and (b) upon receiving the results from the lieutenant governor under Subsection (1)(a), the governor shall issue a proclamation, stating: (i) the result of the vote in each division of the county; (ii) the name and boundaries of the new county; (iii) the boundaries of a seceding county as changed by the creation of the new county; (iv) that the creation of the new county will take effect on the first Monday in January following the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5; (v) the name proposed in the petition as the name of the new county; and (vi) the judicial district to which the new county belongs. (3) The legislative body of the county from which the greatest portion of the new county was taken shall: (a) within 30 days after the issuance of the governor's proclamation under Subsection (1), send to the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (b) upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5, submit to the recorder of the new county: (i) the original notice of an impending boundary action; (ii) the original certificate of creation; (iii) the original approved final local entity plat; and (iv) a certified copy of the governor's proclamation under Subsection (1). (4) (a) The new county that is the subject of the lieutenant governor's certificate of creation under Section 67-1a-6.5 is a county of the state from and after January 1 following the issuance of the lieutenant governor's certificate of creation. (b) (i) The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section 59-2-305.5. (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the new county, the new county may not: (A) levy or collect a property tax on property in the county; (B) levy or collect an assessment on property in the county; or (C) charge or collect a fee for service provided to property within the county.
Utah Code § 17-68-305 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-305
§ 17-68-305. Deputy attorneys.
Status: in_force

(1) The attorney may employ a deputy attorney to perform the duties of public prosecutor or civil counsel. (2) (a) Subject to the approval of the county attorney, the district attorney may cross deputize a county deputy attorney as a deputy district attorney. (b) Subject to the approval of the district attorney, the county attorney may cross deputize a deputy district attorney as a deputy county attorney. (3) The county attorney may specially deputize, for a limited time or limited purpose, an attorney licensed to practice law in the state and in good standing with the Utah State Bar as a deputy to assist in any public prosecutor or civil counsel duties specified in the special deputization.
Utah Code § 17-79-208 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-208
§ 17-79-208. Hearing and notice for petition to vacate a public street.
Status: in_force

(1) For any petition to vacate some or all of a public street or county utility easement, the legislative body shall: (a) hold a public hearing; and (b) give notice of the date, place, and time of the hearing, as provided in Subsection (2). (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative body shall ensure that the notice required under Subsection (1)(b) is: (a) published for the county, as a class A notice under Section 63G-30-102, for at least 10 days; (b) provided to the owner of each parcel that is accessed by the public street or county utility easement; and (c) mailed to each affected entity.
Utah Code § 17-69-302 — Utah Code / Title 17 / Chapter 17-69 / § 17-69-302
§ 17-69-302. Auditing services.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b) and subject to Subsection (2), a county auditor may audit the financial records and accounts of a: (i) county office; (ii) county department; (iii) county division; (iv) county justice court; or (v) county entity. (b) The county auditor may not audit the county auditor's own office, including any of the county auditor's financial records or accounts. (2) The county auditor shall perform an audit: (a) as needed, as defined by good management practices and the standards of the profession; and (b) based on the county auditor's professional judgement, taking into account considerations related to risk and materiality. (3) Nothing in this section may be construed to affect a county legislative body's authority under Section 17-64-404 or a county executive's authority under Section 17-65-304.
Utah Code § 17-78-807 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-807
§ 17-78-807. Annual report -- Financial statement.
Status: in_force

(1) To the extent that independent accounting records are prepared and maintained by the planetarium, the planetarium board of directors shall make, or in the case of a contracting entity, require that there be made, an annual report to the county executive and the county legislative body on the condition and operation of the planetarium, including a financial statement. (2) The financial statement described in Subsection (1) shall be: (a) prepared in accordance with generally accepted accounting principles; and (b) reviewed by the county finance officer, as that term is defined in Section 17-66-101. (3) The planetarium shall be included in the annual audit of the county conducted by an independent public accountant as required by Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Utah Code § 17-70-503 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-503
§ 17-70-503. Prohibited use of official position -- Exception.
Status: in_force

(1) Except as provided in Subsection (3) or (5), it is an offense for an officer to: (a) disclose confidential information acquired by reason of the officer's official position; (b) use the information described in Subsection (1)(a) to secure special privileges or exemptions for the officer or others; (c) use or attempt to use the officer's official position to secure special privileges for the officer or for others; or (d) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for the officer or for another, if the gift or loan tends to influence the officer in the discharge of the officer's official duties. (2) This section does not apply to: (a) an occasional nonpecuniary gift having a value of less than $50; (b) an award publicly presented; (c) any bona fide loan made in the ordinary course of business; or (d) political campaign contributions subject to Section 17-70-403. (3) A member of a county legislative body who is also a member of the governing board of a provider of mental health or substance abuse services under contract with the county does not commit an offense under Subsection (1)(a), (b), or (c) by discharging, in good faith, the duties and responsibilities of each position, if the county legislative body member does not participate in the process of selecting the mental health or substance abuse service provider. (4) Notwithstanding the provisions of this section, a county or county official may encourage support from a public or private individual or institution, whether in financial contributions or by other means, on behalf of an organization or activity that benefits the community. (5) This section does not apply to an officer who engages in conduct that constitutes a violation of this section to the extent that the officer is chargeable, for the same conduct, under Section 76-8-105.
Utah Code § 17-76-103 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-103
§ 17-76-103. Severability.
Status: in_force

(1) If any section or provision of this chapter is declared unconstitutional or void, the fact of such holding shall in no wise affect those sections and provisions not held unconstitutional or void and which can be retained in effect without the provision declared unconstitutional and void. (2) (a) If any provision of this chapter or the application of this chapter is found to be in conflict with any state or federal law, conflict with which would impair funding otherwise receivable from the state or federal government, the conflicting provision is hereby declared to be inoperative solely to the extent of the conflict and with respect to the department, agency, or institution of the county directly affected. (b) A conflict with state or federal law described in Subsection (2)(a) does not affect the operation of the remainder of this chapter.
Utah Code § 17-78-407 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-407
§ 17-78-407. County funding for a fixed guideway.
Status: in_force

(1) For purposes of this section, "fixed guideway" means a public transit facility that uses and occupies: (a) rail for the use of public transit; or (b) a separate right-of-way for the use of public transit. (2) (a) Except as provided in Subsection (2)(b), a county legislative body may not levy a property tax or expend revenues from uniform fees or any tax or fee imposed in lieu of a property tax, to purchase, erect, repair, rebuild, maintain, or otherwise fund a fixed guideway. (b) Subsection (2)(a) does not apply to a property tax levy imposed by a county for the purpose of paying for bonds if: (i) before January 1, 2007, the bonds were issued or approved by voters for issuance to fund a fixed guideway; and (ii) the county does not impose a sales and use tax authorized by Section 59-12-2217.
Utah Code § 17-68-302 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-302
§ 17-68-302. County attorney powers and functions.
Status: in_force

(1) Except within a county that is located in a prosecution district, the county attorney: (a) is a public prosecutor for the county; and (b) shall perform each public prosecutor and civil counsel duty in accordance with this chapter or as otherwise required by law. (2) In a county that is located within a prosecution district, the county attorney: (a) is the civil counsel for the county; and (b) shall perform each civil counsel duty in the county or prosecution district in accordance with this chapter or as otherwise required by law.
Utah Code § 17-79-710 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-710
§ 17-79-710. Dedication by plat of public streets and other public places.
Status: in_force

(1) A plat that is signed, dedicated, and acknowledged by each owner of record, and approved according to the procedures specified in this part, operates, when recorded, as a dedication of all public streets and other public places, and vests the fee of those parcels of land in the county for the public for the uses named or intended in the plat. (2) The dedication established by this section does not impose liability upon the county for public streets and other public places that are dedicated in this manner but are unimproved unless: (a) adequate financial assurance has been provided in accordance with this chapter; and (b) the county has accepted the dedication.
Utah Code § 17-63-903 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-903
§ 17-63-903. Additional purposes for which bonds may be issued -- Joint ownership of facilities authorized.
Status: in_force

(1) In addition to other purposes for which bonds may be issued, bonds may be issued for the purpose of: (a) acquiring, improving or extending systems for the collection, retention and disposition of storm and flood waters; (b) acquiring, improving, or extending public libraries, including procuring equipment, furnishings, and books ; (c) acquiring or improving facilities for the collection, disposal, or incineration of garbage and trash; (d) acquiring, improving, extending, furnishing, and equipping auditoriums, sports arenas, stadiums, convention centers, and all properties and facilities ordinarily forming part of a so-called convention complex, or any part of a convention complex; and (e) acquiring, improving, extending, furnishing, or equipping any improvement or facility which the county is authorized by law to own. (2) (a) Bonds may be issued for the county's share of any facility described in Subsection (1) to be owned jointly with any municipality or taxing district in the county. (b) Joint ownership of a facility between a county and any municipality or taxing district in the county, as described in Subsection (2)(a), is expressly authorized.
Utah Code § 17-78-903 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-903
§ 17-78-903. Donations.
Status: in_force

The county may, for the benefit of the zoo, accept donations of money, personal property, or real estate upon such terms and conditions as the county sees fit.
Utah Code § 17-78-101 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-101
§ 17-78-101. Definitions.
Status: in_force

As used in this chapter: (1) "Adjusted present value" means: (a) the disposition price; plus (b) the anticipated future value. (2) (a) "Anticipated future value" means the total value of all reasonably anticipated future benefits to a county from the disposal of a significant parcel of real property, including: (i) increased tax revenues; and (ii) job creation or maintenance. (b) "Anticipated future value" does not include the present fair market value of the significant parcel of real property. (3) "Dispose" means to sell or lease. (4) "Disposition price" means the price a potential purchaser or lessee offers to pay in exchange for the sale or lease of a significant parcel of real property. (5) "Federal agency" means any department of the executive branch of the federal government. (6) "Flood plain" means the land along the course of a river or stream which is periodically flooded and for which flood control protective works would normally be provided or desirable.
Utah Code § 17-79-301 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-301
§ 17-79-301. Ordinance establishing planning commission required -- Exception -- Ordinance requirements -- Planning advisory area planning commission -- Compensation.
Status: in_force

(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: (i) include the number and terms of the planning commission members and, if the county chooses, alternate members; (ii) provide procedures for appointing a planning commission member; (iii) provide procedures for filling vacancies on the planning commission; (iv) provide procedures for removing a planning commission member from the planning commission; (v) except as provided in Subsection (3)(a)(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; (viii) define the authority of the planning commission; (ix) subject to Subsection (3)(b), include rules of order and procedure for use by the planning commission in a public meeting; and (x) include other details relating to the organization and procedures of the planning commission. (b) Subsection (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.
Utah Code § 17-79-303 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-303
§ 17-79-303. Planning advisory areas -- Notice of hearings.
Status: in_force

(1) (a) A planning advisory area may be established as provided in this Subsection (1). (b) A planning advisory area may not be established unless the area to be included within the proposed planning advisory area: (i) is unincorporated; (ii) is contiguous; and (iii) (A) contains: (I) at least 20% but not more than 80% of: (Aa) the total private land area in the unincorporated county; or (Bb) the total value of locally assessed taxable property in the unincorporated county; or (II) (Aa) in a county of the second or third class, at least 5% of the total population of the unincorporated county, but not less than 300 residents; or (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population of the unincorporated county; or (B) has been declared by the United States Census Bureau as a census designated place. (c) (i) The process to establish a planning advisory area is initiated by the filing of a petition with the clerk of the county in which the proposed planning advisory area is located. (ii) A petition to establish a planning advisory area may not be filed if it proposes the establishment of a planning advisory area that includes an area within a proposed planning advisory area in a petition that has previously been certified under Subsection (1)(g), until after the canvass of an election on the proposed planning advisory area under Subsection (1)(j). (d) A petition under Subsection (1)(c) to establish a planning advisory area shall: (i) be signed by the owners of private real property that: (A) is located within the proposed planning advisory area; (B) covers at least 10% of the total private land area within the proposed planning advisory area; and (C) is equal in value to at least 10% of the value of all private real property within the proposed planning advisory area; (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous area proposed to be established as a planning advisory area; (iii) indicate the typed or printed name and current residence address of each owner signing the petition; (iv) designate up to five signers of the petition as petition sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each petition sponsor; (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the petition for purposes of the petition; and (vi) request the county legislative body to provide notice of the petition and of a public hearing, hold a public hearing, and conduct an election on the proposal to establish a planning advisory area. (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal Incorporation. (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing the establishment of a planning advisory area in a county of the second class, the county clerk shall provide notice of the filing of the petition to: (A) each owner of real property owning more than 1% of the assessed value of all real property within the proposed planning advisory area; and (B) each owner of real property owning more than 850 acres of real property within the proposed planning advisory area. (ii) A property owner may exclude all or part of the property owner's property from a proposed planning advisory area in a county of the second class: (A) if: (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all property within the proposed planning advisory area; (IIii) the property is nonurban; and (IIIiii) the property does not or will not require municipal provision of municipal-type services; or (Bb) the property owner owns more than 850 acres of real property within the proposed planning advisory area; and (II) exclusion of the property will not leave within the planning advisory area an island of property that is not part of the planning advisory area; and (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice under Subsection (1)(f)(i). (iii) (A) The county legislative body shall exclude from the proposed planning advisory area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if the property meets the applicable requirements of Subsection (1)(f)(ii)(A). (B) If the county legislative body excludes property from a proposed planning advisory area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the exclusion, send written notice of its action to the contact sponsor. (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county clerk shall: (A) with the assistance of other county officers from whom the clerk requests assistance, determine whether the petition complies with the requirements of Subsection (1)(d); and (B) (I) if the clerk determines that the petition complies with the requirements of Subsection (1)(d): (Aa) certify the petition and deliver the certified petition to the county legislative body; and (Bb) mail or deliver written notification of the certification to the contact sponsor; or (II) if the clerk determines that the petition fails to comply with any of the requirements of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection. (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk. (h) (i) Within 90 days after a petition to establish a planning advisory area is certified, the county legislative body shall hold a public hearing on the proposal to establish a planning advisory area. (ii) A public hearing under Subsection (1)(h)(i) shall be: (A) within the boundary of the proposed planning advisory area; or (B) if holding a public hearing in that area is not practicable, as close to that area as practicable. (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the county legislative body shall publish notice of the petition and the time, date, and place of the public hearing for the county, as a class A notice under Section 63G-30-102, for at least one week. (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body shall arrange for the proposal to establish a planning advisory area to be submitted to voters residing within the proposed planning advisory area at the next regular general election that is more than 90 days after the public hearing. (j) A planning advisory area is established at the time of the canvass of the results of an election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the proposal to establish a planning advisory area voted in favor of the proposal. (k) An area that is an established township before May 12, 2015: (i) is, as of May 12, 2015, a planning advisory area; and (ii) (A) shall change its name, if applicable, to no longer include the word "township"; and (B) may use the word "planning advisory area" in its name. (2) The county legislative body may: (a) assign to the countywide planning commission the duties established in this part that would have been assumed by a planning advisory area planning commission designated under Subsection (2)(b); or (b) designate and appoint a planning commission for the planning advisory area. (3) (a) An area within the boundary of a planning advisory area may be withdrawn from the planning advisory area as provided in this Subsection (3) or in accordance with Subsection (5)(a). (b) The process to withdraw an area from a planning advisory area is initiated by the filing of a petition with the clerk of the county in which the planning advisory area is located. (c) A petition under Subsection (3)(b) shall: (i) be signed by the owners of private real property that: (A) is located within the area proposed to be withdrawn from the planning advisory area; (B) covers at least 50% of the total private land area within the area proposed to be withdrawn from the planning advisory area; and (C) is equal in value to at least 33% of the value of all private real property within the area proposed to be withdrawn from the planning advisory area; (ii) state the reason or reasons for the proposed withdrawal; (iii) be accompanied by an accurate plat or map showing the boundary of the contiguous area proposed to be withdrawn from the planning advisory area; (iv) indicate the typed or printed name and current residence address of each owner signing the petition; (v) designate up to five signers of the petition as petition sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each petition sponsor; (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the petition for purposes of the petition; and (vii) request the county legislative body to withdraw the area from the planning advisory area. (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal Incorporation. (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county clerk shall: (A) with the assistance of other county officers from whom the clerk requests assistance, determine whether the petition complies with the requirements of Subsection (3)(c); and (B) (I) if the clerk determines that the petition complies with the requirements of Subsection (3)(c): (Aa) certify the petition and deliver the certified petition to the county legislative body; and (Bb) mail or deliver written notification of the certification to the contact sponsor; or (II) if the clerk determines that the petition fails to comply with any of the requirements of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection. (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk. (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area is certified, the county legislative body shall hold a public hearing on the proposal to withdraw the area from the planning advisory area. (ii) A public hearing under Subsection (3)(f)(i) shall be held: (A) within the area proposed to be withdrawn from the planning advisory area; or (B) if holding a public hearing in that area is not practicable, as close to that area as practicable. (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative body shall publish notice of the petition and the time, date, and place of the public hearing for the area proposed to be withdrawn, as a class B notice under Section 63G-30-102, for at least three weeks before the date of the hearing. (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county legislative body shall make a written decision on the proposal to withdraw the area from the planning advisory area. (ii) In making its decision as to whether to withdraw the area from the planning advisory area, the county legislative body shall consider: (A) whether the withdrawal would leave the remaining planning advisory area in a situation where the future incorporation of an area within the planning advisory area or the annexation of an area within the planning advisory area to an adjoining municipality would be economically or practically not feasible; (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn area: (I) whether the proposed subsequent incorporation or withdrawal: (Aa) will leave or create an unincorporated island or peninsula; or (Bb) will leave the county with an area within its unincorporated area for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years; and (II) whether the municipality to be created or the municipality into which the withdrawn area is expected to annex would be or is capable, in a cost effective manner, of providing service to the withdrawn area that the county will no longer provide due to the incorporation or annexation; (C) the effects of a withdrawal on adjoining property owners, existing or projected county streets or other public improvements, law enforcement, and zoning and other municipal services provided by the county; and (D) whether justice and equity favor the withdrawal. (h) Upon the written decision of the county legislative body approving the withdrawal of an area from a planning advisory area, the area is withdrawn from the planning advisory area and the planning advisory area continues as a planning advisory area with a boundary that excludes the withdrawn area. (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4). (b) The process to dissolve a planning advisory area is initiated by the filing of a petition with the clerk of the county in which the planning advisory area is located. (c) A petition under Subsection (4)(b) shall: (i) be signed by registered voters within the planning advisory area equal in number to at least 25% of all votes cast by voters within the planning advisory area at the last congressional election; (ii) state the reason or reasons for the proposed dissolution; (iii) indicate the typed or printed name and current residence address of each person signing the petition; (iv) designate up to five signers of the petition as petition sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each petition sponsor; (v) authorize the petition sponsors to act on behalf of all persons signing the petition for purposes of the petition; and (vi) request the county legislative body to provide notice of the petition and of a public hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning advisory area. (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county clerk shall: (A) with the assistance of other county officers from whom the clerk requests assistance, determine whether the petition complies with the requirements of Subsection (4)(c); and (B) (I) if the clerk determines that the petition complies with the requirements of Subsection (4)(c): (Aa) certify the petition and deliver the certified petition to the county legislative body; and (Bb) mail or deliver written notification of the certification to the contact sponsor; or (II) if the clerk determines that the petition fails to comply with any of the requirements of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection. (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk. (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified, the county legislative body shall hold a public hearing on the proposal to dissolve the planning advisory area. (ii) A public hearing under Subsection (4)(e)(i) shall be held: (A) within the boundary of the planning advisory area; or (B) if holding a public hearing in that area is not practicable, as close to that area as practicable. (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative body shall publish notice of the petition and the time, date, and place of the public hearing for the county, as a class A notice under Section 63G-30-102, for three consecutive weeks immediately before the public hearing. (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters residing within the planning advisory area at the next regular general election that is more than 90 days after the public hearing. (g) A planning advisory area is dissolved at the time of the canvass of the results of an election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the proposal to dissolve the planning advisory area voted in favor of the proposal. (5) (a) If a portion of an area located within a planning advisory area is annexed by a municipality or incorporates, that portion is withdrawn from the planning advisory area. (b) If a planning advisory area in whole is annexed by a municipality or incorporates, the planning advisory area is dissolved.
Utah Code § 17-73-504 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-504
§ 17-73-504. Map of boundary survey -- Procedure for filing -- Contents -- Marking of monuments -- Record of corner changes -- Penalties.
Status: in_force

(1) (a) (i) Each professional land surveyor making a boundary survey of lands within this state to establish or reestablish a boundary line shall file a map of the survey that meets the requirements of this section with the county surveyor or designated office within 90 days of the establishment or reestablishment of a boundary. (ii) A professional land surveyor who fails to file a map of the survey as required by Subsection (1)(a)(i) is guilty of an infraction. (iii) Each failure to file a map of the survey as required by Subsection (1)(a)(i) is a separate violation. (b) The county surveyor or designated office shall file and index the map of the survey. (c) The map shall be a public record in the office of the county surveyor or designated office. (2) This type of map shall show: (a) the location of survey by quarter section and township and range; (b) the date of survey; (c) the scale of drawing and north point; (d) the distance and course of all lines traced or established, giving the basis of bearing and the distance and course to two or more section corners or quarter corners, including township and range, or to identified monuments within a recorded subdivision; (e) all measured bearings, angles, and distances separately indicated from those of record; (f) a written boundary description of property surveyed; (g) all monuments set and the monuments' relation to older monuments found; (h) a detailed description of monuments found and monuments set, indicated separately; (i) the surveyor's seal or stamp; and (j) the surveyor's business name and address. (3) (a) The map shall contain a written narrative that explains and identifies: (i) the purpose of the survey; (ii) the basis on which the lines were established; and (iii) the found monuments and deed elements that controlled the established or reestablished lines. (b) If the narrative is a separate document, it shall contain: (i) the location of the survey by quarter section and by township and range; (ii) the date of the survey; (iii) the surveyor's stamp or seal; and (iv) the surveyor's business name and address. (c) The map and narrative shall be referenced to each other if they are separate documents. (4) The map and narrative shall be created on material of a permanent nature on stable base reproducible material in the sizes required by the county surveyor. (5) (a) Any monument set by a licensed professional land surveyor to mark or reference a point on a property or land line shall be durably and visibly marked or tagged with the registered business name or the letters "L.S." followed by the registration number of the surveyor in charge. (b) If the monument is set by a licensed land surveyor who is a public officer, it shall be marked with the official title of the office. (6) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the section corner or quarter-section corner, or their accessories, the surveyor shall complete and submit to the county surveyor or designated office a record of the changes made. (b) The record described in Subsection (6)(a) shall: (i) be submitted within 45 days of the corner visits; and (ii) include the surveyor's seal, business name, and address. (7) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the license of any professional land surveyor who fails to comply with the requirements of this section, according to the procedures in Title 58, Chapter 1, Division of Professional Licensing Act. (8) Each federal or state agency, board, or commission, special district, special service district, or municipal corporation that makes a boundary survey of lands within this state shall comply with this section.
Utah Code § 17-81-101 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-101
§ 17-81-101. Definitions.
Status: in_force

As used in this chapter: (1) "Advisory board" means: (a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-81-102; (b) for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-81-102; and (c) for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-81-102. (2) "Agricultural land" means the same as the term "land in agricultural use" is defined in Section 59-2-502. (3) "Agricultural operation" means the same as that term is defined in Section 78B-6a-101. (4) (a) "Agriculture production" means production for commercial purposes of crops, livestock, and livestock products. (b) "Agriculture production" includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator. (5) "Agriculture protection area" means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. (6) "Applicable legislative body" means: (a) with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area: (i) the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or (ii) the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and (b) with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area: (i) the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or (ii) the legislative body of the city or town in which the relevant protection area is located. (7) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4. (8) "Commercial quantities" means critical infrastructure materials: (a) extracted or processed by a commercial enterprise in the ordinary course of business; and (b) in a sufficient amount that the critical infrastructure materials introduction into commerce would create a reasonable expectation of profit. (9) "Contiguous land" means surface or subsurface land that shares a common boundary and is not separated by a highway as defined in Section 41-6a-102. (10) "Critical infrastructure materials" means sand, gravel, or rock aggregate. (11) "Critical infrastructure materials operations" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. (12) "Critical infrastructure materials operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that: (a) owns, controls, or manages a critical infrastructure materials operation; and (b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. (13) "Critical infrastructure materials protection area" means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. (14) "Critical infrastructure materials use" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. (15) "Crops, livestock, and livestock products" includes: (a) land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including: (i) forages and sod crops; (ii) grains and feed crops; (iii) livestock, as that term is defined in Section 59-2-102; (iv) trees and fruits; or (v) vegetables, nursery, floral, and ornamental stock; or (b) land devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government. (16) "Division" means the Division of Oil, Gas, and Mining created in Section 40-6-15. (17) "Existing legal use" means a critical infrastructure materials use that has operated in accordance with: (a) a legal nonconforming use that has not been abandoned for more than 24 consecutive months; or (b) a permit issued by the applicable political subdivision. (18) "Industrial protection area" means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. (19) "Mine operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, before January 1, 2019: (a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and (b) has produced commercial quantities of a mineral deposit from the mining use. (20) "Mineral deposit" means the same as that term is defined in Section 40-8-4. (21) "Mining protection area" means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls on January 1, 2026. (22) "Mining use": (a) means: (i) the full range of activities, from prospecting and exploration to reclamation and closure, associated with the exploitation of a mineral deposit; and (ii) the use of the surface and subsurface and groundwater and surface water of an area in connection with the activities described in Subsection (22)(a)(i) that have been, are being, or will be conducted; and (b) includes, whether conducted on-site or off-site: (i) any sampling, staking, surveying, exploration, or development activity; (ii) any drilling, blasting, excavating, or tunneling; (iii) the removal, transport, treatment, deposition, and reclamation of overburden, development rock, tailings, and other waste material; (iv) any removal, transportation, extraction, beneficiation, or processing of ore; (v) any smelting, refining, autoclaving, or other primary or secondary processing operation; (vi) the recovery of any mineral left in residue from a previous extraction or processing operation; (vii) a mining activity that is identified in a work plan or permitting document; (viii) the use, operation, maintenance, repair, replacement, or alteration of a building, structure, facility, equipment, machine, tool, or other material or property that results from or is used in a surface or subsurface mining operation or activity; (ix) any accessory, incidental, or ancillary activity or use, both active and passive, including a utility, private way or road, pipeline, land excavation, working, embankment, pond, gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use area, buffer zone, and power production facility; (x) the construction of a storage, factory, processing, or maintenance facility; and (xi) an activity described in Subsection 40-8-4(19)(a). (23) (a) "Municipal" means of or relating to a city or town. (b) "Municipality" means a city or town. (24) "New land" means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator's large mine permit. (25) "Off-site" means the same as that term is defined in Section 40-8-4. (26) "On-site" means the same as that term is defined in Section 40-8-4. (27) (a) "Open land" means land that is: (i) preserved in or restored to a predominantly natural, open, and undeveloped condition; and (ii) used for: (A) wildlife habitat; (B) cultural or recreational use; (C) watershed protection; or (D) another use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition. (b) "Open land" includes land described in Subsection (27)(a) that contains facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body: (i) enhance the natural, scenic, or aesthetic qualities of the land; or (ii) facilitate the public's access to, or use of, the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. (c) "Open land" does not include land whose predominant use is as a developed facility for active recreational activities played on fields or courses, including baseball, tennis, soccer, golf, or other sporting or similar activities. (28) "Planning commission" means: (a) a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area; (b) a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or (c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. (29) "Political subdivision" means a county, city, town, school district, special district, or special service district. (30) "Proposal sponsors" means the owners of land in agricultural production, industrial use, or critical infrastructure materials operations who are sponsoring the proposal for creating an agriculture protection area, industrial protection area, or critical infrastructure materials protection area. (31) "Public land county" means a county in which over 50% of the land area is publicly owned. (32) "Rollback tax funds" means the rollback taxes or in lieu fee payments paid to a county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710. (33) "State agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. (34) "Unincorporated" means not within a city or town. (35) "Vested critical infrastructure materials use" means a critical infrastructure materials operations use by a critical infrastructure materials operator that is an existing legal use. (36) "Vested mining use" means a mining use: (a) by a mine operator; and (b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use.
Utah Code § 17-75-701 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-701
§ 17-75-701. Prohibited actions.
Status: in_force

(1) A person commits an offense under this chapter by: (a) making a false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under this chapter; or (b) in any manner committing or attempting to commit any fraud preventing the impartial execution of this chapter. (2) (a) A person commits an offense under this chapter by directly or indirectly, giving, rendering, paying, offering, soliciting, or accepting any money, service, or other valuable consideration for any appointment, proposed appointment, promotion, or proposed promotion to, or for any advantage in, a position in the career service. (b) Offenses described under Subsection (2)(a) do not include circumstances that are violations of Sections 76-8-103 and 76-8-105. (3) An employee of the county office of personnel management, examiner, or other person may not: (a) defeat, deceive, or obstruct an individual's right to examination, eligibility, certification, or appointment under this chapter; or (b) furnish to an individual any special or secret information for the purpose of affecting the rights or prospects of an individual with respect to employment in the career service.
Utah Code § 17-76-403 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-403
§ 17-76-403. Appointment of more than one deputy.
Status: in_force

(1) The sheriff, with the consent of the commission and the county legislative body, may appoint more than one chief deputy, deputy chief, or undersheriff. (2) In counties employing more than 100 full time uniformed peace officers, the appointing authority, with the consent of the merit commission and the county legislative body, may appoint more than one chief deputy or undersheriff.
Utah Code § 17-70-302 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-302
§ 17-70-302. Duties.
Status: in_force

A county clerk shall: (1) record all proceedings of the county legislative body; (2) make full entries of all resolutions and decisions of the county legislative body on all questions concerning the county; (3) record the vote of each member of the county legislative body on any motion where there is a division of the county legislative body; (4) prepare and certify duplicate lists of all claims that: (a) show the amount of each claim or order; (b) show the date of each claim or order; (c) show the date of the county's allowance or rejection of the claim; and (d) are countersigned by the county executive; (5) deliver one of the lists referred to in Subsection (4) to the: (a) county finance officer; and (b) county treasurer; (6) file and preserve a county officer's report to the county legislative body; (7) file and preserve all accounts except accounts that are kept by the county finance officer; (8) file and preserve all petitions and applications for franchises; (9) record the county legislative body's action on petitions and applications for franchises; (10) authenticate with the clerk's signature and the seal of the county the county legislative body's proceedings; (11) authenticate with the clerk's signature and the seal of the county all ordinances the county legislative body passes, and record them in the ordinance book; (12) record all orders levying taxes; (13) keep at the county clerk's office all county books, records, and accounts that the county clerk is required by law to keep; (14) during regular business hours, provide for public inspection all county books, records, and accounts that the county clerk is required by law to keep; (15) perform all other duties the county legislative body requires by: (a) ordinance; or (b) resolution; (16) establish policies to issue marriage licenses to county residents and individuals getting married in the county; (17) keep a register of marriage licenses the county clerk issues; (18) establish policies to ensure that the county clerk, or a designee of the county clerk who is willing, is available during business hours to solemnize a legal marriage for which a marriage license has been issued; (19) execute with the county clerk's seal described in Section 17-70-102 all deeds and conveyances of all real estate conveyed by the county; (20) take and certify acknowledgments; (21) administer oaths; (22) keep a fee schedule as provided by law; (23) take charge of and safely keep the seal of the county described in Section 17-64-103; and (24) keep other records and perform other duties as may be prescribed by law.
Utah Code § 17-75-301 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-301
§ 17-75-301. Counties authorized to make benefits generally available to employees, employee dependents, or an employee's adult designee -- Registry authorized -- Limitations.
Status: in_force

(1) A county may, by ordinance enacted by the county legislative body, make benefits generally available to: (a) county employees; (b) the dependents of county employees; and (c) an unmarried employee's financially dependent or interdependent adult designee. (2) (a) Subject to Subsection (2)(b), a county may, by ordinance enacted by the county legislative body, create a registry for adult relationships of financial dependence or interdependence. (b) A county may not create or maintain a registry or other means that defines, identifies, or recognizes and gives legal status or effect to a domestic partnership, civil union, or domestic cohabitation relationship other than marriage. (3) The following county actions are not and may not be treated the same as or substantially equivalent to marriage: (a) the county's recognition of an adult designee; (b) the county's creation and maintenance of a registry under Subsection (2)(a); and (c) any certificate issued to or other designation of a person on the county's registry under Subsection (2)(a). (4) Neither an ordinance under Subsection (1) or (2)(a) nor a registry created under Subsection (2)(a) making an employee benefit available to an adult designee may create, modify, or affect a spousal, marital, or parental status, duty, or right. (5) An ordinance, executive order, rule, or regulation adopted or other action taken before, on, or after May 5, 2008, that is inconsistent with this section is void.
Utah Code § 17-60-205 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-205
§ 17-60-205. Study and improvement of county government -- Charges and expenses.
Status: in_force

(1) A county may, individually or in association with other counties, study the processes and methods of county government with a view to improvement and cause to be assembled and presented to the Legislature or the Congress of the United States, or to or before the appropriate committees of either or both, such information and factual data with respect to the effect upon counties, the taxpayers, and the people, of existing, pending or proposed legislation, as in the judgment of county executives and legislative bodies, will be in the interest of and beneficial to counties, taxpayers, and people. (2) The charges and expenses incurred under Subsection (1) shall be proper claim against county funds, to be audited and paid as other county claims.
Utah Code § 17-60-508 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-508
§ 17-60-508. Service animals permitted.
Status: in_force

(1) As used in this section: (a) "Retired service animal" means a dog that: (i) at one time was a service animal for the current owner; and (ii) no longer provides service animal services to the owner because of the dog's age or other factors limiting the dog's service capability. (b) "Service animal" means the same as that term is defined in Section 10-8-65. (2) If a county adopts a limit as to the number of dogs a person may keep, the county shall allow a person to keep a service animal, a retired service animal, or both in addition to that limit.
Utah Code § 17-76-310 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-310
§ 17-76-310. Preparation and expiration of eligible appointment register -- Appointments from eligible appointment register -- Failure to accept appointment -- Probationary period.
Status: in_force

(1) Upon completion of an examination, the commission shall prepare and adopt an eligible appointment register containing the names of applicants receiving a passing grade ranked in the order of grades earned, beginning with the highest. (2) (a) An eligible appointment register shall expire not later than two years after the date of the examination unless the commission, for good reason, extends the time not to exceed one additional year. (b) If the commission adopts a new eligible appointment register, a previous eligible appointment register for the same class or position is cancelled. (3) If the appointment of a peace officer is an appointment based on an examination, the appointing authority shall request that the commission certify eligible applicants for each position. (4) (a) The commission shall certify, to the appointing authority, a number of names equal to three times the number of allocations being filled. (b) The names of the applicants shall be ranked in order of examination score, beginning with the name of the applicant standing highest on the eligible appointment register. (5) The appointing authority shall select a person described in Subsection (4)(b) and appoint one person to each open position. (6) If a certified applicant fails to accept a proffered appointment, the applicant: (a) may request in writing that the applicant be able to retain the applicant's place on the eligible appointment register; and (b) shall provide reasons sufficient, in the judgment of the commission, to justify the applicant's failure to accept. (7) A peace officer appointed under Subsection (5) shall serve a probationary period of 12 consecutive months, during which time the officer may be discharged at the appointing authority's sole discretion. (8) (a) At the request of the appointing authority, and with the approval of the commission, the probationary period may be extended beyond 12 months for a peace officer who has not yet satisfactorily completed an approved peace officer training program and received a certificate of completion under Title 53, Chapter 6, Peace Officer Standards and Training Act. (b) At the request of the appointing authority, and with the approval of the commission, the probationary period of a peace officer may be extended beyond 12 months for good cause shown. (c) Service under a temporary or part-time appointment is not considered a part of the probationary period. (9) If a peace officer is retained in a position after the expiration of the probationary period, the peace officer's retention constitutes appointment to merit status. (10) A person removed from employment during the probationary period may not be placed on the eligible appointment register again without having passed another regular examination. (11) The commission may make or adopt policies governing probationary periods for other appointments, including the appointing or transfer of a peace officer from another jurisdiction.
Utah Code § 17-60-405 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-405
§ 17-60-405. County legislative body claim for expenses -- County attorney's opinion of legality.
Status: in_force

(1) Each claim against the county presented by a member of the county legislative body for the member's expenses shall: (a) be itemized and verified as other claims; (b) state that the service has been actually rendered; and (c) be presented to the county attorney or, in a county that has a district attorney but not a county attorney, the district attorney. (2) (a) The county or district attorney, as the case may be, shall endorse on the claim, in writing, the attorney's opinion as to the legality of the claim. (b) If the attorney declares the claim illegal, the attorney shall state specifically the reasons why the claim is illegal, and the county executive shall reject the claim.
Utah Code § 17-78-404 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-404
§ 17-78-404. Franchises for ferries and bridges.
Status: in_force

(1) A county may grant licenses and franchises for: (a) constructing and keeping in repair roads, bridges, and ferries; and (b) the taking of tolls on roads, bridges, and ferries. (2) Each person operating any toll boat or ferry for the transportation of persons, vehicles, or livestock across any stream, river, or body of water in this state shall obtain a franchise for the boat's or ferry's operation from the county executive of the county in which the boat or ferry is operated. (3) If a boat or ferry is operated on a stream or body of water forming the boundary line between two adjoining counties, the person operating the boat or ferry shall obtain a franchise from the county executive of each county.
Utah Code § 17-61-304 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-304
§ 17-61-304. Territory becomes part of annexing county -- Division of revenues.
Status: in_force

(1) Upon the effective date of the annexation described in Section 17-61-303, all the area proposed to be annexed shall become part of the annexing county. (2) (a) The legislative body of the initiating county shall: (i) until the date of annexation, continue: (A) to levy and collect ad valorem property tax and other revenues from or pertaining to the area; and (B) except as otherwise agreed with the annexing county, to provide the same services to the area proposed to be annexed as the initiating county provided before the commencement of the annexation proceedings; and (ii) after annexation, share pro rata with the annexing county the taxes and service charges or fees levied and collected by the initiating county during the year of the annexation if and to the extent that the annexing county provides, by itself or by contract, the same services for which the initiating county levied and collected the taxes and service charges or fees. (b) The pro rata allocation of taxes under Subsection (2)(a)(ii) shall be based on the date of annexation, and the pro rata allocation of service charges and fees shall be based on the proportion of services related to the service charges and fees that remain to be rendered after annexation.
Utah Code § 17-79-1002 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-1002
§ 17-79-1002. Variances.
Status: in_force

(1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that the person or entity owns, leases, or in which the person or entity holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance. (2) (a) The appeal authority may grant a variance only if: (i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances; (ii) there are special circumstances attached to the property that do not generally apply to other properties in the same zone; (iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; (iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and (v) the spirit of the land use ordinance is observed and substantial justice done. (b) (i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship unless the alleged hardship: (A) is located on or associated with the property for which the variance is sought; and (B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. (ii) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic. (c) In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the appeal authority may find that special circumstances exist only if the special circumstances: (i) relate to the hardship complained of; and (ii) deprive the property of privileges granted to other properties in the same zone. (3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. (4) Variances run with the land. (5) The appeal authority may not grant a use variance. (6) In granting a variance, the appeal authority may impose additional requirements on the applicant that will: (a) mitigate any harmful affects of the variance; or (b) serve the purpose of the standard or requirement that is waived or modified.
Utah Code § 17-68-505 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-505
§ 17-68-505. Juvenile proceedings.
Status: in_force

For a proceeding involving an offense committed by a minor as defined in Section 80-1-102, a public prosecutor shall: (1) review cases in accordance with Title 80, Chapter 6, Juvenile Justice; and (2) appear and prosecute for the state in the juvenile court of the county.
Utah Code § 17-81-205 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-205
§ 17-81-205. Criteria to be applied in evaluating a proposal for the creation of a protection area.
Status: in_force

In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the advisory committee, planning commission, and applicable legislative body shall apply the following criteria: (1) whether or not the land is currently being used for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be; (2) whether or not the land is zoned for agriculture use, industrial use, or critical infrastructure materials operations, as the case may be; (3) whether or not the land is viable for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be; (4) (a) for an agriculture protection area, the extent and nature of existing or proposed farm improvements; (b) for an industrial protection area, the extent and nature of existing or proposed improvements to or expansion of the industrial use; or (c) for a critical infrastructure materials protection area, the extent and nature of existing or proposed improvements to or expansion of critical infrastructure materials operations; and (5) (a) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions; (b) in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question; or (c) in the case of a critical infrastructure materials protection area, anticipated trends in technological conditions applicable to the critical infrastructure materials operations of the land in question.
Utah Code § 17-62-504 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-504
§ 17-62-504. Amendment of optional plan.
Status: in_force

(1) Subject to Subsection (2), an optional plan, after going into effect following an election held under Section 17-62-501, may be amended by an affirmative vote of two-thirds of the county legislative body. (2) Notwithstanding Subsection (1), an amendment to an optional plan that is in effect may not take effect until a majority of registered voters voting in a general or special election at which the amendment is proposed approve the amendment, if the amendment changes: (a) the size or makeup of the legislative body, except for adjustments necessary due to decennial reapportionment; or (b) the distribution of powers between the executive and legislative branches of county government.
Utah Code § 17-69-402 — Utah Code / Title 17 / Chapter 17-69 / § 17-69-402
§ 17-69-402. Management of financial records -- Disposal of records.
Status: in_force

(1) A county finance officer shall: (a) maintain the books of the county in a manner that shows the amount of receipts from and disbursement of a county office, department, division, or entity; (b) keep accounts current with the county treasurer; (c) preserve a document, book, record, or paper that the county legislative body requires the county auditor to keep in the county auditor's office, or ensure preservation of a document, book, record, or paper that the county legislative body requires the county auditor to keep in the county auditor's office; and (d) make an item described in Subsection (1)(c) available for public inspection during office hours. (2) The county finance officer shall, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, remove from the county finance officer's files and destroy or otherwise dispose of: (a) fee statements of a county officer; (b) county warrants; and (c) claims against the county.
Utah Code § 17-63-301 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-301
§ 17-63-301. Preparation of budgets.
Status: in_force

The finance officer of each county shall prepare each budget period, in a format that complies with Sections 17-63-202 and 17E-2-401, a tentative budget for each of the following funds which are included in the county's system of accounts: (1) county general fund; (2) special revenue funds; (3) debt service funds; (4) capital project funds; and (5) any other fund or funds for which a budget is required by the uniform system of budgeting, accounting, and reporting.
Utah Code § 17-76-512 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-512
§ 17-76-512. Removal from office and disciplinary action -- Appeals -- Hearing and determination -- Findings -- Appeal to district court.
Status: in_force

(1) An individual holding a position under this part may be removed from office or employment, reduced in rank or grade, or otherwise disciplined by the fire chief for: (a) misconduct; (b) incompetency; (c) failure to perform employment duties; (d) failure to properly observe the rules of the office or department in which the individual is employed; or (e) for other cause, as set out in council policies. (2) (a) Any disciplinary action described in Subsection (1) is subject to appeal in all cases by the aggrieved party to the council in the manner established by rule. (b) After an appeal described in Subsection (2)(a) is filed the council shall, as soon as practicable, hear and determine the matter. (3) (a) If the council determines that it is in the best interest of the county, the county legislative body may appoint an administrative law judge, trained and experienced in personnel matters, to initially hear the matter. (b) Upon hearing, the administrative law judge shall make findings of fact and a recommendation to the council. (c) The council may: (i) adopt or reject the recommendation of the administrative law judge; or (ii) request that the administrative law judge hold further factual hearings prior to the council's decision. (4) The council may then affirm, modify, vacate, or set aside the order for disciplinary action. (5) The aggrieved party shall, upon demand, be granted a public hearing, at which the aggrieved party may appear in person or by counsel or both. (6) (a) After the hearing, the findings and determination of the council shall be certified to the head of the county fire department from whose order the appeal is taken. (b) Notice in writing of the determination of the council shall be served upon the individual affected. (7) The council determination shall be enforced and followed by the head of the fire department until an appeal is taken to the district court by any affected individual. (8) (a) An individual aggrieved by a determination of the council described in Subsection (6) may, within 30 days after notice of the council's determination, file an action in the district court of the county or in the county of the aggrieved individual's residence, against the council in the council's official capacity, setting out the individual's grievance and right to complain. (b) In the council's answer to the complaint described in Subsection (8)(a), the council may set out any matter in justification. (9) The court shall determine the issues of both questions of law and fact and may affirm, set aside, or modify the council ruling.
Utah Code § 17-60-504 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-504
§ 17-60-504. County prohibited from providing municipal-type services to certain facilities managing high-level nuclear waste.
Status: in_force

(1) For purposes of this section: (a) "Greater than class C radioactive waste" means the same as that term is defined in Section 19-3-303. (b) "High-level nuclear waste" means the same as that term is defined in Section 19-3-303. (c) "Municipal-type services" means the same as that term is defined in Section 19-3-303. (d) "Placement" means the same as that term is defined in Section 19-3-303. (e) "Storage facility" means the same as that term is defined in Section 19-3-303. (f) "Transfer facility" means the same as that term is defined in Section 19-3-303. (2) A county may not: (a) provide, contract to provide, or agree in any manner to provide municipal-type services to any area under consideration for a storage facility or transfer facility for the placement of high-level nuclear waste, or greater than class C radioactive waste; or (b) seek to fund services for a storage facility or transfer facility by: (i) levying a tax; or (ii) charging a service charge or fee to persons benefiting from the municipal-type services.
Utah Code § 17-61-405 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-405
§ 17-61-405. Effect on precincts and school and other districts -- Indebtedness.
Status: in_force

(1) All precincts, school districts, road districts, and election districts entirely in the new county that existed before the creation of the new county: (a) continue; and (b) become precincts, school districts, road districts, and election districts of the new county. (2) The respective officers of the precincts, school districts, road districts, and election districts described in Subsection (1) shall hold office until the expiration of the terms for which the officers were elected or appointed. (3) If a precinct, school district, road district, or election district is divided as a result of the creation of a new county: (a) the precinct, school district, road district, or election district shall be disorganized; and (b) the property and territory of the precinct, school district, road district, or election district shall be subject to the action of the county legislative body of the respective counties in which the property or territory is located as to reorganization thereof or adding the same to other like subdivisions already organized. (4) Any bonded or other indebtedness of any school district described in Subsection (3) attaches and becomes the obligation of the district that shall be created out of the territory that shall retain the buildings and other property of the original district or to the district to which the same may be added. (5) All bonded or other indebtedness of a seceding county shall attach to and become the obligation of the new county.
Utah Code § 17-62-401 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-401
§ 17-62-401. Convening of first meeting of study committee.
Status: in_force

(1) The county executive shall convene the first meeting of the study committee no later than 10 days after the day on which the county executive receives notification: (a) of the establishment of a study committee by the county legislative body as described in Section 17-62-302; or (b) of a certified petition from the county clerk as described in Section 17-62-303. (2) (a) At the study committee's first meeting, the study committee shall select a chair from among the members of the study committee. (b) The chair of the study committee is responsible for convening each future meeting of the study committee.
Utah Code § 17-78-902 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-902
§ 17-78-902. Operation and maintenance of zoo -- Advisory board -- Contract for services.
Status: in_force

(1) Upon the establishment of a county zoo under this part, the county legislative body may provide rules and regulations for the zoo's governance and operation, including the establishment of an advisory board. (2) The county executive may contract with an agency or vendor to supply all or part of the services necessary for the operation and maintenance of a county zoo.
Utah Code § 17-76-315 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-315
§ 17-76-315. Vacation, sick leave, and other benefits.
Status: in_force

For merit system officers, provisions regarding vacation, sick, other leave, or any other employment condition or benefit not covered by this chapter shall be established by: (1) applicable law; (2) county ordinance or regulation; or (3) police interlocal entity rule or regulation.
Utah Code § 17-76-511 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-511
§ 17-76-511. Temporary work -- Term or period.
Status: in_force

(1) Subject to Subsection (2), the head of any county fire department coming within the provisions of this part may, with the advice and consent of the county legislative body, appoint to any position or place of employment in the fire department, any individual for temporary work without making the appointment from the certified civil service list. (2) An appointment described in Subsection (1) may not be longer than one month in the aggregate in the same calendar year.
Utah Code § 17-76-302 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-302
§ 17-76-302. Applicability.
Status: in_force

This part applies to a county of the first class or a police interlocal entity in which a county of the first class is a party to an interlocal agreement to provide law enforcement service.
Utah Code § 17-60-102 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-102
§ 17-60-102. Powers of municipalities not affected.
Status: in_force

Nothing in this title may be construed to diminish, impair, or affect the power conferred upon cities and towns.
Utah Code § 17-70-501 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-501
§ 17-70-501. Definitions.
Status: in_force

As used in this part: (1) (a) "Appointed officer" means an individual appointed to: (i) a statutory office or position; or (ii) a position of employment with a county, except a special employee. (b) "Appointed officer" includes an individual serving on a special, regular, or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual's services. (c) "Appointed officer" does not include an elected officer. (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to an individual or business entity, believing that such action is of help, aid, advice, or assistance to such individual or business entity and with the intent to so assist the individual or business entity. (3) "Business entity" means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. (4) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever. (5) "Elected officer" means an individual elected or appointed to an office in the county. (6) "Governmental action" means an action on the part of a county including: (a) a decision, determination, finding, ruling, or order; (b) a grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval; or (c) the denial of, or failure to act upon, a matter described in Subsection (6)(a) or (b). (7) "Officer" means an appointed officer or an elected officer. (8) "Special employee" means an individual hired on the basis of a contract to perform a special service for the county following a public bid. (9) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, and the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity.
Utah Code § 17-76-318 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-318
§ 17-76-318. Prohibitions against political activities -- Penalties.
Status: in_force

(1) (a) An officer, employee, or member of a governing body of a county or a police interlocal entity, whether elected or appointed, may not directly or indirectly coerce, command, or advise a merit system officer to pay, lend, or contribute part of the merit system officer's salary or compensation or anything else of value to a party, committee, organization, agency, or person for political purpose. (b) A county or police interlocal entity officer, employee, or member of a governing body, whether elected or appointed, may not make or attempt to make a merit system officer's personnel status dependent upon the merit system officer's support or lack of support for a political party, committee, organization, agency, or person engaged in a political activity. (2) Subsection (1) does not apply to political speeches or use of mass communications media for political purposes by an individual where a merit system officer is present, unless the purpose and intent of the speaker is to violate this section with direct respect to those merit system officers. (3) (a) Except as provided in Subsection (3)(b), a merit system officer may not engage in a political activity or solicit political contributions from merit system officers during the hours of employment, or use employer resources at any time for political purposes. (b) Subsection (3)(a) does not preclude a voluntary contribution by a merit system officer to the party or candidate of the merit system officer's choice.
Utah Code § 17-81-206 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-206
§ 17-81-206. Adding land to or removing land from a protection area -- Removing land from a mining protection area.
Status: in_force

(1) (a) Any owner may add land to an existing agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, by: (i) filing a proposal with: (A) the county legislative body, if the relevant protection area and the land to be added are within the unincorporated part of the county; or (B) the municipal legislative body, if the relevant protection area and the land to be added are within a city or town; and (ii) obtaining the approval of the applicable legislative body for the addition of the land to the relevant protection area. (b) The applicable legislative body shall: (i) comply with the provisions for creating an agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, in determining whether to accept the proposal; and (ii) for purposes of a critical infrastructure materials protection area, request a copy of the applicable Division of Air Quality approval order. (c) The applicable legislative body may deny the expansion if expansion is contrary to the Division of Air Quality's approval order. (2) (a) An owner of land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area may remove any or all of the owner's land from the relevant protection area, by filing a petition for removal with the applicable legislative body. (b) (i) The applicable legislative body: (A) shall: (I) grant the petition for removal of land from the relevant protection area, even if removal of the land would result in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area of less than the number of acres established by the applicable legislative body as the minimum under Section 17-41-301; and (II) to give constructive notice of the removal to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection area, industrial protection area, or critical infrastructure materials protection area and the land removed from the relevant protection area, file a legal description of the revised boundaries of the relevant protection area with the county recorder of deeds and the affected planning commission; and (B) may not charge a fee in connection with a petition to remove land from an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area. (ii) If a petition to remove land in a protection area is granted, the remaining land in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is still an agriculture protection area, industrial protection area, or critical infrastructure materials protection area. (iii) (A) A critical infrastructure materials operator may abandon some or all of the operator's critical infrastructure materials operations use only as provided in this Subsection (2)(b)(iii). (B) To abandon some or all of a critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the county recorder of the county in which the critical infrastructure materials operations being abandoned is located. (C) The written declaration of abandonment under this Subsection (2)(b)(iii) shall specify the critical infrastructure materials operations or the portion of the critical infrastructure materials operations being abandoned. (3) (a) If a municipality annexes any land that is part of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area located in the unincorporated part of the county, the county legislative body shall, within 30 days after the land is annexed, review the feasibility of that land remaining in the relevant protection area according to the procedures and requirements of Section 17-81-207. (b) The county legislative body shall remove the annexed land from the relevant protection area if: (i) the county legislative body concludes, after the review under Section 17-81-207, that removal is appropriate; and (ii) the owners of all the annexed land that is within the relevant protection area consent in writing to the removal. (c) Removal of land from an agriculture protection area, industrial protection area, or critical infrastructure materials protection area under this Subsection (3) does not affect whether that land may be: (i) included in a proposal under Section 17-81-201 to create an agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality; or (ii) added to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality under Subsection (1). (4) A mine operator that owns or controls land within a mining protection area may remove any or all of the land from the mining protection area by filing a notice of removal with the legislative body of the county in which the land is located.
Utah Code § 17-64-304 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-304
§ 17-64-304. Chair -- Oaths -- Quorum.
Status: in_force

(1) Each legislative body shall: (a) elect a chair from the membership of the legislative body; and (b) may elect a vice chair from the membership of the legislative body. (2) (a) Except as provided in Subsection (2)(b), the chair shall preside at all meetings of the legislative body, and in case of the chair's absence or inability to act, the vice chair, if there is one, shall preside. (b) If both the chair and vice chair, if there is one, are absent or unable to act, the members present shall, by an order entered in the meeting minutes, select a temporary chair to preside at the meeting. (3) Any member of the legislative body may administer oaths to any individual when necessary in the performance of official duties. (4) Not less than a majority of members shall constitute a quorum for the transaction of business, and no act of the legislative body shall be valid or binding unless a majority of members present when a quorum is present concurs therein.
Utah Code § 17-77-301 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-301
§ 17-77-301. Local mental health authorities -- Responsibilities.
Status: in_force

(1) (a) (i) In each county other than a county described in Subsection (1)(a)(ii) or (iii), the county legislative body is the local mental health authority. (ii) In each county operating under a county executive-council form of government under Section 17-62-203, the county legislative body is the local mental health authority, except that the county executive administers any contract for plan services. (iii) In each county operating under a council-manager form of government under Section 17-62-204, the county manager is the local mental health authority. (b) Within legislative appropriations and county matching funds required by this section, under the direction of the division, each local mental health authority shall: (i) provide mental health services to individuals within the county; and (ii) cooperate with the division's efforts to promote integrated programs that address an individual's substance use, mental health, and physical healthcare needs, as described in Section 26B-5-102. (c) Within legislative appropriations and county matching funds required by this section, each local mental health authority shall cooperate with the department's efforts to promote a system of care, as defined in Section 26B-5-101, for minors with or at risk for complex emotional and behavioral needs, as described in Section 26B-5-101. (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, two or more counties may join to: (i) provide mental health prevention and treatment services; or (ii) create a united local health department that combines substance use treatment services, mental health services, and local health department services in accordance with Subsection (3). (b) The legislative bodies of counties joining to provide services may establish acceptable ways of apportioning the cost of mental health services. (c) Each agreement for joint mental health services shall: (i) (A) designate the county treasurer of one of the participating counties or another individual as the treasurer for the combined mental health authorities and as the custodian of money available for the joint services; and (B) provide that the designated county treasurer, or other disbursing officer authorized by the designated county treasurer, may make payments from the money available for the joint services upon audit of the appropriate county auditor representing the participating counties; (ii) provide for the appointment of an independent auditor or a county auditor of one of the participating counties as the designated auditing officer for the combined mental health authorities; (iii) (A) provide for the appointment of the county attorney or district attorney of one of the participating counties as the designated legal officer for the combined mental health authorities; and (B) authorize the designated legal officer to request and receive the assistance of the county or district attorneys of the other participating counties in defending or prosecuting actions within their counties relating to the combined mental health authorities; and (iv) provide for the adoption of management, clinical, financial, procurement, personnel, and administrative policies as already established by one of the participating counties or as approved by the legislative body of each participating county or interlocal board. (d) An agreement for joint mental health services may provide for: (i) joint operation of services and facilities or for operation of services and facilities under contract by one participating local mental health authority for other participating local mental health authorities; and (ii) allocation of appointments of members of the mental health advisory council between or among participating counties. (3) (a) A county governing body may elect to combine the local mental health authority with: (i) the local substance abuse authority created in Part 2, Local Substance Abuse Authorities; or (ii) the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department Act. (b) A local mental health authority that joins with a united local health department shall comply with this part. (4) (a) Each local mental health authority is accountable to the department and the state with regard to the use of state and federal funds received from the department for mental health services, regardless of whether the services are provided by a private contract provider. (b) (i) Each local mental health authority shall comply, and require compliance by the local mental health authority's contract provider, with all directives issued by the department regarding the use and expenditure of state and federal funds received from the department for the purpose of providing mental health programs and services. (ii) The department shall: (A) ensure that directives issued by the department described in Subsection (4)(b)(i) are not duplicative or conflicting; and (B) consult and coordinate with local mental health authorities with regard to programs and services. (5) (a) Each local mental health authority shall: (i) review and evaluate mental health needs and services, including mental health needs and services for: (A) an individual incarcerated in a county jail or other county correctional facility; and (B) an individual who is a resident of the county and who is court ordered to receive assisted outpatient treatment under Section 26B-5-351; (ii) in accordance with Subsections (5)(b) and (c), annually prepare and submit to the division a plan approved by the county legislative body for mental health funding and service delivery, either directly by the local mental health authority or by contract; (iii) establish and maintain, either directly or by contract, programs licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; (iv) appoint, directly or by contract, a full-time or part-time director for mental health programs and prescribe the director's duties; (v) provide input and comment on new and revised rules established by the division; (vi) establish and require contract providers to establish administrative, clinical, personnel, financial, procurement, and management policies regarding mental health services and facilities, in accordance with the rules of the division, and state and federal law; (vii) establish mechanisms allowing for direct citizen input; (viii) annually contract with the division to provide mental health programs and services in accordance with the provisions of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health; (ix) comply with all applicable state and federal: (A) statutes; (B) policies; (C) audit requirements; (D) contract requirements; and (E) any directives resulting from those audits and contract requirements; (x) provide funding equal to at least 20% of the state funds that it receives to fund services described in the plan; (xi) comply with the requirements and procedures of: (A) Title 11, Chapter 13, Interlocal Cooperation Act; (B) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts; and (C) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; (xii) take and retain physical custody of minors committed to the physical custody of local mental health authorities by a judicial proceeding under Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18; and (xiii) cooperate with the Department of Corrections to complete the requirements described in Section 64-14-204. (b) Each plan under Subsection (5)(a)(ii) shall include services for adults, youth, and children, which shall include: (i) inpatient care and services; (ii) residential care and services; (iii) outpatient care and services; (iv) 24-hour crisis care and services; (v) psychotropic medication management; (vi) psychosocial rehabilitation, including vocational training and skills development; (vii) case management; (viii) community supports, including: (A) in-home services; (B) housing; (C) family support services; and (D) respite services; (ix) consultation and education services, including: (A) case consultation; and (B) collaboration with other county service agencies, public education, and public information; (x) services to an individual incarcerated in a county jail or other county correctional facility; and (xi) services to an individual described in Subsection 64-14-204(8)(a). (c) Each plan under Subsection (5)(a)(ii) shall include, in a form and format usable by a first responder, an inclusive list of providers of mental health services for individuals within the local mental health authority's jurisdiction. (6) (a) If a local mental health authority provides for a local mental health crisis line under the plan for 24-hour crisis care and services described in Subsection (5)(b)(iv), the local mental health authority shall: (i) collaborate with the statewide mental health crisis line described in Section 26B-5-610; (ii) ensure that each individual who answers calls to the local mental health crisis line: (A) is a mental health therapist or a crisis worker; and (B) meets the standards of care and practice established by the Division of Integrated Healthcare, in accordance with Section 26B-5-610; and (iii) ensure that when necessary, based on the local mental health crisis line's capacity, calls are immediately routed to the statewide mental health crisis line to ensure that when an individual calls the local mental health crisis line, regardless of the time, date, or number of individuals trying to simultaneously access the local mental health crisis line, a mental health therapist or a crisis worker answers the call without the caller first: (A) waiting on hold; or (B) being screened by an individual other than a mental health therapist or crisis worker. (b) If a local mental health authority does not provide for a local mental health crisis line under the plan for 24-hour crisis care and services described in Subsection (5)(b)(iv), the local mental health authority shall use the statewide mental health crisis line as a local crisis line resource. (7) Before disbursing any public funds, each local mental health authority shall require that each entity that receives any public funds from a local mental health authority agrees in writing that: (a) the entity's financial records and other records relevant to the entity's performance of the services provided to the mental health authority shall be subject to examination by: (i) the division; (ii) the local mental health authority director; (iii) (A) the county treasurer and county or district attorney; or (B) if two or more counties jointly provide mental health services under an agreement under Subsection (2), the designated treasurer and the designated legal officer; (iv) the county legislative body; and (v) in a county with a county executive that is separate from the county legislative body, the county executive; (b) the county auditor may examine and audit the entity's financial and other records relevant to the entity's performance of the services provided to the local mental health authority; and (c) the entity will comply with the provisions of Subsection (4)(b). (8) (a) A local mental health authority may receive for mental health services: (i) property; (ii) grants; (iii) gifts; (iv) supplies; (v) materials; (vi) contributions; and (vii) any benefit derived from the items described in Subsections (8)(a)(i) through (vi). (b) If the items described in Subsections (8)(a)(i) through (vi) are conditioned upon their use for a specified service or program, they shall be so used. (9) Public funds received for the provision of services in accordance with the local mental health plan may not be used for any other purpose except those authorized in the contract between the local mental health authority and the provider for the provision of plan services. (10) A local mental health authority shall: (a) provide assisted outpatient treatment services to a resident of the county who has been ordered under Section 26B-5-351 to receive assisted outpatient treatment; and (b) to the extent feasible, coordinate with the Department of Corrections to ensure the continuity of mental health services for county residents who are on probation or parole.
Utah Code § 17-68-605 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-605
§ 17-68-605. County attorney to review certain county plans, county contracts -- List nonexhaustive.
Status: in_force

(1) In addition to the duties described in this chapter, the county attorney shall: (a) review and provide to the county legislative body a legal opinion, in writing, on a proposed optional plan for a form of government under Section 17-62-405; and (b) fulfill the obligations described in Section 17E-6-301 for correctional facility telephone service contracts. (2) The list of duties in this section is nonexhaustive.
Utah Code § 17-65-303 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-303
§ 17-65-303. Executive orders.
Status: in_force

(1) The county executive may issue an executive order to: (a) establish an executive policy; (b) implement an executive practice; or (c) execute a legislative policy or ordinance, as provided by statute. (2) (a) The county executive may not issue an executive order that: (i) is inconsistent with county ordinances that address the same subject as the executive order or with policies established by the county legislative body that address the same subject as the executive order; or (ii) expands or narrows legislative action taken or legislative policy issued by the county legislative body. (b) If a county legislative body adopts an ordinance or establishes a policy that conflicts with an existing executive order, the ordinance or policy adopted or established by the county legislative body supersedes the executive order. (3) Each executive order exercising supervisory power over other elected county officers shall be consistent with the authority given the county executive under Section 17-65-504.
Utah Code § 17-71-408 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-408
§ 17-71-408. Notice given by recording.
Status: in_force

(1) Each document from the time of recording gives notice to all persons of the contents of the recorded document. (2) Subsequent purchasers, mortgagees, and lien holders purchase and encumber with the same notice and effect as if the certified copy was the original document.
Utah Code § 17-76-508 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-508
§ 17-76-508. Examinations.
Status: in_force

(1) (a) An individual may not be appointed to any civil service position as a firefighter in any fire department subject to the provisions of this part until the firefighter has successfully passed an examination and been certified as eligible for consideration by the executive director. (b) Any honorably discharged veteran of the United States military service shall receive preferential employment consideration for entry into the County Fire Civil Service System. (2) All examinations shall be public, competitive, and free and fairly test the ability of applicants to discharge the duties of the position.
Utah Code § 17-78-303 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-303
§ 17-78-303. Distribution of waters -- Operation of projects.
Status: in_force

The duty of distributing the waters of and operating the flood control project when completed shall rest upon the state engineer described in Section 73-2-1, provided, that the cost of such distribution and operation of the project by the state engineer shall be borne by the county entering into the cooperative contract with the United States of America for the construction and the operation of the flood control project.
Utah Code § 17-76-214 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-214
§ 17-76-214. Leave of absence -- Sick leaves and vacations.
Status: in_force

(1) The appointing authority, with the commission's approval, may grant a peace officer a leave of absence without pay for a period not to exceed one year. (2) If a peace officer on leave takes a higher position in police work that does not come under the merit system provisions of this part, the appointing authority may, with the commission's consent, renew the leave of absence. (3) If a peace officer is elected sheriff, or is appointed chief deputy, the peace officer shall automatically be placed on a leave of absence for the period of time the peace officer remains sheriff or chief deputy. (4) Upon the termination of a leave of absence, the peace officer shall be returned to the peace officer's former position. (5) Sick leaves and vacations with pay shall be as provided by law or ordinance.
Utah Code § 17-79-103 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-103
§ 17-79-103. County standards.
Status: in_force

(1) This chapter does not prohibit a county from adopting the county's own land use standards. (2) Notwithstanding Subsection (1), a county may not impose a requirement, regulation, condition, or standard that conflicts with a provision of this chapter, Chapter 80, Counties and Housing Supply, other state law, or federal law.
Utah Code § 17-77-306 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-306
§ 17-77-306. Specified treatments prohibited -- Criminal penalties.
Status: in_force

(1) It is a class B misdemeanor to give shock treatment, lobotomy, or surgery to anyone without the written consent of the individual's next of kin or legal guardian. (2) It is a felony to give psychiatric treatment, nonvocational mental health counseling, case-finding testing, psychoanalysis, drugs, shock treatment, lobotomy, or surgery to any individual for the purpose of changing his concept of, belief about, or faith in God. (3) Services provided under this part are governed by Title 58, Chapter 67, Utah Medical Practice Act.
Utah Code § 17-64-101 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-101
§ 17-64-101. Definitions.
Status: in_force

As used in this chapter: (1) "Chair" means the member of the legislative body selected under Section 17-64-304. (2) "County officer" means the same as that term is defined in Section 17-66-101. (3) "Finance officer" means the same as that term is defined in Section 17-63-101. (4) "Legislative body" means: (a) a county commission; or (b) a county council. (5) "Member" means an individual who has been elected or appointed to serve on a legislative body. (6) "Rules of order and procedure" means a set of rules that govern and prescribe in a public meeting: (a) parliamentary order and procedure; (b) ethical behavior; and (c) civil discourse.
Utah Code § 17-79-802 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-802
§ 17-79-802. Urban development in municipal expansion area -- Requirements.
Status: in_force

(1) For purposes of this section, "urban development" means the same as that term is defined in Section 10-2-801. (2) A county legislative body may approve urban development within an adopted expansion area of a municipality if the county notifies the municipality of the proposed urban development, and: (a) the municipality consents in writing to the proposed urban development; or (b) the municipality fails to respond to the county's notification of the proposed urban development within 90 days after the day on which the county provides the notice. (3) If a municipality responds to the county's notice under Subsection (2) within 90 days after the county's notification of the proposed urban development to object to the proposed urban development, the county may approve the urban development if the county responds to the municipality's objection in writing.
Utah Code § 17-64-502 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-502
§ 17-64-502. Ordinances -- Effective dates -- Publication -- Adoption of ordinances printed in book form -- Review of nuisance ordinances.
Status: in_force

(1) The enacting clause of an ordinance adopted by the county legislative body shall be as follows: "The County Legislative Body of ______________County ordains as follows:". (2) (a) The chair shall sign, and the county clerk shall attest to, each ordinance. (b) If the legislative body votes to adopt an ordinance, county staff shall: (i) record the vote of each member in attendance and enter each vote in the minutes of the meeting; and (ii) enter the full text of the adopted ordinance in the county ordinance book. (3) (a) Except as provided in Subsection (6), no ordinance passed by the legislative body may take effect within less than 15 days after passage of the ordinance. (b) The legislative body shall, before the ordinance may take effect: (i) deposit a copy of the ordinance in the office of the county clerk; and (ii) (A) publish a short summary of the ordinance, together with a statement that a complete copy of the ordinance is available at the county clerk's office and with the name of the members voting for and against the ordinance: (I) for at least one publication in: (Aa) a newspaper published in and having general circulation in the county, if there is one; or (Bb) if there is none published in the county, in a newspaper of general circulation within the county; and (II) as required in Section 45-1-101; or (B) post a complete copy of the ordinance in nine public places within the county. (4) Any ordinance printed by authority of the legislative body in book form or electronic media, or any general revision of county ordinances printed in book form or electronic media, may be adopted by an ordinance making reference to the printed ordinance or revision if a copy of the ordinance or revision is filed in the office of the county clerk at the time of adoption for use and examination by the public. (5) If the legislative body adopts an ordinance establishing rules and regulations, printed as a code in book form or electronic media, for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other related or similar work, the legislative body may adopt the ordinance by reference to the code book if a copy of the code book is filed in the office of the county clerk at the time of the adoption of the ordinance for use and examination by the public. (6) If, in the opinion of the legislative body, an ordinance is necessary for the immediate preservation of the peace, health, or safety of the county and the county's inhabitants, the ordinance may, if clearly stated in the ordinance, take effect immediately upon publication in one issue of a newspaper published in and having general circulation in the county, if there is one, and if there is none published in the county, then immediately after posting at the courthouse door. (7) An ordinance may take effect at a later date than provided in this section, if the ordinance clearly states the later effective date. (8) An order entered in the minutes of the legislative body that an ordinance has been duly published or posted shall be prima facie proof of the publication or posting.
Utah Code § 17-70-506 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-506
§ 17-70-506. Interest in business entity doing business with county -- Disclosure.
Status: in_force

(1) An officer under this part who is an officer, director, agent, or employee, or owner of a substantial interest in a business entity that does or anticipates doing business with the county in which the officer is appointed or elected shall: (a) publicly disclose: (i) the conflict of interest to the members of the body of which the officer is a member immediately before a discussion by the body on matters relating to the business entity; and (ii) the nature of the officer's interest in the business entity; and (b) for an officer who is an elected officer, file a sworn statement describing the conflict of interest with the county clerk. (2) The public disclosure described in Subsection (1)(a) shall be entered in the minutes of the meeting where an officer makes the public disclosure. (3) A county clerk who receives the sworn statement described in Subsection (1)(b) shall: (a) post a copy of the sworn statement on the county's website; and (b) ensure that the sworn statement remains posted on the county's website until the elected officer leaves office.
Utah Code § 17-70-502 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-502
§ 17-70-502. Purposes.
Status: in_force

The purposes of this part are to: (1) establish standards of conduct for county officers and county employees; and (2) require county officers and county employees to disclose conflicts of interest between their public duties and their personal interests.
Utah Code § 17-63-711 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-711
§ 17-63-711. Transportation utility fee.
Status: in_force

(1) As used in this section: (a) "Transportation facility" means any of the items listed in Subsection 59-12-2212.2(1) as purposes for which revenue from a local option sales and use tax under Section 59-12-2212.2 may be expended. (b) "Transportation fund" means a fund described in and established under Subsection (9). (c) "Transportation utility fee" means a fee imposed to generate revenue to pay for costs associated with developing, constructing, maintaining, operating, repairing, upgrading, or replacing a transportation facility owned and operated by a county. (d) "User segment" means a segment of the county's population, or a segment of the county's industrial or commercial operations, based on a classification established under Subsection (5). (2) (a) A county may impose and collect a transportation utility fee: (i) if the county establishes a reasonable relationship between: (A) the amount of the transportation utility fee; and (B) the services provided to, the benefits received by, or the need created by those who pay the transportation utility fee; and (ii) only as provided in this section. (b) A county may impose a transportation utility fee to provide funding for any number of transportation facilities but may not have more than a single transportation utility fee in effect at a time. (3) (a) A county may not impose or increase a transportation utility fee unless the county first conducts a study as described in this Subsection (3). (b) A study under Subsection (3)(a) shall: (i) determine and provide a reasonable estimate of the need for a new transportation facility or for maintaining, operating, repairing, upgrading, or replacing an existing transportation facility; (ii) identify and provide a reasonable estimate of existing funding sources that could be used to pay for a new transportation facility or for maintaining, operating, repairing, upgrading, or replacing an existing transportation facility; (iii) explain and provide a reasonable calculation showing how existing county funding sources are inadequate to cover the cost of constructing a new transportation facility or maintaining, operating, repairing, upgrading, or replacing an existing transportation facility; (iv) determine whether the proposed transportation utility fee is reasonably related to: (A) the services provided to those who pay the transportation utility fee; (B) the benefits received by persons who pay the transportation utility fee; or (C) the need created by those who pay the transportation utility fee; (v) explain the reasonable relationship determined under Subsection (3)(a)(iv); and (vi) determine whether there is a reasonable basis for different rates within a proposed transportation utility fee based on different levels of services provided to, benefits received by, or need created by those who pay the transportation utility fee, as described in Subsection (7), and if so, explain the basis for the proposed different rates. (c) A county that conducts a study under Subsection (3)(a) shall post a copy of the study on the county's website, if the county has a website. (4) (a) In developing a fee calculation for a transportation utility fee, a county shall: (i) use methodologies based on trip generation, vehicle types, and traffic counts, including local data or standard civil engineering manuals; (ii) exclude traffic counts from whichever day of the week generates the lowest amount of traffic, on average and as best approximated with the methodologies used under Subsection (4)(a)(i), for the transportation facility or transportation facility system; and (iii) utilize the study described in Subsection (3)(a). (b) A county may not utilize a fee study or fee calculation that takes into account the ownership or fair market value of a property owned by a user that will be subject to the fee. (c) A county may utilize a fee study or fee calculation that takes the size of a property owned by a user into account to the extent that size is only used to determine trip generation, vehicle types, or traffic counts, based on objective data. (5) (a) A county shall establish different rates within a transportation utility fee for different classifications of users of a transportation facility if the rates and classifications have a reasonable basis. (b) The different types of classifications of users of a transportation facility under Subsection (5)(a) shall include, at a minimum: (i) residential users; (ii) commercial users; (iii) agricultural users; (iv) industrial users; and (v) other users. (c) A reasonable basis under Subsection (5)(a) may include: (i) different levels of benefits received by users of a transportation utility fee; (ii) different impacts on or usage of transportation facilities by those who pay the transportation utility fee; (iii) a difference in the cost of providing a transportation facility to different classifications of users; (iv) a difference in levels of risk to the operation of a transportation facility for different classifications of users; (v) differing contributions that different classifications of users make, separate from a transportation utility fee, to the cost of constructing, maintaining, or operating a transportation facility; or (vi) distinguishable differences in the needs or conditions of different classifications of users based on economic, public policy, or other identifiable elements. (d) A reasonable basis under Subsection (5)(a) may not include: (i) whether a user resides inside or outside the county boundary or on unincorporated land; (ii) a consideration of the age of development within areas with the same zoning designation; or (iii) the lack of financial contributions, or the reduced financial contributions, that a tax-exempt organization user makes to the cost of constructing, maintaining, or operating a transportation facility. (6) (a) Before adopting an ordinance imposing or increasing a transportation utility fee, the county governing body shall comply with the notice and public hearing requirements established in Sections 17-63-303 and 17-63-304. (b) (i) The governing body of a county that proposes to impose or increase a transportation utility fee shall, in addition to the notice required under Subsection (6)(a), provide notice of the proposed fee and the public hearing: (A) in a notice with the county's monthly utility bill, if the county mails or emails residents a monthly utility bill; or (B) through another primary means of communicating, if the county does not provide residents a monthly utility bill. (ii) The public hearing required for a proposal to impose or increase a transportation utility fee may be held in conjunction with a budget hearing under Part 3, Preparation and Adoption of County Budgets, but shall be separate and distinct from the budget hearing. (7) (a) A transportation utility fee may be imposed or increased only by an ordinance adopted by the county's governing body. (b) (i) Subject to Subsection (7)(b)(ii), the governing body may adopt an ordinance imposing or increasing a transportation utility fee at the same meeting in which the public body adopts the county budget. (ii) The governing body vote on the imposition or increase of a transportation utility fee shall be separate from the governing body vote on the county budget or any other item. (c) The amount of a transportation utility fee for any user segment shall be reasonably related to the services provided to, benefits received by, or need created by the user segment that pays the transportation utility fee, as determined in the study under Subsection (3). (d) (i) Revenue from a transportation utility fee may not supplant existing general fund appropriations that the county has budgeted for transportation facilities as of the date the transportation utility fee becomes effective. (ii) The limitation under Subsection (7)(d)(i) does not apply to a designated transportation facilities capital or reserve account established before the effective date of a transportation utility fee under this section. (8) (a) Simultaneously with adopting an ordinance described in Subsection (7), a county shall establish an appeals process for an individual or entity that wishes to challenge the user classification, as described in Subsection (5), the county assigns to the individual or entity. (b) As part of an appeal described in Subsection (8)(a), the individual or entity shall: (i) demonstrate why the county's assignment of a user classification to the individual or entity is not reasonable as applied to the individual or entity; and (ii) provide evidence of the individual's or entity's actual traffic count or trip generation. (c) The appeal process described in Subsection (8)(a) shall establish the individual or body at the county that shall hear and make a final decision on the appeal, which shall be: (i) the same individual or body that hears appeals related to other fee appeals, if the county has a process to appeal fees; or (ii) the governing body. (9) (a) A county that imposes a transportation utility fee shall establish a fund as provided in this Subsection (9). (b) A county shall deposit into the transportation fund all revenue from a transportation utility fee. (c) A county may not: (i) deposit into or commingle with a transportation fund any money from any other source; or (ii) use money in a transportation fund for any purpose other than to pay for the cost of: (A) the development or construction of a new transportation facility; (B) upgrading or replacing an existing transportation facility; (C) the maintenance, operation, or repair of an existing transportation facility; or (D) reasonable administrative costs associated with the transportation fund or with activities described in Subsections (9)(c)(ii)(A), (B), and (C). (d) Notwithstanding any other provision in this chapter, a county may not transfer money into a transportation fund to any other fund or to a separate account. (10) A county that imposes a transportation utility fee may charge the fee to a user annually or monthly. (11) (a) A county that imposes a transportation utility fee shall conduct an annual review of the transportation utility fee as provided in this Subsection (11) and prepare a written report of the annual review. (b) In an annual review under Subsection (11)(a), the governing body shall: (i) review the balance of the transportation fund; (ii) review the current amount of the transportation utility fee; (iii) demonstrate that there is still a reasonable relationship between the amount of the transportation utility fee and the transportation services provided to, benefits received by, or need created by those who pay the fee; (iv) consider other possible revenue sources that the county could use for transportation facilities instead of a transportation utility fee; (v) ensure that the county is complying with Subsection (7)(d); and (vi) demonstrate that revenue from the transportation utility fee continues to be needed to provide a transportation facility that the county could not otherwise provide from other existing revenue sources. (c) (i) A county shall submit a copy of the written report under Subsection (11)(a) to the state auditor. (ii) A county may fulfill the requirement of Subsection (11)(c)(i) by submitting the written report as part of the county's annual financial reports submitted to the state auditor. (12) (a) A transportation utility fee imposed under this section expires 10 years after the effective date of the ordinance imposing the transportation utility fee. (b) The 10-year period described in Subsection (12)(a) begins again with any subsequent adoption of any ordinance imposing a transportation utility fee after the initial adoption of an ordinance imposing a transportation utility fee. (13) An ordinance imposing a transportation utility fee is subject to local referenda as provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures. (14) A county that, before May 6, 2026, imposes a fee to pay for a transportation facility shall, no later than July 1, 2027: (a) ensure that requirements of this section have been complied with for the fee that the city imposes; or (b) repeal the fee. (15) (a) Nothing in this section precludes or abrogates the property tax exemptions provided for in Utah Constitution, Article XIII, Section 3. (b) To the extent that a court determines a transportation utility fee is a property tax for purposes of Utah Constitution, Article XIII, Section 3, a county may not require a person to pay that transportation utility fee with respect to property or the use of property that is exempt from property tax under Utah Constitution, Article XIII, Section 3.
Utah Code § 17-65-304 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-304
§ 17-65-304. Examination and audit of accounts.
Status: in_force

(1) The county executive may examine and audit the accounts of all officers having the care, management, collection, or disbursement of money belonging to the county or appropriated by law or otherwise for the county's use and benefit. (2) (a) Subject to Subsection (2)(b), the county's finance officer shall reply to each request for financial information by a county executive within five business days after the day on which the finance officer receives the request. (b) If a request for financial information requires an extended time period to research and compile, the county's finance officer shall provide written notice to the county executive that includes: (i) an explanation for the delay; and (ii) the date when the information will be provided to the county executive. (3) Nothing in this section may be construed to affect a county auditor's authority under Chapter 69, County Auditor.
Utah Code § 17-74-103 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-103
§ 17-74-103. Seal of county treasurer.
Status: in_force

(1) The county treasurer of each county shall have an official seal to be provided by the county legislative body with which the county treasurer shall authenticate official acts and records. (2) The seal described in Subsection (1) shall have inscribed thereon: (a) the words "County Treasurer -- Official Seal"; and (b) the name of the county in which the treasurer holds office.
Utah Code § 17-61-203 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-203
§ 17-61-203. Governor's proclamation -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
Status: in_force

(1) Upon receipt of the election result from the lieutenant governor under Section 17-61-202, the governor shall issue a proclamation, stating: (a) the result of the vote in the originating county and the consolidating county; and (b) that the consolidation of the originating county with the consolidating county will take effect as provided in Subsection (3). (2) The legislative body of the consolidating county shall: (a) within 30 days after the issuance of the governor's proclamation under Subsection (1), send to the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (b) upon the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5, submit to the recorder of the consolidating county: (i) the original notice of an impending boundary action; (ii) the original certificate of consolidation; (iii) the original approved final local entity plat; and (iv) a certified copy of the governor's proclamation under Subsection (1). (3) (a) A consolidation of counties approved at an election under Section 17-61-201 takes effect on January 1 of the year immediately following the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5. (b) (i) The effective date of a consolidation of counties for purposes of assessing property within the consolidating county is governed by Section 59-2-305.5. (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the county in which the property is located, a consolidating county may not: (A) levy or collect a property tax on property in the consolidating county that used to be in the originating county; (B) levy or collect an assessment on property in the consolidating county that used to be in the originating county; or (C) charge or collect a fee for service provided to property within the consolidating county that used to be in the originating county.
Utah Code § 17-74-101 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-101
§ 17-74-101. Definitions.
Status: in_force

As used in this chapter: (1) "Finance officer" means the same as that term is defined in Section 17-66-101. (2) "Warrant" means the same as that term is defined in Section 17-63-101.
Utah Code § 17-60-507 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-507
§ 17-60-507. Private employee benefit requirements prohibited -- Exception.
Status: in_force

(1) For the purpose of this section: (a) "Accident and health insurance" is as defined in Section 31A-1-301. (b) "Employee" means an individual employed by an employer. (c) "Employee benefit" means one or more benefits or services provided to: (i) an employee; or (ii) a dependent of an employee. (d) "Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. (e) "Insurance" is as defined in Section 31A-1-301. (f) "Life insurance" is as defined in Section 31A-1-301. (2) A county may not enact or enforce an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit, including: (a) accident and health insurance; (b) life insurance; (c) sick leave; or (d) family medical leave. (3) Nothing in this section prohibits a county from considering an employee benefit described in Subsection (2) among other criteria when issuing a request for proposals.
Utah Code § 17-81-304 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-304
§ 17-81-304. Public nuisance ordinances.
Status: in_force

(1) A political subdivision shall ensure that any of the political subdivision's laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition: (a) for an agriculture protection area, any agricultural activity or operation within an agriculture protection area conducted using sound agricultural practices unless that activity or operation bears a direct relationship to public health or safety; (b) for an industrial protection area, any industrial use of the land within the industrial protection area that is consistent with sound practices applicable to the industrial use, unless that use bears a direct relationship to public health or safety; or (c) for a critical infrastructure materials protection area, any critical infrastructure materials operations on the land within the critical infrastructure materials protection area that is consistent with sound practices applicable to the critical infrastructure materials operations, unless that use bears a direct relationship to public health or safety. (2) (a) For an agricultural protection area, an ordinance of a political subdivision does not apply to an agricultural operation that is conducted in the normal and ordinary course of an agricultural operation or conducted in accordance with sound agricultural practices if that ordinance: (i) would make the agricultural operation, or appurtenances to the agricultural operation, a public nuisance; or (ii) provides for abatement of the agricultural operation as a public nuisance. (b) An agricultural operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, is presumed to be operating within sound agricultural practices. (3) (a) A vested mining use undertaken in conformity with applicable federal and state law and regulations is presumed to be operating within sound mining practices. (b) A vested mining use that is consistent with sound mining practices: (i) is presumed to be reasonable; and (ii) may not constitute a private nuisance or public nuisance under Title 78B, Chapter 6a, Civil Actions for Nuisances, or a public nuisance under Section 76-9-1301. (c) A vested mining use in operation for more than three years may not be considered to have become a private or public nuisance because of a subsequent change in the condition of land within the vicinity of the vested mining use. (4) The county recorder shall, from time to time, ensure compliance with Section 17-79-716 in regard to subdivision development near a protection area.
Utah Code § 17-81-207 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-207
§ 17-81-207. Review of protection areas.
Status: in_force

(1) In the 20th calendar year after the creation of a protection area under this part, an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall be reviewed, under the provisions of this section, by: (a) the county legislative body, if the relevant protection area is within the unincorporated part of the county; or (b) the municipal legislative body, if the relevant protection area is within the municipality. (2) (a) In the 20th year, the applicable legislative body may: (i) request the planning commission and advisory board to submit recommendations about whether the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, should be continued, modified, or terminated; (ii) at least 120 days before the end of the calendar year, hold a public hearing to discuss whether the relevant protection area, should be continued, modified, or terminated; (iii) give notice of the hearing using the same procedures required by Section 17-81-202; and (iv) after the public hearing, continue, modify, or terminate the relevant protection area. (b) If the applicable legislative body modifies or terminates the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the applicable legislative body shall file an executed document containing the legal description of the relevant protection area, with the county recorder. (3) If the applicable legislative body fails affirmatively to continue, modify, or terminate the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, in the 20th calendar year, the relevant protection area is considered to be reauthorized for another 20 years.
Utah Code § 17-65-301 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-301
§ 17-65-301. General powers, duties, and functions.
Status: in_force

(1) The elected county executive is the chief executive officer of the county. (2) Each county executive shall exercise all executive powers, have all executive duties, and perform all executive functions of the county, including those enumerated in this chapter, except as expressly provided otherwise in statute and except as contrary to the powers, duties, and functions of other county officers expressly provided for in: (a) Chapter 66, County Officers and Officials Generally; (b) Chapter 67, County Assessor; (c) Chapter 68, County and District Attorney; (d) Chapter 69, County Auditor; (e) Chapter 70, County Clerk; (f) Chapter 71, County Recorder; (g) Chapter 72, County Sheriff; (h) Chapter 73, County Surveyor; and (i) Chapter 74, County Treasurer. (3) A county executive may take any action required by law and necessary to the full discharge of the executive's duties, even though the action is not expressly authorized in statute.
Utah Code § 17-75-502 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-502
§ 17-75-502. Career service -- Exempt positions.
Status: in_force

(1) The career service: (a) is a permanent service to which this part applies; and (b) comprises all tenured county positions in the public service, except: (i) subject to Subsection (2): (A) the county executive, members of the county legislative body, and other elected officials; and (B) each major county department head charged directly by the county legislative body, or by a board appointed by the county legislative body, with the responsibility of assisting to formulate and carry out policy matters; (ii) one confidential administrative assistant for each elected county officer and major county department head, if a confidential administrative assistant is assigned; (iii) an administrative assistant to the county executive, each member of the county legislative body, and each elected official, if an administrative assistant is assigned; (iv) each duly appointed chief deputy of any elected county officer who takes over and discharges the duties of the elected county officer in the absence or disability of the elected county officer; (v) subject to Subsection (3), an individual who is: (A) appointed by an elected county officer to be a division director, to administer division functions in furtherance of the performance of the elected officer's professional duties; (B) in a confidential relationship with the elected county officer; and (C) not in a law enforcement rank position of captain or below; (vi) each person employed to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the county legislative body or one of its committees; (vii) each noncareer employee: (A) compensated for the employee's services on a seasonal or contractual basis; and (B) hired on emergency or seasonal appointment basis, as approved by the council; (viii) each provisional employee, as defined by the county's policies and procedures or personnel rules; (ix) each part-time county employee, as defined by the county's policies and procedures or personnel rules; (x) each county employee appointed to perform: (A) work that does not exceed three years in duration; or (B) work with limited funding; and (xi) each county position that, by the position's confidential or key policy-determining nature, cannot or should not be appropriately included in the career service. (2) (a) Subject to Subsection (2)(b), before a position under Subsection (1)(b)(i) may be changed from the position's current status to exempt or tenured, the legislative body shall, after giving due notice, hold a public hearing on the proposed change of status. (b) A legislative body may change a position under Subsection (2)(a) only after the position becomes vacant. (3) (a) Subsection (1)(b)(v) may not be construed to cause an individual serving as a nonexempt county employee on May 5, 2008, in a position described in that subsection to lose the nonexempt status. (b) The elected county officer in a supervisory position over a county employee described in Subsection (3)(a) shall work with the county's office of personnel management to develop financial and other incentives to encourage a nonexempt employee to convert voluntarily to exempt status. (4) (a) County policies made in conformity with this part shall list by job title and county department, office or agency, each position designated as exempt under Subsection (1)(b)(xi). (b) A change in exempt status of a position designated as being exempt under Subsection (1)(b)(xi) constitutes an amendment to the personnel rules made under this chapter.
Utah Code § 17-79-712 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-712
§ 17-79-712. Land use authority approval of vacation or amendment of plat -- Recording the amended plat.
Status: in_force

(1) The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that: (a) there is good cause for the vacation or amendment; and (b) no public street or county utility easement has been vacated or amended. (2) (a) The land use authority shall ensure that the amended plat showing the vacation or amendment is recorded in the office of the county recorder in which the land is located. (b) If the amended plat is approved and recorded in accordance with this section, the recorded plat shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land. (3) (a) A legislative body may vacate a subdivision or a portion of a subdivision by recording in the county recorder's office an ordinance describing the subdivision or the portion being vacated. (b) The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance. (4) An amended plat may not be submitted to the county recorder for recording unless it is: (a) signed by the land use authority; and (b) signed, acknowledged, and dedicated by each owner of record of the portion of the plat that is amended. (5) A management committee may sign and dedicate an amended plat as provided in Title 57, Chapter 8, Condominium Ownership Act. (6) A plat may be corrected as provided in Section 57-3-106.
Utah Code § 17-74-501 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-501
§ 17-74-501. Deposit of certain funds.
Status: in_force

(1) The county treasurer shall deposit: (a) 100% of the rollback tax funds into an account or fund of the county set aside for preserving or restoring open land and agricultural land, as described in Section 17-81-501; (b) funds received from the county surveyor into the Public Land Corner Preservation Fund, as described in Section 17-63-710; and (c) funds received under Section 17-66-303. (2) The list of required deposits in this section is nonexhaustive.
Utah Code § 17-70-508 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-508
§ 17-70-508. Rescission of prohibited transaction.
Status: in_force

If a transaction is entered into in connection with a violation of Section 17-70-505, the county may rescind or void a contract or subcontract entered into pursuant to that transaction without returning any part of the consideration received by the county.