Utah Code § 17-81-701 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-701
§ 17-81-701. Vested critical infrastructure materials use-- Presumption.
Status: in_force

(1) (a) A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use as defined in Section 17-81-101. (b) A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established. (2) A vested critical infrastructure materials use: (a) runs with the land; and (b) may be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use. (3) The present or future boundary of the critical infrastructure materials use of a critical infrastructure materials operator with a vested critical infrastructure materials use does not limit: (a) the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or (b) the protection for a critical infrastructure materials protection area. (4) (a) A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located. (b) A declaration under Subsection (4)(a) shall: (i) contain a legal description of the land included within the vested critical infrastructure materials use; and (ii) provide notice of the vested critical infrastructure materials use.
Utah Code § 17-66-201 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-201
§ 17-66-201. Eligibility and residency requirements for county office -- Election of county officer to consolidated office.
Status: in_force

(1) An individual filing a declaration of candidacy for a county officer enumerated in Section 17-66-102 or any other county elected official established by law shall: (a) be a United States citizen; (b) except as provided in Section 20A-1-509.2 with respect to the office of county attorney or district attorney, as of the date of the election, have been a resident for at least one year of the county, district, precinct, or prosecution district in which the individual seeks office; (c) be a registered voter in the county, district, precinct, or prosecution district in which the individual seeks office; (d) if the individual is filing a declaration of candidacy for the office of county auditor in a county of the first class, meet the qualifications described in Section 17-69-202; and (e) if the individual is filing a declaration of candidacy for the office of county assessor, meet the qualifications for filing described in Section 17-67-201. (2) (a) A county, district, precinct, or prosecution district officer shall maintain residency within the county, district, precinct, or prosecution district in which the officer was elected during the officer's term of office. (b) If a county, district, precinct, or prosecution district officer establishes the officer's principal place of residence as provided in Section 20A-2-105 outside the county, district, precinct, or prosecution district in which the officer was elected, the office is automatically vacant. (3) When county offices are consolidated, as described in Section 17-66-104: (a) only one individual shall be elected to fill the consolidated offices; and (b) the individual elected shall: (i) take the oath required for each of the offices; (ii) obtain the crime insurance required for each of the offices, as established under Section 17-66-105; and (iii) discharge all the duties of each of the offices.
Utah Code § 17-72-403 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-403
§ 17-72-403. Special guards for county jail.
Status: in_force

(1) The sheriff when necessary may with the assent of the county executive employ a temporary guard for the protection of the county jail, or for the safekeeping of prisoners. (2) The expenses of a temporary guard employed under Subsection (1) shall be a county charge.
Utah Code § 17-74-402 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-402
§ 17-74-402. Monthly reconciliation with county auditor -- Assistance to county auditor in making reports.
Status: in_force

(1) The county treasurer shall reconcile with the county finance officer by the last day of each month for the preceding month. (2) The county treasurer shall assist the county finance officer to fulfill the reporting obligations described in Section 17-69-403.
Utah Code § 17-79-619 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-619
§ 17-79-619. Digital asset mining -- Zoning restrictions.
Status: in_force

(1) As used in this section: (a) "Digital asset" means the same as that term is defined in Section 7-29-101. (b) "Digital asset mining" means using computer hardware and software specifically designed or utilized for validating data and securing a blockchain network. (c) "Digital asset mining business" means a group of computers working at a single site that: (i) consumes more than one megawatt of energy on an average annual basis; and (ii) operates for the purpose of generating blockchain tokens by securing a blockchain network. (2) A county may not enact an ordinance, resolution, or rule that: (a) for digital asset mining businesses located in unincorporated areas zoned for industrial use, imposes sound restrictions on digital asset mining businesses that are more stringent than the generally applicable limits set for industrial-zoned areas; or (b) prevents a digital asset mining business from operating in an unincorporated area zoned for industrial use if the digital asset mining business meets other requirements for industrial use.
Utah Code § 17-78-601 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-601
§ 17-78-601. County legislative body to determine whether to contract with constables -- Contract requirements.
Status: in_force

(1) Beginning January 1, 2027, a county may not contract with a constable who is not licensed under Title 58, Chapter 91, Constables Licensing Act. (2) To select a constable for a county contract, the legislative body of a county of the first or second class shall establish a nominating commission. (a) The county nominating commission shall consist of: (i) one member of the county legislative governing body or the member's designee; (ii) one judge or the judge's designee; (iii) the county attorney or the county attorney's designee; (iv) the district attorney or the district attorney's designee; (v) the sheriff of the county or the sheriff's designee; and (vi) one private citizen. (b) The nominating commission described in this Subsection (2) shall review each applicant's credentials and, by majority vote, recommend to the legislative governing body of the county the nominees the nominating commission finds most qualified. (c) The county legislative body shall either select or reject any nominee that the nominating commission recommends under Subsection (2)(b). (3) The legislative body of a county of the third, fourth, fifth, or sixth class may select a constable on a recommendation from: (a) the county sheriff and the county attorney; or (b) the chief of police. (4) A county legislative body that selects a constable under this section shall issue to the constable a contract including, at minimum, the following provisions: (a) the scope of the services the county seeks from the constable, including any deputy constables the constable hires in accordance with Section 17-78-602; (b) the circumstances in which the county shall indemnify the constable and deputy constables, if any; (c) the circumstances in which the constable shall indemnify the county, if any; (d) that the county may cancel the contract for cause at any time and shall cancel the contract if: (i) the constable's peace officer certification is suspended or revoked under Section 53-6-211; or (ii) beginning January 1, 2027, the constable's license is suspended or revoked by the Division of Professional Licensing in accordance with the provisions of Title 58, Chapter 91, Constables Licensing Act; (e) the minimum levels of insurance coverage the county requires the constable to carry; (f) whether the county requires the constable to provide a bond, and if so, at what level; (g) the remuneration owed to the constable under the contract for services rendered to the county, if different than the fees described in this part or not otherwise set in county ordinance; and (h) a maximum term of four years. (5) A contract described in Subsection (4) may be renewed or extended by written amendment for up to four years per written amendment. (6) If a county and an appointed constable fail to negotiate and execute a contract in accordance with this section, the constable may not fulfill the duties described in this part for the county. (7) If a county terminates a contract described in Subsection (4), the county shall notify the Division of Professional Licensing. (8) Contracting for constable services does not constitute a procurement and a county that issues a contract to a constable as described in this part is not required to comply with procurement processes described in Section 17-63-506 in regard to that contract.
Utah Code § 17-81-301 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-301
§ 17-81-301. Farmland Assessment Act benefits not affected.
Status: in_force

(1) Creation of an agriculture protection area may not impair the ability of land within the area to obtain the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act. (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, shall be determined exclusively by the provisions of that act, notwithstanding the land's location within an agriculture protection area.
Utah Code § 17-63-103 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-103
§ 17-63-103. Unlawful liabilities void.
Status: in_force

Each contract, authorization, allowance, payment, and purported liability made or attempted to be made in regard to a county in violation of this chapter: (1) is void; and (2) may not be the foundation or basis of a claim against the county.
Utah Code § 17-79-713 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-713
§ 17-79-713. Petition to vacate a public street.
Status: in_force

(1) In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 17-79-703 through 17-79-712, a legislative body may approve a petition to vacate a public street in accordance with this section. (2) A petition to vacate some or all of a public street or county utility easement shall include: (a) the name and address of each owner of record of land that is: (i) adjacent to the public street or county utility easement between the two nearest public street intersections; or (ii) accessed exclusively by or within 300 feet of the public street or county utility easement; (b) proof of written notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or county utility easement sought to be vacated; and (c) the signature of each owner under Subsection (2)(a) who consents to the vacation. (3) If a petition is submitted containing a request to vacate some or all of a public street or county utility easement, the legislative body shall hold a public hearing in accordance with Section 17-79-208 and determine whether: (a) good cause exists for the vacation; and (b) the public interest or any person will be materially injured by the proposed vacation. (4) The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or county utility easement if the legislative body finds that: (a) good cause exists for the vacation; and (b) neither the public interest nor any person will be materially injured by the vacation. (5) If the legislative body adopts an ordinance vacating some or all of a public street or county utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located: (a) a plat reflecting the vacation; or (b) (i) an ordinance described in Subsection (4); and (ii) a legal description of the public street to be vacated. (6) The action of the legislative body vacating some or all of a public street or county utility easement that has been dedicated to public use: (a) operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county's fee in the vacated street, right-of-way, or easement; and (b) may not be construed to impair: (i) any right-of-way or easement of any parcel or lot owner; (ii) the rights of any public utility; or (iii) the rights of a culinary water authority or sanitary sewer authority. (7) (a) A county may submit a petition, in accordance with Subsection (2), and initiate and complete a process to vacate some or all of a public street. (b) If a county submits a petition and initiates a process under Subsection (7)(a): (i) the legislative body shall hold a public hearing; (ii) the petition and process may not apply to or affect a public utility easement, except to the extent: (A) the easement is not a protected utility easement as defined in Section 54-3-27; (B) the easement is included within the public street; and (C) the notice to vacate the public street also contains a notice to vacate the easement; and (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat. (8) A legislative body may not approve a petition to vacate a public street under this section unless the vacation identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the public street.
Utah Code § 17-64-504 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-504
§ 17-64-504. Administrative hearings and procedures -- Penalty for code violation.
Status: in_force

(1) A legislative body may adopt an ordinance establishing an administrative hearing process to review and decide matters relating to the violation, enforcement, or administration of a county civil ordinance, including an ordinance related to the following: (a) a building code; (b) planning and zoning; (c) animal control; (d) licensing; (e) health and safety; (f) county employment; or (g) sanitation. (2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate due process protections for a party participating in an administrative hearing. (3) An administrative hearing held in accordance with an ordinance described in Subsection (1) may be conducted by an administrative law judge. (4) A county may not impose a civil penalty and adjudication for the violation of a county moving traffic ordinance. (5) (a) A county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county provides to the individual who is subject to the penalty written notice that: (i) identifies the relevant regulation or ordinance at issue; (ii) specifies the violation of the relevant regulation or ordinance; and (iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation. (b) A county may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the county imposed the outstanding or pending penalty in relation to a written notice that: (i) identified the relevant regulation or ordinance at issue; (ii) specified the violation of the relevant regulation or ordinance; and (iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.
Utah Code § 17-62-303 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-303
§ 17-62-303. Registered voter initiation of adoption of optional plan -- Certification of petition signatures -- Removal of signature -- Procedure.
Status: in_force

(1) (a) Registered voters of a county may initiate the process of adopting an optional plan by filing with the county clerk a notice of intent to gather signatures for a petition: (i) for the establishment of a study committee described in Section 17-62-402; or (ii) to adopt an optional plan that: (A) accompanies the petition during the signature gathering process and accompanies the petition in the submission to the county clerk under Subsection (2)(b); and (B) complies with the requirements described in Sections 17-62-403 and 17-62-404. (b) A notice of intent described in Subsection (1)(a) shall: (i) designate five sponsors for the petition; (ii) designate a contact sponsor to serve as the primary contact for the petition sponsors; (iii) list the mailing address and telephone number of each of the sponsors; and (iv) be signed by each of the petition sponsors. (c) Registered voters of a county may not file a notice of intent to gather signatures in bad faith. (d) The first page of a petition described in this section shall include the following statement in at least the same size type as the majority of the other statements on the page:"WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDSIf you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record." (2) (a) The sponsors of a petition may circulate the petition after filing a notice of intent to gather signatures under Subsection (1). (b) (i) Except as provided in Subsection (2)(b)(ii), the petition is valid if the petition contains the number of legal signatures required under Subsection 20A-7-501(2). (ii) For a county of the fifth or sixth class, the petition is valid if the petition contains at least the number of legal signatures equal to 30% of the number of active voters, as defined in Section 20A-7-501, in the county. (iii) The county clerk may not count a signature that was collected for the petition before the petition sponsors filed a notice of intent under Subsection (1)(a). (iv) Notwithstanding any other provision of law, an individual may not sign a petition circulated under this section by electronic signature as defined in Section 20A-1-202. (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit the completed petition and any amended or supplemental petition described in Subsection (4) with the county clerk no later than 180 days after the day on which the sponsors file the notice described in Subsection (1). (d) (i) Within 30 days after the day on which the sponsors submit a petition, the sponsors shall submit financial disclosures to the county clerk that include: (A) a list of each contribution received by the sponsors and the name of the donor; and (B) a list of each expenditure for purposes of furthering or sponsoring the petition and the recipient of each expenditure. (ii) The county clerk shall publish the financial disclosures described in Subsection (2)(d)(i). (iii) All sponsors of a petition shall date and sign each list described in Subsection (2)(d)(i). (3) Within 30 days after the day on which the sponsors submit a petition under Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county clerk shall: (a) (i) use the procedures described in Section 20A-1-1002 to determine whether a signer is a registered voter; and (ii) determine whether the petition or amended or supplemental petition has been signed by the required number of registered voters; (b) (i) if the petition was signed by a sufficient number of registered voters: (A) certify the petition; (B) deliver the petition to the county legislative body and county executive; and (C) notify the contact sponsor in writing of the certification; or (ii) if the petition was not signed by a sufficient number of registered voters: (A) reject the petition; and (B) notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection; and (c) for a petition described in Subsection (1)(a)(ii), no later than 10 days after the day on which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk shall send a copy of the optional plan that accompanied the petition to the county attorney for review in accordance with Section 17-62-405. (4) The sponsors of a petition circulated under this section may submit supplemental signatures for the petition: (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and (b) before the earlier of: (i) the deadline described in Subsection (2)(c); or (ii) 20 days after the day on which the county clerk rejects the petition under Subsection (3)(b)(ii). (5) With the unanimous approval of petition sponsors, a petition filed under this section may be withdrawn at any time within 90 days after the day on which the county clerk certifies the petition under Subsection (3)(b)(i) and no later than 45 days before an election under Section 17-62-501 if the petition included a notification to petition signers, in conspicuous language and in a conspicuous location, that the petition sponsors are authorized to withdraw the petition. (6) (a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the sponsors submit the petition to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. (b) A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
Utah Code § 17-76-212 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-212
§ 17-76-212. Temporary layoffs -- Reemployment register.
Status: in_force

(1) A peace officer may be temporarily laid off: (a) when the appointing authority determines it is necessary because of lack of funds or work; and (b) with the commission's approval. (2) A layoff described in Subsection (1) shall be made according to the lowest rating of the peace officers of the class of position affected, calculated upon seniority under a method prescribed by the commission. (3) An individual serving under temporary or emergency appointment shall be laid off before any merit system officer. (4) A merit system officer who is laid off shall be placed upon a reemployment register to be re-employed in the inverse order in which the merit system officer is laid off, which reemployment register shall take precedence over all eligible registers.
Utah Code § 17-61-401 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-401
§ 17-61-401. Creating a new county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballots.
Status: in_force

(1) (a) Whenever a voter desires to have the territory within which the voter resides created into a new county, the voter may file a petition for the creation of a new county with the county legislative body of the seceding county in which the voter resides as described in this section. (b) The first page of a petition described in this section shall include the following statement in at least the same size type as the majority of the other statements on the page:"WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDSIf you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record." (2) (a) The petition described in Subsection (1) shall: (i) propose the name and define the boundaries of the new county; and (ii) be signed: (A) by at least one-fourth of the voters residing in the portion of the seceding county proposed to be created into a new county; and (B) by no less than one-fourth of the voters residing in the remaining portion of the seceding county. (b) If a petition proposes to take territory from more than one seceding county, the requirements of Subsection (2)(a)(ii) apply to each seceding county affected by the petition. (c) The number of voters residing in a portion of the county is the same as the number of active voters, as defined in Section 20A-7-501, for that area. (3) A voter shall file a petition for the creation of a new county on or before the first Monday in May of any year with the county legislative body of the seceding county. (4) (a) Within three business days after the day on which a county legislative body receives a petition, the county legislative body shall provide the petition to the county clerk. (b) Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (4)(a), the county clerk shall: (i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); (ii) certify on the petition whether each name is that of a registered voter in the seceding county; and (iii) deliver the certified petition to the county legislative body. (5) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed. (b) A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature. (6) The seceding county legislative body shall cause the proposition to be submitted to the voters residing in the seceding county at a special election to be held according to the dates established in Section 20A-1-204, first causing 30 days' notice of the election to be given in the manner provided by law for giving notice of general elections. (7) The county clerk shall ensure that the special election is held, the result canvassed, and returns made under the provisions of the general election laws. (8) The form of ballot to be used at the special election shall be:For the creation of (supplying the name proposed) county.Against the creation of (supplying the name proposed) county. (9) (a) Subject to Subsection (9)(b), the expenses of any special election described in this section shall be paid out of the general fund of the seceding county. (b) If the voters approve the creation of the new county, the new county shall reimburse the seceding county for half of the cost of the special election within one year of the effective date of the new county from the general fund of the new county.
Utah Code § 17-63-506 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-506
§ 17-63-506. County legislative body may adopt Utah Procurement Code -- Retention of records.
Status: in_force

(1) A county legislative body may adopt any or all of the provisions of Title 63G, Chapter 6a, Utah Procurement Code, or the rules made under the authority of Utah Procurement Code, as described in Section 63G-6a-107.4. (2) Whenever any county is required by law to receive bids for purchases, construction, repairs, or any other purpose requiring the expenditure of funds, that county shall keep on file all bids received, together with proof of advertisement by publication or otherwise, for: (a) at least three years after issuing any contract to one or more responsive bidders; or (b) three years following the first advertisement for the bids, if all bids received for that advertisement are rejected.
Utah Code § 17-63-503 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-503
§ 17-63-503. Warrants -- Payment -- Registration -- Duty of auditor.
Status: in_force

(1) Warrants drawn by order of the county executive on the county treasurer for current expenses during each year shall specify: (a) the liability for which the warrant is drawn; (b) when the liability accrued; and (c) the funds from which the warrant is to be paid. (2) Warrants shall be paid in the order of presentation to the treasurer. (3) If a fund is insufficient to pay any warrant, the warrant shall be registered and then paid in the order of registration. (4) Accounts for county charges of every description shall be presented to the county auditor or county finance officer and county executive to be audited as prescribed in this chapter or Chapter 69, County Auditor.
Utah Code § 17-76-211 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-211
§ 17-76-211. Temporary appointment -- Emergency appointment.
Status: in_force

(1) An appointing authority may make a temporary appointment for a period not exceeding 60 days, pending examination, when there is no existing eligible, promotion, or re-employment register. (2) (a) An appointing authority may make an emergency appointment for a period not exceeding seven days. (b) With the commission's consent, the appointing authority may extend an emergency appointment one time, for an additional period not to exceed seven days, if: (i) an eligible applicant is not immediately available from an existing eligible register, promotion register described in Section 17-76-210, or reemployment register described in Section 17-76-212; and (ii) the work to be performed is necessary to expedite the public business.
Utah Code § 17-79-1010 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-1010
§ 17-79-1010. Consent agreement.
Status: in_force

(1) A legislative body may, by resolution or ordinance, settle litigation initiated under Section 17-79-1009 regarding a land use decision with a property owner through a consent agreement. (2) A legislative body shall approve the consent agreement under Subsection (1) in a public meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act. (3) A legislative body is not required to present to a planning commission on any matter covered by a consent agreement.
Utah Code § 17-72-803 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-803
§ 17-72-803. Notification requirements to state agencies concerning potential inmate debts.
Status: in_force

(1) Beginning on January 1, 2027, a county jail is required to notify the Office of State Debt Collection, the State Tax Commission, and the Office of Recovery Services: (a) within five business days after the day on which a prisoner has been incarcerated in the county jail for 90 consecutive days; and (b) if a prisoner has been incarcerated in the county jail for more than 90 consecutive days, within five business days after the day on which a prisoner is released from the county jail. (2) The notification described in Subsection (1) shall include: (a) the relevant dates of the prisoner's incarceration and identifying information concerning the prisoner's identity; and (b) whether the prisoner's incarceration is based on: (i) criminal non-payment of a child support order; or (ii) an offense against the prisoner's child or custodial parent of the prisoner's child. (3) The requirement described in Subsection (1)(a) does not apply if a court, another county jail, the Department of Corrections, or another entity already has notified the Office of State Debt Collection, the State Tax Commission, and the Office of Recovery Services as described in Subsection (1) about the inmate's incarceration. (4) The requirement described in Subsection (1)(b) does not apply if an inmate is transferred to a different county jail or another incarcerated setting for the purpose of continued incarceration.
Utah Code § 17-76-213 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-213
§ 17-76-213. Transfer of merit system officer.
Status: in_force

A merit system officer may be transferred, without examination, from one position to a similar position in the same class and grade in the same governmental unit.
Utah Code § 17-67-301 — Utah Code / Title 17 / Chapter 17-67 / § 17-67-301
§ 17-67-301. Duties of assessor.
Status: in_force

The assessor, in cooperation with the State Tax Commission, shall: (1) perform the duties required in Title 59, Chapter 2, Part 13, Collection of Taxes, except those duties that have been reassigned to the treasurer in an ordinance adopted under Section 17-74-102; and (2) perform any other duties required by law.
Utah Code § 17-78-706 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-706
§ 17-78-706. Tourism tax advisory boards.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), any county that collects the following taxes shall operate a tourism tax advisory board: (i) the tax allowed under Section 59-12-301; or (ii) the tax allowed under Section 59-12-603. (b) Notwithstanding Subsection (1)(a), a county is exempt from Subsection (1)(a) if the county has an existing board, council, committee, convention visitor's bureau, or body that substantially conforms with Subsections (2), (3), and (4). (2) A tourism tax advisory board created under Subsection (1) shall consist of at least five members. (3) (a) A tourism tax advisory board shall be composed of the following members that are residents of the county: (i) a majority of the members shall be current employees of entities in the county that are subject to the taxes referred to in Section 59-12-301 or 59-12-603; and (ii) at least two of the board's membership shall be employees of recreational facilities, convention facilities, museums, cultural attractions, or other tourism related industries located within the county. (b) A tourism tax advisory board may add additional members to the board, including board members who represent the interests of municipalities in the county. (c) If a county generates 50% or more of the county's revenue generated by the imposition of a tax described in Subsection (1)(a)(i) within one municipality in the county, the tourism tax advisory board for that county shall include a board member to represent the interests of the municipality. (4) (a) Each tourism tax advisory board shall advise the county legislative body on the best use of revenues collected from the tax allowed under Section 59-12-301 by providing the legislative body with a priority listing for proposed expenditures based on projected available tax revenues supplied to the board by the county legislative body on an annual basis. (b) Each tourism tax advisory board in a county operating under the county commission form of government under Section 17-62-201 or the expanded county commission form under Section 17-62-202 shall advise the county legislative body on the best use of revenues collected from the tax allowed under Section 59-12-603 by providing the legislative body with a priority listing for proposed expenditures based on projected available tax revenues supplied to the board by the county legislative body on an annual basis. (5) A member of any county tourism tax advisory board: (a) may not receive compensation or benefits for the member's services; and (b) may receive per diem and travel expenses incurred in the performance of the member's official duties, in accordance with Section 11-55-103.
Utah Code § 17-78-1005 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-1005
§ 17-78-1005. Prohibition on licensing or certification of child care programs.
Status: in_force

(1) (a) As used in this section, "child care program" means a child care facility or program operated by a person who holds a license or certificate from the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing. (b) "Child care program" does not include a child care program for which a county provides oversight, as described in Subsection 26B-2-405(2)(e). (2) A county may not enact or enforce an ordinance that: (a) imposes licensing or certification requirements for a child care program; or (b) governs the manner in which care is provided in a child care program. (3) This section does not prohibit a county from: (a) requiring a business license to operate a business within the county; or (b) imposing requirements related to building, health, and fire codes.
Utah Code § 17-63-709 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-709
§ 17-63-709. County authorized to accept electronic payments.
Status: in_force

(1) As used in this section: (a) "Electronic payment" means the payment of money to a county by electronic means, including by means of a credit card, charge card, debit card, prepaid or stored value card or similar device, or automatic clearinghouse transaction. (b) "Electronic payment fee" means an amount of money to defray the discount fee, processing fee, or other fee charged by a credit card company or processing agent to process an electronic payment. (c) "Processing agent" means a bank, transaction clearinghouse, or other third party that charges a fee to process an electronic payment. (2) A county may accept an electronic payment for the payment of funds which the county could have received through another payment method. (3) A county that accepts an electronic payment may charge an electronic payment fee.
Utah Code § 17-76-217 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-217
§ 17-76-217. Prohibitions against political activities -- Penalties.
Status: in_force

(1) It is a class B misdemeanor for an individual with authority to, or who seeks, assists, promises, or threatens to appoint, promote, transfer, demote, suspend, discharge, or change the amount of compensation of a merit system officer, for giving, withholding, or neglecting to make any contributions or any service for any political purpose. (2) It is a class B misdemeanor for an individual described in Subsection (1) to solicit, directly or indirectly, a contribution or servicefor a political purpose from a merit system officer. (3) This section does not apply to political speeches or use of mass communication media for political purposes by an individual who is not a merit system officer even though a merit system officer may be present or within the reach of such media unless the purpose and intent is to violate this section with direct respect to the merit system officer. (4) A merit system officer may not engage in political activity during the hours of employment. (5) An individual may not solicit political contributions from a merit system officer during hours of employment for political purposes. (6) This section does not preclude a merit system officer from voluntarily contributing to the party or candidate of the merit system officer's choice.
Utah Code § 17-79-707 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-707
§ 17-79-707. Subdivision plat recording or development activity before required infrastructure is completed -- Improvement completion assurance -- Improvement warranty.
Status: in_force

(1) As used in this section: (a) "Private landscaping plan" means a proposal: (i) to install landscaping on a lot owned by a private individual or entity; and (ii) submitted to a county by the private individual or entity, or on behalf of a private individual or entity, that owns the lot. (b) "Public landscaping improvement" means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that: (i) will be dedicated to and maintained by the county; or (ii) are associated with and proximate to trail improvements that connect to planned or existing public infrastructure. (2) A land use authority shall establish objective inspection standards for acceptance of a required public landscaping improvement or infrastructure improvement. (3) (a) Except as provided in Subsection (3)(d) or (3)(e), before an applicant conducts any development activity or records a plat, the applicant shall: (i) complete any required public landscaping improvements or infrastructure improvements; or (ii) post an improvement completion assurance for any required public landscaping improvements or infrastructure improvements. (b) If an applicant elects to post an improvement completion assurance, the applicant shall, in accordance with Subsection (5), provide completion assurance for: (i) completion of 100% of the required public landscaping improvements or infrastructure improvements; or (ii) if the county has inspected and accepted a portion of the public landscaping improvements or infrastructure improvements, 100% of the incomplete or unaccepted public landscaping improvements or infrastructure improvements. (c) A county shall: (i) establish a minimum of two acceptable forms of completion assurance; (ii) (A) if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this chapter and any local ordinances; and (B) beginning on May 7, 2025, if a county accepts cash deposits as a form of completion assurance and an applicant elects to post a new cash deposit as a form of completion assurance, place the cash deposit in an interest-bearing account upon receipt and return any earned interest to the applicant with the return of the completion assurance according to the conditions of this chapter and any local ordinances; (iii) establish a system for the partial release of an improvement completion assurance as portions of required public landscaping improvements or infrastructure improvements are completed and accepted in accordance with local ordinance; and (iv) issue or deny a building permit in accordance with Section 17-79-901 based on the installation of public landscaping improvements or infrastructure improvements. (d) A county may not require an applicant to post an improvement completion assurance for: (i) public landscaping improvements or infrastructure improvements that the county has previously inspected and accepted; (ii) infrastructure improvements that are private and not essential or required to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation; (iii) in a county where ordinances require all infrastructure improvements within the area to be private, infrastructure improvements within a development that the county requires to be private; (iv) landscaping improvements that are not public landscaping improvements, unless the landscaping improvements and completion assurance are required under the terms of a development agreement; (v) a private landscaping plan; (vi) landscaping improvements or infrastructure improvements that an applicant elects to install at the applicant's own risk: (A) before the plat is recorded; (B) pursuant to inspections required by the county for the infrastructure improvement; and (C) pursuant to final civil engineering plan approval by the county; or (vii) any individual public landscaping improvement or individual infrastructure improvement when the individual public landscaping improvement or individual infrastructure improvement is also included as part of a separate improvement completion assurance. (e) (i) A county may not: (A) prohibit an applicant from installing a public landscaping improvement or an infrastructure improvement when the county has approved final civil engineering plans for the development activity or plat for which the public landscaping improvement or infrastructure improvement is required; or (B) require an applicant to sign an agreement, release, or other document inconsistent with this chapter as a condition of posting an improvement completion assurance, security for an improvement warranty, or receiving a building permit. (ii) Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and infrastructure improvements that are installed by an applicant are subject to inspection by the county in accordance with the county's adopted inspection standards. (f) (i) Each improvement completion assurance and improvement warranty posted by an applicant with a county shall be independent of any other improvement completion assurance or improvement warranty posted by the same applicant with the county. (ii) Subject to Section 17-79-805, if an applicant has posted a form of security with a county for more than one infrastructure improvement or public landscaping improvement, the county may not withhold acceptance of an applicant's required subdivision improvements, public landscaping improvement, infrastructure improvements, or the performance of warranty work for the same applicant's failure to complete a separate subdivision improvement, public landscaping improvement, infrastructure improvement, or warranty work under a separate improvement completion assurance or improvement warranty. (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or other entitlement benefit not currently available under the existing zone, a county may require a completion assurance bond for landscaped amenities and common area that are dedicated to and maintained by a homeowners association. (b) Any agreement regarding a completion assurance bond under Subsection (4)(a) between the applicant and the county shall be memorialized in a development agreement. (c) A county may not require a completion assurance bond for or dictate who installs or is responsible for the cost of the landscaping of residential lots or the equivalent open space surrounding single-family attached homes, whether platted as lots or common area. (5) The sum of the improvement completion assurance required under Subsections (3) and (4) may not exceed the sum of: (a) 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's bid; and (b) 10% of the amount of the bond to cover administrative costs incurred by the county to complete the improvements, if necessary. (6) (a) Upon an applicant's written request that the land use authority accept or reject the applicant's installation of required subdivision improvements or performance of warranty work as set forth in Section 17-79-805, and for the duration of each improvement warranty period, the land use authority may require the applicant to: (i) execute an improvement warranty for the improvement warranty period; and (ii) post a cash deposit, surety bond, letter of credit, or other similar security, as required by the county, in the amount of up to 10% of the lesser of the: (A) county engineer's original estimated cost of completion; or (B) applicant's reasonable proven cost of completion. (b) A county may not require the payment of the deposit of the improvement warranty assurance described in Subsection (6)(a) for an infrastructure improvement or public landscaping improvement before the applicant indicates through written request that the applicant has completed the infrastructure improvement or public landscaping improvement. (7) When a county accepts an improvement completion assurance for public landscaping improvements or infrastructure improvements for a development in accordance with Subsection (3)(c)(ii)(A), the county may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the building code and fire code. (8) A county may not require the submission of a private landscaping plan as part of an application for a building permit. (9) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the State Construction Code.
Utah Code § 17-66-506 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-506
§ 17-66-506. Commanding services of sheriff.
Status: in_force

(1) A legislative body may direct the sheriff to serve notices, subpoenas, citations, or other process issued by the legislative body, and to attend in person or by deputy all meetings of the legislative body to preserve order. (2) The county executive may direct the county sheriff to: (a) serve notices, subpoenas, citations, or other similar documents issued by the county executive; and (b) attend in person or by deputy all meetings the county executive conducts to preserve order.
Utah Code § 17-63-502 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-502
§ 17-63-502. Expenditure limitation.
Status: in_force

(1) No county officer or county employee may make any expenditure or encumbrance in excess of the total appropriation for any department. (2) Any obligation that is contracted by a county officer or county employee in excess of the total departmental appropriation is: (a) the personal obligation of the officer or employee; and (b) unenforceable against the county.
Utah Code § 17-67-201 — Utah Code / Title 17 / Chapter 17-67 / § 17-67-201
§ 17-67-201. Assessor to be state qualified -- Vacancy -- Filling vacancy.
Status: in_force

(1) (a) An individual elected to the office of county assessor shall: (i) meet the requirements described in Section 17-66-201; and (ii) (A) be a state-licensed or state-certified appraiser; or (B) if the individual filed a declaration of candidacy under Subsection (1)(b)(ii), become a state-licensed or state-certified appraiser no later than 36 months after the day on which the individual's term of office begins. (b) An individual may file, and a county clerk may accept, a declaration of candidacy for the office of county assessor if: (i) the individual is a state-licensed or state-certified appraiser; or (ii) in a county of the fourth, fifth, or sixth class, as classified under Section 17-60-104, where no individual who is a state-licensed or state-certified appraiser files a declaration of candidacy for the office of county assessor within the first three days after the candidate filing period opens, any individual who meets the requirements of Subsections 17-66-201(1)(a) through (c). (2) The county assessor's office is vacant if: (a) an assessor fails to meet the requirements described in Subsection (1); or (b) no individual who meets the requirements described in Subsection (1) timely files a declaration of candidacy for the office of county assessor. (3) (a) If a vacancy described in Subsection (2) occurs, the county legislative body shall: (i) fill the vacancy in accordance with: (A) Section 17-66-203; (B) Section 20A-1-508; and (C) Subsection (3)(b); or (ii) if it is not possible to fill the vacancy, contract with an individual to fulfill the duties of the vacant office as described in Subsection (4). (b) An individual who the county legislative body selects to fill a vacancy as described in Subsection (3)(a)(i) shall be a state-licensed or state-certified appraiser before the individual assumes the office of county assessor. (4) If the county legislative body cannot find an individual who meets the requirements described in this section to fill a vacancy described in Subsection (2), the county legislative body may contract with a state-licensed or state-certified appraiser from outside the county to fulfill the duties of the county assessor for the remainder of the county assessor's term of office.
Utah Code § 17-64-202 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-202
§ 17-64-202. Crime insurance for breach of duty by county legislative body member.
Status: in_force

A legislative body shall: (1) obtain, and pay the premiums for, crime insurance on the members of the legislative body in relation to the performance of the member's duties; and (2) set the amount of coverage required for the crime insurance described in Subsection (1).
Utah Code § 17-77-205 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-205
§ 17-77-205. Registration as a limited purpose entity.
Status: in_force

(1) Each local substance abuse authority shall register and maintain the local substance abuse authority's registration as a limited purpose entity, in accordance with Section 67-1a-15. (2) A local substance abuse authority that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Utah Code § 17-79-605 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-605
§ 17-79-605. County's acquisition of billboard by eminent domain -- Removal without providing compensation -- Limit on allowing nonconforming billboard to be rebuilt or replaced -- Validity of county permit after issuance of state permit.
Status: in_force

(1) As used in this section: (a) "Clearly visible" means capable of being read without obstruction by an occupant of a vehicle traveling on a street or highway within the visibility area. (b) "Highest allowable height" means: (i) if the height allowed by the county, by ordinance or consent, is higher than the height under Subsection (1)(b)(ii), the height allowed by the county; or (ii) (A) for a noninterstate billboard: (I) if the height of the previous use or structure is 45 feet or higher, the height of the previous use or structure; or (II) if the height of the previous use or structure is less than 45 feet, the height of the previous use or structure or the height to make the entire advertising content of the billboard clearly visible, whichever is higher, but no higher than 45 feet; and (B) for an interstate billboard: (I) if the height of the previous use or structure is at or above the interstate height, the height of the previous use or structure; or (II) if the height of the previous use or structure is less than the interstate height, the height of the previous use or structure or the height to make the entire advertising content of the billboard clearly visible, whichever is higher, but no higher than the interstate height. (c) "Interstate billboard" means a billboard that is intended to be viewed from a highway that is an interstate. (d) "Interstate height" means a height that is the higher of: (i) 65 feet above the ground; and (ii) 25 feet above the grade of the interstate. (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a street or highway that is not an interstate. (f) "Visibility area" means the area on a street or highway that is: (i) defined at one end by a line extending from the base of the billboard across all lanes of traffic of the street or highway in a plane that is perpendicular to the street or highway; and (ii) defined on the other end by a line extending across all lanes of traffic of the street or highway in a plane that is: (A) perpendicular to the street or highway; and (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or (II) for a noninterstate billboard, 300 feet from the base of the billboard. (2) (a) If a billboard owner makes a written request to the county with jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard owner may take the requested action, without further county land use approval, 180 days after the day on which the billboard owner makes the written request, unless within the 180-day period the county: (i) in an attempt to acquire the billboard and associated rights through eminent domain under Section 17-79-604 for the purpose of terminating the billboard and associated rights: (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5, Eminent Domain, before the filing of an eminent domain action; and (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5, Eminent Domain; (ii) denies the request in accordance with Subsection (2)(d); or (iii) requires the billboard owner to remove the billboard in accordance with Subsection (3). (b) Subject to Subsection (2)(a), a billboard owner may: (i) rebuild, maintain, repair, or restore a billboard structure that is damaged by casualty, an act of God, or vandalism; (ii) relocate or rebuild a billboard structure, or take another measure, to correct a mistake in the placement or erection of a billboard for which the county issued a permit, if the proposed relocation, rebuilding, or other measure is consistent with the intent of that permit; (iii) structurally modify or upgrade a billboard; (iv) relocate a billboard into any commercial, industrial, or manufacturing zone within the unincorporated area of the county, if the relocated billboard is: (A) within 5,280 feet of the billboard's previous location; and (B) no closer than 300 feet from an off-premise sign existing on the same side of the street or highway, or if the street or highway is an interstate or limited access highway that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed under that act between the relocated billboard and an off-premise sign existing on the same side of the interstate or limited access highway; or (v) make one or more of the following modifications, as the billboard owner determines, to a billboard that is structurally altered by modification or upgrade under Subsection (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these alterations: (A) erect the billboard: (I) to the highest allowable height; and (II) as the owner determines, to an angle that makes the entire advertising content of the billboard clearly visible; or (B) install a sign face on the billboard that is at least the same size as, but no larger than, the sign face on the billboard before the billboard's relocation. (c) A modification under Subsection (2)(b)(v) shall comply with Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable. (d) A county may deny a billboard owner's request to relocate or rebuild a billboard structure, or to take other measures, in order to correct a mistake in the placement or erection of a billboard without acquiring the billboard and associated rights through eminent domain under Section 17-79-604, if the mistake in placement or erection of the billboard is determined by clear and convincing evidence, in a proceeding that protects the billboard owner's due process rights, to have resulted from an intentionally false or misleading statement: (i) by the billboard applicant in the application; and (ii) regarding the placement or erection of the billboard. (e) A county that acquires a billboard and associated rights through eminent domain under Section 17-79-604 shall pay just compensation to the billboard owner in an amount that is: (i) the value of the existing billboard at a fair market capitalization rate, based on actual annual revenue, less any annual rent expense; (ii) the value of any other right associated with the billboard; (iii) the cost of the sign structure; and (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the billboard owner's interest is a part. (f) If a county commences an eminent domain action under Subsection (2)(a)(i): (i) the provisions of Section 78B-6-510 do not apply; and (ii) the county may not take possession of the billboard or the billboard's associated rights until: (A) completion of all appeals of a judgment allowing the county to acquire the billboard and associated rights; and (B) the billboard owner receives payment of just compensation, described in Subsection (2)(e). (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a billboard owner may proceed, without further county land use approval, to take an action requested under Subsection (2)(a), if the county's eminent domain action commenced under Subsection (2)(a)(i) is dismissed without an order allowing the county to acquire the billboard and associated rights. (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any time before the county takes possession of the billboard or the billboard's associated rights in accordance with Subsection (2)(f)(ii). (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i), the court shall dismiss the county's eminent domain action to acquire the billboard or associated rights. (3) Notwithstanding Section 17-79-604, a county may require an owner of a billboard to remove the billboard without acquiring a billboard and associated rights through eminent domain if: (a) the county determines: (i) by clear and convincing evidence that the applicant for a permit intentionally made a false or misleading statement in the applicant's application regarding the placement or erection of the billboard; or (ii) by substantial evidence that the billboard: (A) is structurally unsafe; (B) is in an unreasonable state of repair; or (C) has been abandoned for at least 12 months; (b) the county notifies the billboard owner in writing that the billboard owner's billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii); (c) the billboard owner fails to remedy the condition or conditions within: (i) 180 days after the day on which the billboard owner receives written notice under Subsection (3)(b); or (ii) if the condition forming the basis of the county's intention to remove the billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a natural disaster, after the day on which the billboard owner receives written notice under Subsection (3)(b); and (d) following the expiration of the applicable period under Subsection (3)(c) and after providing the billboard owner with reasonable notice of proceedings and an opportunity for a hearing, the county finds: (i) by clear and convincing evidence, that the applicant for a permit intentionally made a false or misleading statement in the application regarding the placement or erection of the billboard; or (ii) by substantial evidence that the billboard is structurally unsafe, is in an unreasonable state of repair, or has been abandoned for at least 12 months. (4) A county may not allow a nonconforming billboard to be rebuilt or replaced by anyone other than the billboard's owner, or the billboard's owner acting through a contractor, within 500 feet of the nonconforming location. (5) A permit that a county issues, extends, or renews for a billboard remains valid beginning on the day on which the county issues, extends, or renews the permit and ending 180 days after the day on which a required state permit is issued for the billboard if: (a) the billboard requires a state permit; and (b) an application for the state permit is filed within 30 days after the day on which the county issues, extends, or renews a permit for the billboard.
Utah Code § 17-72-407 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-407
§ 17-72-407. Notice to county jail facilities.
Status: in_force

(1) Before an order is entered granting visitation or correspondence between an individual and a prisoner, the moving party shall provide notice to the county jail facility administrator. (2) The court shall: (a) provide an opportunity to the facility representative to respond before the order is granted; and (b) consider facility policy.
Utah Code § 17-66-105 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-105
§ 17-66-105. Crime insurance for county officers.
Status: in_force

(1) As used in this section, "county officials" means: (a) a county officer enumerated in Section 17-66-102; (b) a deputy or assistant of a county officer enumerated in Section 17-66-102, if the county legislative body requires the deputy or assistant to obtain crime insurance; (c) each justice court judge within the county; and (d) each constable appointed or contracted within the county, as described in Chapter 78, Part 6, Constables. (2) (a) Except as provided in Subsection (2)(b): (i) the legislative body shall set the amount of crime insurance to be acquired for county officials; and (ii) a county official may not discharge the duties of the county official's office before obtaining the crime insurance described in Subsection (2)(a)(i). (b) The State Money Management Council created in Section 51-7-16 shall set the amount of crime insurance required for the county treasurer. (c) The county treasurer may not discharge the duties of the county treasurer's office before obtaining the crime insurance described in Subsection (2)(b). (3) A legislative body may acquire crime insurance on all county officials as a group rather than individually. (4) The cost of a crime insurance policy shall be paid from county funds. (5) The county clerk shall maintain proof of the crime insurance described in this section. (6) (a) The district attorney of each multicounty prosecution district shall: (i) obtain crime insurance in the amount specified in the interlocal agreement that created the prosecution district; and (ii) file proof of the crime insurance policy with the county clerk as specified in the interlocal agreement. (b) The cost of a crime insurance policy described in Subsection (6)(a) shall be paid as specified in the interlocal agreement that created the prosecution district.
Utah Code § 17-63-805 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-805
§ 17-63-805. Reserve fund for capital improvements -- Transfer to fund of unencumbered surplus -- Investment -- Interest and income -- Modification of use -- Special election.
Status: in_force

(1) At any time after the creation of a reserve fund under Section 17-63-803, the county legislative body may transfer to the fund any unencumbered surplus county funds remaining at the end of a fiscal year. (2) All money belonging to a reserve fund created under Section 17-63-803 shall be invested in such securities as are legal for other funds of the county. (3) The interest and income from the investments shall be a part of the fund. (4) The legislative body of any county may submit the proposition of using funds in a reserve fund established under Section 17-63-803 for projects other than originally specified to the electors of the county at a special election if the projects are for the purposes set forth in Section 17-63-803. (5) If a proposition under Subsection (4) is proposed, the county legislative body shall fix a time and place for a special election on the proposition, to be held as provided by law.
Utah Code § 17-72-804 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-804
§ 17-72-804. State identification numbers and biometric and other personal information.
Status: in_force

(1) As used in this section, "state identification number" means the number issued by the Bureau of Criminal Identification within the Department of Public Safety that corresponds to a certain individual. (2) If an individual is brought to a county jail for processing or booking into custody, the county jail shall, regardless of whether the county jail retains custody of the individual or releases the individual due to capacity issues or another reason: (a) collect the individual's biometric and other personal information required by law; and (b) (i) to the extent possible, connect the individual with the individual's state identification number; and (ii) if identified, use the individual's state identification number in association with any records created or accessed by the county jail concerning the individual.
Utah Code § 17-78-1004 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-1004
§ 17-78-1004. Regulation of retail tobacco specialty business.
Status: in_force

(1) As used in this section: (a) "Community location" means: (i) a public or private kindergarten, elementary, middle, junior high, or high school; (ii) a licensed child-care facility or preschool; (iii) a trade or technical school; (iv) a church; (v) a public library; (vi) a public playground; (vii) a public park; (viii) a youth center or other space used primarily for youth oriented activities; (ix) a public recreational facility; (x) a public arcade; or (xi) for a new license issued on or after July 1, 2018, a homeless shelter. (b) "Department" means the Department of Health and Human Services created in Section 26B-1-201. (c) "Electronic cigarette product" means the same as that term is defined in Section 76-9-1101. (d) "Licensee" means a person licensed under this section to conduct business as a retail tobacco specialty business. (e) "Local health department" means the same as that term is defined in Section 26A-1-102. (f) "Nicotine product" means the same as that term is defined in Section 76-9-1101. (g) "Retail tobacco specialty business" means a commercial establishment in which: (i) sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment; (ii) 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; (iv) the commercial establishment: (A) holds itself out as a retail tobacco specialty business; and (B) causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or (v) the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products. (h) "Self-service display" means the same as that term is defined in Section 76-9-1107. (i) "Tobacco product" means: (i) the same as that term is defined in Section 76-9-1101; or (ii) tobacco paraphernalia as defined in Section 76-9-1101. (2) The regulation of a retail tobacco specialty business is an exercise of the police powers of the state by the state or by the delegation of the state's police power to other governmental entities. (3) (a) A person may not operate a retail tobacco specialty business in a county unless the person obtains a license from the county in which the retail tobacco specialty business is located. (b) A county may only issue a retail tobacco specialty business license to a person if the person complies with the provisions of Subsections (4) and (5). (4) (a) Except as provided in Subsection (7), a county may not issue a license for a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty business is located within: (i) 1,000 feet of a community location; (ii) 600 feet of another retail tobacco specialty business; or (iii) 600 feet from property used or zoned for: (A) agriculture use; or (B) residential use. (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard to intervening structures or zoning districts. (5) A county may not issue or renew a license for a person to conduct business as a retail tobacco specialty business until the person provides the county with proof that the retail tobacco specialty business has: (a) a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; and (b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; or (ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product. (6) (a) Nothing in this section: (i) requires a county to issue a retail tobacco specialty business license; or (ii) prohibits a county from adopting more restrictive requirements on a person seeking a license or renewal of a license to conduct business as a retail tobacco specialty business. (b) A county may suspend or revoke a retail tobacco specialty business license issued under this section: (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity; (ii) if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents; (iii) upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; or (iv) under any other provision of state law or local ordinance. (7) (a) Except as provided in Subsection (7)(e), a retail tobacco specialty business is exempt from Subsection (4) if: (i) on or before December 31, 2018, the retail tobacco specialty business was issued a license to conduct business as a retail tobacco specialty business; (ii) the retail tobacco specialty business is operating in a county in accordance with all applicable laws except for the requirement in Subsection (4); and (iii) beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school. (b) A retail tobacco specialty business may maintain an exemption under Subsection (7)(a) if: (i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation; (ii) the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; (iii) the retail tobacco specialty business does not substantially change the business premises or business operation; and (iv) the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: (A) Section 26B-7-503, Utah Indoor Clean Air Act; (B) zoning ordinances; (C) building codes; and (D) the requirements of the license described in Subsection (7)(a)(i). (c) A retail tobacco specialty business that does not qualify for an exemption under Subsection (7)(a) is exempt from Subsection (4) if: (i) on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; (ii) the retail tobacco specialty business is operating in the county in accordance with all applicable laws except for the requirement in Subsection (4); and (iii) beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school. (d) A retail tobacco specialty business may maintain an exemption under Subsection (7)(c) if: (i) on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; (ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation; (iii) the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; (iv) the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); and (v) the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: (A) Section 26B-7-503, Utah Indoor Clean Air Act; (B) zoning ordinances; (C) building codes; and (D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i). (e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco specialty business: (i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; and (ii) continues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).
Utah Code § 17-63-604 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-604
§ 17-63-604. Presentation of annual report by independent auditor -- Notice that audit complete.
Status: in_force

(1) The annual report required by Section 17-63-603 may be satisfied by a county by the presentation of the report of the independent auditor on the results of operations for the year and financial condition at the midpoint of the fiscal period or at the close of the fiscal period if it is prepared in conformity with the uniform system of budgeting, accounting, and reporting. (2) Independent audits are required for all counties as provided in Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act. (3) Within 10 days after the receipt of the audit report furnished by the independent auditor, the county finance officer shall prepare and publish a notice to the public that the county audit is complete: (a) on the county's website; and (b) as required in Section 45-1-101. (4) A copy of the independent county audit may be inspected at: (a) the office of the county finance officer, if the county finance officer has an office at the county seat; or (b) the office of the county auditor.
Utah Code § 17-75-401 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-401
§ 17-75-401. Establishment of merit system -- Separate systems for peace officers and firemen recognized -- Options of small counties.
Status: in_force

(1) A merit system of personnel administration for the counties of the state of Utah, county departments, county offices, and county agencies, except as otherwise specifically provided, is established. (2) (a) This part recognizes the existence of the merit systems for: (i) county law enforcement officers as provided in Chapter 76, Part 2, Deputy Sheriff Merit System, and Chapter 76, Part 3, Peace Officer Merit System in Counties of the First Class; and (ii) county firefighters, as provided in Chapter 76, Part 5, Firefighters' Civil Service Commission. (b) The intent of this part, Part 5, Career Service, and Part 6, Office of Personnel Management, is to give counties the option to use: (i) a single merit system for all county employees; or (ii) a merit system in combination with the existing systems described in Subsection (2)(a). (3) A county that has fewer than 200 employees not covered by other merit systems or not exempt under Section 17-75-502 may comply with the merit system provisions of this chapter. (4) Notwithstanding the provisions of Subsection (3), any county that complied with the merit system provisions of this chapter prior to May 6, 2002, shall continue to comply with the merit system provisions of this chapter even though the county may not thereafter meet or exceed the threshold requirements of Subsection (3).
Utah Code § 17-76-308 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-308
§ 17-76-308. Disqualification of applicant for examination -- Appeal to commission.
Status: in_force

(1) In accordance with this section and rules adopted by a commission, the commission may disqualify an applicant if the applicant: (a) does not meet minimum qualifications; (b) has been convicted of a criminal offense inimical to the public service or involving moral turpitude; (c) has practiced or attempted deception or fraud in the application or examination process or in securing eligibility for appointment; or (d) is not: (i) a citizen of the United States; or (ii) a lawful permanent resident of the United States who: (A) has been in the United States legally for the five years immediately before the day on which the application is made; and (B) has legal authorization to work in the United States. (2) If an applicant is rejected, the commission shall promptly notify the applicant. (3) At any time before the day on which the examination is held, an applicant may correct a defect in the applicant's application. (4) An applicant may file a written appeal regarding the application process with the commission at any time before the day on which the examination is held.
Utah Code § 17-63-302 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-302
§ 17-63-302. Budget -- Financial plan -- Contents.
Status: in_force

(1) The budget for each fund shall provide a complete financial plan for the budget period and shall contain in tabular form classified by the account titles as required by the uniform system of budgeting, accounting, and reporting: (a) estimates of all anticipated revenues; (b) all appropriations for expenditures; and (c) any additional data required by Section 17-63-303 or by the uniform system of budgeting, accounting, and reporting. (2) The total of appropriated expenditures shall be equal to the total of anticipated revenues.
Utah Code § 17-73-502 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-502
§ 17-73-502. Disturbed corners -- County surveyor to be notified -- Coordination with certain state agencies.
Status: in_force

(1) A person who finds it necessary to disturb any established government survey monument or public land survey government corner location for any reason, including the improvement of a road, shall notify the county surveyor at least five business days before the day on which the person disturbs the government survey monument or public land survey government corner location. (2) (a) A county legislative body may enact an ordinance requiring a person to obtain a permit before performing construction work within 30 feet of an established government survey monument or public land survey government corner location. (b) A county legislative body shall ensure that an ordinance described in Subsection (2)(a) provides for an exemption from the permitting requirement if an emergency situation that poses a threat to public health or safety arises. (c) (i) A county may charge a fee for a permit described in Subsection (2)(a), in accordance with this Subsection (2)(c). (ii) The fee described in Subsection (2)(c)(i) may not exceed $400 per government survey monument or public land survey government corner location. (iii) If the construction work disturbs the government survey monument or public land survey government corner location related to the permit: (A) the permit holder is responsible for the necessary construction work and installation of the government survey monument or public land survey government corner location; and (B) the county shall provide to the permit holder the necessary monument for the permit holder's work described in Subsection (2)(c)(iii)(A). (d) A county shall provide a system allowing a person to apply electronically for and the county to approve or deny electronically a permit described in Subsection (2)(a). (3) A person may not perform any construction work within 30 feet of a government survey monument or public land survey government corner location unless the person obtains any permit the county requires before beginning construction work within 30 feet of the government survey monument or public land survey government corner location, together with any additional permits that applicable law may require. (4) A person who produces drawings or plans for construction work to be performed within 30 feet of a government survey monument or public land survey government corner location shall show, on the face of the drawings or plans: (a) the government survey monument or public land survey government corner location; and (b) an accompanying note exhibiting compliance with Subsections (1) and (3). (5) A person who finds a monument that needs rehabilitation shall notify the county surveyor within five business days after the day on which the person finds the monument. (6) The county surveyor or the county surveyor's designee shall: (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the corner by lowering and witnessing the corner or placing another monument and witness over the existing monument so that the monument: (i) is left in a physical condition to remain as permanent a monument as is reasonably possible; and (ii) may be reasonably located at all times in the future; and (b) file the record of each reconstruction or rehabilitation in accordance with Subsection (6)(a). (7) (a) The county may, by ordinance, establish a civil penalty for a violation of: (i) any provision of Subsection (3) or (4); or (ii) any ordinance that the county adopts under Subsection (2). (b) It is a defense to the civil penalty described in Subsection (7)(a) if the violation related to an emergency situation that posed a threat to public health or safety.
Utah Code § 17-79-705 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-705
§ 17-79-705. Process for subdivision review and approval.
Status: in_force

(1) (a) As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a county, including county staff or a county planning commission. (b) "Administrative land use authority" does not include a county legislative body or a member of a county legislative body. (2) (a) This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes. (b) This section does not apply to land use regulations adopted, approved, or agreed upon by a legislative body exercising land use authority in the review of land use applications for zoning or other land use regulation approvals. (3) A county ordinance governing the subdivision of land shall: (a) comply with this section and establish a standard method and form of application for preliminary subdivision applications and final subdivision applications; and (b) (i) designate a single administrative land use authority for the review of preliminary applications to subdivide land; or (ii) if the county has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 17-79-708, the county may designate a different and separate administrative land use authority for the approval of subdivisions under Section 17-79-708. (4) (a) If an applicant requests a pre-application meeting, the county shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback. (b) At the pre-application meeting, the county staff shall provide or have available on the county website the following: (i) copies of applicable land use regulations; (ii) a complete list of standards required for the project; (iii) preliminary and final application checklists; and (iv) feedback on the concept plan. (5) A preliminary subdivision application shall comply with all applicable county ordinances and requirements of this section. (6) An administrative land use authority may complete a preliminary subdivision application review in a public meeting or at a county staff level. (7) With respect to a preliminary application to subdivide land, an administrative land use authority may: (a) receive public comment; and (b) hold no more than one public hearing. (8) If a preliminary subdivision application complies with the applicable county ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application. (9) A county shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and county ordinances, which: (a) may permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and (b) may not require planning commission or county legislative body approval. (10) If a final subdivision application complies with the requirements of this section, the applicable county ordinances, and the preliminary subdivision approval granted under Subsection (9)(a), a county shall approve the final subdivision application.
Utah Code § 17-73-501 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-501
§ 17-73-501. Setting monuments.
Status: in_force

(1) (a) When establishing a public land survey corner, the county surveyor or the county surveyor's designee shall set a monument of durable quality. (b) Wherever the nature of the ground will not allow the setting of a monument at the exact corner as described, then the county surveyor or the county surveyor's designee shall set a witness monument. (2) (a) Whenever possible, public land survey corners shall be witnessed by at least four references of durable quality. (b) All references shall be carefully described, and the bearings and distances noted in the report.
Utah Code § 17-78-204 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-204
§ 17-78-204. Energy efficiency upgrade, clean energy system, or electric vehicle charging infrastructure.
Status: in_force

A county may provide or finance an energy efficiency upgrade, a clean energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102, in a designated voluntary assessment area in accordance with Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act.
Utah Code § 17-60-105 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-105
§ 17-60-105. Change of class of county.
Status: in_force

(1) Each county shall retain the county's classification under Section 17-60-104 until changed as provided in this section. (2) The lieutenant governor shall monitor the population figure for each county as shown on: (a) the estimate of the Utah Population Committee created in Section 63C-20-103; or (b) if the Utah Population Committee estimate is not available, the census or census estimate of the United States Bureau of the Census. (3) After July 1, 2021, if the applicable population figure under Subsection (2) indicates that a county's population has increased beyond the limit for the county's current class, the lieutenant governor shall: (a) prepare a certificate indicating the class in which the county belongs based on the increased population figure; and (b) within 10 days after preparing the certificate, deliver a copy of the certificate to the county legislative body and, if the county has an executive that is separate from the legislative body, the executive of the county whose class was changed. (4) A county's change in class is effective on the date of the lieutenant governor's certificate under Subsection (3).
Utah Code § 17-79-407 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-407
§ 17-79-407. Effect of official maps.
Status: in_force

(1) Counties may adopt an official map. (2) (a) An official map does not: (i) require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in Subsection (2)(b)(iii); or (ii) require a county to immediately acquire property it has designated for eventual use as a public street. (b) This section does not prohibit a county from: (i) recommending that an applicant consider and accommodate the location of the proposed streets in the planning of a development proposal in a manner that is consistent with Section 17-79-812; (ii) acquiring the property through purchase, gift, voluntary dedication, or eminent domain; or (iii) requiring the dedication and improvement of a street if the street is found necessary by the county because of a proposed development and if the dedication and improvement is consistent with Section 17-79-812.
Utah Code § 17-72-409 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-409
§ 17-72-409. Suicide Deterrence Grant application.
Status: in_force

A county sheriff, on behalf of a county jail, may apply for a Suicide Deterrence Grant as described in Section 17E-6-201.
Utah Code § 17-78-201 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-201
§ 17-78-201. Development of county resources.
Status: in_force

(1) A county may provide for the development of the county's mineral, water, personnel, industrial, historical, cultural, and other resources. (2) A county may expend county funds as are considered advisable to carry out the purposes of Subsection (1). (3) Nothing in this section modifies the requirements of Section 17-78-103.
Utah Code § 17-64-201 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-201
§ 17-64-201. Eligibility -- Election.
Status: in_force

Each member of a legislative body shall: (1) be a registered voter of the county which the member represents; and (2) have been a registered voter for at least one year immediately before the member's election.
Utah Code § 17-60-104 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-104
§ 17-60-104. Classification of counties.
Status: in_force

(1) Each county shall be classified according to the county's population. (2) (a) A county with a population of 1,150,000 or more is a county of the first class. (b) A county with a population of 260,000 or more but less than 1,150,000 is a county of the second class. (c) A county with a population of 40,000 or more but less than 260,000 is a county of the third class. (d) A county with a population of 12,000 or more but less than 40,000 is a county of the fourth class. (e) A county with a population of 5,000 or more but less than 12,000 is a county of the fifth class. (f) A county with a population less than 5,000 is a county of the sixth class.
Utah Code § 17-79-1006 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-1006
§ 17-79-1006. Due process.
Status: in_force

(1) An appeal authority shall conduct each appeal and variance request as described by local ordinance. (2) An appeal authority shall respect the due process rights of an appeal participant. (3) An appeal authority may only allow the following people to participate or speak during an appeal hearing: (a) the appellant or the appellant's representatives; (b) the land use applicant or the land use applicant's representatives; and (c) the county's representatives.
Utah Code § 17-72-411 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-411
§ 17-72-411. Assistance with identification records for certain county inmates.
Status: in_force

(1) Beginning July 1, 2026, for a county inmate sentenced to serve at least six months in a county jail, the county jail shall: (a) determine whether the county inmate has a current state-issued driver license or state-issued identification card; and (b) if the county inmate does not possess a document described in Subsection (1)(a): (i) inform the county inmate that a document listed in Subsection (1)(a) may be required to obtain employment upon release; (ii) inquire whether the county inmate would like to: (A) apply to renew, or obtain a duplicate of, a state-issued driver license; or (B) apply for a state-issued identification card or extend a state-issued identification card; and (iii) (A) subject to Subsection (4), if the county inmate accepts assistance in obtaining a document described in Subsection (1)(a), provide the assistance described in Subsection (2) as soon as practicable after the date on which the inmate accepts assistance; or (B) if the county inmate refuses assistance in obtaining a document described in Subsection (1)(a), maintain a record of the county inmate's refusal in the county jail's electronic file management system. (2) If a county inmate accepts assistance in obtaining a current state-issued identification card or to renew, or obtain a duplicate of, a state-issued driver license, as described in Subsection (1)(b)(iii)(A), the county jail shall coordinate with the Driver License Division to: (a) (i) obtain a duplicate of the county inmate's state-issued driver license, as described in Section 53-3-215; or (ii) renew the county inmate's state-issued driver license, if the county inmate meets the criteria listed in Section 53-3-214; or (b) (i) extend the county inmate's state-issued regular identification card, as described in Section 53-3-807; or (ii) issue the county inmate a temporary regular identification card as described in Subsection 53-3-805(11), unless the county inmate plans to live outside this state immediately upon release. (3) (a) For a county inmate receiving assistance under Subsection (2), the county jail shall ensure that at least seven days before the county inmate's release, the county inmate meets virtually with the Driver License Division to be issued, if eligible, a duplicate driver license, a renewed driver license, an extended regular identification card, or a temporary regular identification card, as described in Subsection (2). (b) Before the county inmate meets with the Driver License Division, as described in Subsection (3)(a), the county jail shall ensure that the county inmate is provided all the required documentation and information that the county jail possesses for the county inmate to obtain a document listed in Subsection (2), including: (i) all personal identification documentation; and (ii) a voucher for payment toward any one of the documents listed in Subsection (2), up to the cost of an original class D license application under Section 53-3-205. (4) The requirements of this section do not apply if the county inmate is not: (a) a citizen of the United States; or (b) a lawful resident of the United States who has legal authorization to work in the United States.
Utah Code § 17-72-707 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-707
§ 17-72-707. Crier of court.
Status: in_force

The sheriff in attendance upon court shall, if required by the court: (1) act as crier for the court; (2) call the parties and witnesses and other persons bound to appear at the court; and (3) make proclamation of the opening and adjournment of court and of any other matter under the court's direction.
Utah Code § 17-75-201 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-201
§ 17-75-201. Deputies and employees -- Appointments -- County legislative body consent power -- Liability of principal -- Deputy may serve despite vacancy in office of appointing officer.
Status: in_force

(1) (a) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the county officer's office. (b) The county legislative body's consent power under Subsection (1)(a) shall be defined in county ordinance and may include consent by: (i) the budget approval process; (ii) approval of an allocation of a certain number of positions; or (iii) approval or disapproval of the hiring of individual applicants for employment. (c) A county legislative body may by ordinance delegate to the county executive the authority to consent to the appointment of deputies and employees under this Subsection (1). (2) If a county clerk performs district court clerk functions, the legislative body of the county shall provide the county clerk with deputies and employees for the business of the district court: (a) as the district court judge or judges consider necessary and advisable; and (b) consistent with the level of funding for clerk services from the court administrator's office. (3) (a) Each county officer appointing a deputy shall, for each deputy appointed: (i) sign a document that states that the county officer appointed the deputy; and (ii) file the signed document with the county clerk. (b) The county officer appointing the deputy is liable for all the deputy's official acts. (c) If the office of the county officer who appointed the deputy becomes vacant, the deputy may continue to serve despite the vacancy. (4) A sheriff in a county employing more than 100 full-time uniformed peace officers may, with the consent of the county legislative body, appoint more than one chief deputy or undersheriff.
Utah Code § 17-78-203 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-203
§ 17-78-203. Support of the arts by counties -- Guidelines.
Status: in_force

A county may: (1) provide for and appropriate funds for the support of the arts, including music, dance, theatre, crafts and visual, folk and literary art, for the purpose of enriching the lives of county residents; and (2) establish guidelines for the county's support of the arts.
Utah Code § 17-63-204 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-204
§ 17-63-204. Retained earnings -- Accumulation -- Restrictions -- Disbursements.
Status: in_force

(1) (a) A county may accumulate: (i) retained earnings in any enterprise or internal service fund; and (ii) a fund balance in any fund that is not an enterprise or internal service fund. (b) Notwithstanding Subsection (1)(a), use of the county general fund shall be restricted to the following purposes: (i) to provide cash to finance expenditures from the beginning of the budget period until general property taxes, sales taxes, or other revenues are collected; (ii) to provide a fund or reserve to meet emergency expenditures; and (iii) to cover unanticipated deficits for future years. (2) (a) The maximum accumulated unappropriated surplus in the county general fund, as determined before adoption of the tentative budget, may not exceed an amount equal to the greater of: (i) (A) for a county with a taxable value of $750,000,000 or more and a population of 100,000 or more, 25% of the total revenues of the county general fund for the current fiscal period; or (B) for any other county, 65% of the total revenues of the county general fund for the current fiscal period; and (ii) the estimated total revenues from property taxes for the current fiscal period. (b) Any surplus balance in excess of the above computed maximum shall be included in the estimated revenues of the county general fund budget for the next fiscal period. (3) Any fund balance exceeding 5% of the total county general fund revenues may be used for budgetary purposes. (4) (a) A county may appropriate funds from estimated revenue in any budget period to a reserve for capital improvements within any capital improvements fund which has been duly established by ordinance or resolution. (b) Money in the reserves shall be allowed to accumulate from fiscal period to fiscal period until the accumulated total is sufficient to permit economical expenditure for the specified purposes. (c) Disbursements from the reserves shall be made only by transfer to a revenue account within a capital improvements fund in accordance with an appropriation for the fund. (d) Expenditures from the capital improvement budget accounts shall conform to all requirements of this chapter as it relates to the execution and control of budgets.
Utah Code § 17-79-1005 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-1005
§ 17-79-1005. Burden of proof.
Status: in_force

In an appeal described in this part: (1) if the appellant is a land use applicant, the appellant has the burden of proving that the land use authority's land use decision is illegal or is not supported by substantial evidence; or (2) if the appellant is an adversely affected party, the appellant has the burden of proving that the land use authority's land use decision is illegal, or that the factual findings are clearly erroneous.
Utah Code § 17-66-505 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-505
§ 17-66-505. Governing body as cooperating agency in federal land planning and regulation.
Status: in_force

(1) As used in this section: (a) "Cooperating agency" means: (i) a cooperating agency as defined in 43 CFR 1601.0-5; or (ii) a cooperating agency as defined in 40 CFR 1508.5. (b) "General plan" means the general plan described in Chapter 79, Part 4, General Plan. (2) A governing body or a person designated by the governing body: (a) may represent the county as a cooperating agency; and (b) is considered to have special expertise: (i) in a matter related to the: (A) National Environmental Policy Act of 1969, 42 U.S.C. Sec. 4321 et seq.; (B) Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.; (C) Wilderness Act of 1964, 16 U.S.C. Sec. 1131 et seq.; (D) Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. Sec. 528 et seq.; (E) National Forest Management Act of 1976, 16 U.S.C. Sec. 1600 et seq.; or (F) an energy policy and conservation act amended by the Energy Policy Act of 2005, 42 U.S.C. Sec. 16511 et seq.; (ii) in a matter related to federal land development and planning, the implementation of a federal resource management plan, and other related federal land management actions; (iii) regarding whether a federal land development and plan, resource management plan, or other related federal land management action is consistent with an adopted county general plan; and (iv) on a subject matter for which it has statutory responsibility, including a subject matter related to the health, safety, welfare, custom, culture, or socioeconomic viability of a county. (3) A county through its governing body or a person designated by the governing body may participate in efforts to coordinate and make consistent the federal agency resource management plan or other related management action with the general plan as provided in: (a) the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.; (b) 16 U.S.C. Sec. 1604; or (c) any other federal law or rule that provides for coordination and consistency with local government plans and policies.
Utah Code § 17-71-102 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-102
§ 17-71-102. Seal.
Status: in_force

The county recorder shall have a seal, furnished by the county legislative body, the impression of which shall contain: (1) the words: "State of Utah, County Recorder"; and (2) the name of the county in which the seal is to be used.
Utah Code § 17-63-501 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-501
§ 17-63-501. Encumbrance system -- Purchasing agent -- Purchases or encumbrances by purchasing agent.
Status: in_force

(1) Each county shall use an encumbrance system or other budgetary controls to ensure that no expenditure is made for any item of an appropriation unless there is a sufficient unencumbered balance in the appropriation and available funds, except in cases of fiscal emergency or natural disaster as described in Section 17-63-404. (2) A person may not make a purchase or incur an encumbrance on behalf of a county unless that person acts in accordance with an order by, or approval of, the person duly authorized to act as purchasing agent for the county, except encumbrances or expenditures directly investigated and specifically approved by the executive or legislative body. (3) Unless otherwise provided by the governing body, the finance officer or the finance officer's agents shall serve as a purchasing agent.
Utah Code § 17-72-305 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-305
§ 17-72-305. Certain liability.
Status: in_force

The sheriff is liable for the rescue of an individual arrested in a civil action equally as for an escape.
Utah Code § 17-72-601 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-601
§ 17-72-601. Probation supervision -- Violation of probation -- Detention -- Hearing.
Status: in_force

(1) In a county that offers probation services, the county sheriff shall adopt probation standards and practices that are established by the Utah Sheriffs' Association. (2) A county sheriff shall ensure that the court is notified of violations of the terms and conditions of a probationer's probation when the county sheriff determines that: (a) incarceration is recommended as a sanction; (b) a graduated and evidence-based response is not an appropriate response to the offender's violation and recommends revocation of probation; or (c) there is probable cause that the conduct that led to a violation of probation is: (i) a violent felony; or (ii) a qualifying domestic violence offense. (3) A county sheriff may take custody of, and detain, a probationer for a maximum of 72 hours, excluding weekends and holidays, if there is probable cause to believe that the probationer has committed a violation of probation. (4) A county sheriff may not detain a probationer or parolee for longer than 72 hours without obtaining a warrant issued by the court. (5) If the county sheriff detains a probationer under Subsection (3), the county sheriff shall ensure the proper court is notified. (6) A written order from the county sheriff is sufficient authorization for a peace officer to incarcerate a probationer if the county sheriff has determined that there is probable cause to believe that the probationer has violated the conditions of probation. (7) If a probationer commits a violation outside of the jurisdiction of the county sheriff supervising the probationer, the arresting law enforcement agency is not required to hold or transport the probationer to the county sheriff. (8) This section does not require the county sheriff to release a probationer who is being held for something other than a probation violation, including a warrant issued for new criminal conduct or a new conviction where the individual is sentenced to incarceration.
Utah Code § 17-63-101 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-101
§ 17-63-101. Definitions.
Status: in_force

As used in this chapter: (1) "Accrual basis of accounting" means a method where revenues are recorded when earned and expenditures recorded when they become liabilities notwithstanding that the receipt of the revenue or payment of the expenditure may take place in another accounting period. (2) "Appropriation" means an allocation of money for a specific purpose. (3) (a) "Budget" means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. (b) "Budget" may refer to the budget of a fund for which a budget is required by law, or collectively to the budgets for all those funds. (4) "Budgetary fund" means a fund for which a budget is required, such as those described in Section 17-63-301. (5) "Budget period" means the fiscal period for which a budget is prepared. (6) "Check" means an order in a specific amount drawn upon the depositary by any authorized officer in accordance with: (a) Section 17-69-307; or (b) Section 17-74-301. (7) "County general fund" means the general fund used by a county. (8) "Countywide service" means a service provided in both incorporated and unincorporated areas of a county. (9) "Current period" means the fiscal period in which a budget is prepared and adopted. (10) "Department" means any functional unit within a fund which carries on a specific activity. (11) "Encumbrance system" means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. An expenditure ceases to be an encumbrance when paid or when the actual liability is entered in the books of account. (12) "Estimated revenue" means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. (13) "Finance officer" means: (a) (i) the county auditor; or (ii) the person selected to provide accounting services for the county in accordance with Section 17-69-401; or (b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. (14) "Fiscal period" means the annual or biennial period for recording county fiscal operations. (15) "Fund" means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. (16) "Fund balance" means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. (17) "Fund deficit" means the excess of liabilities, reserves, and contributions over its assets, as reflected by its books of account. (18) "General fund" means the same as that term is defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. (19) "Interfund loan" means a loan of cash from one fund to another, subject to future repayment. (20) "Last completed fiscal period" means the fiscal period immediately before the current period. (21) "Modified accrual basis of accounting" means a method under which expenditures other than accrued interest on general long-term debt are recorded at the time liabilities are incurred and revenues are recorded when they become measurable and available to finance expenditures of the current period. (22) "Municipal capital project" means the acquisition, construction, or improvement of capital assets that facilitate providing municipal service. (23) "Municipal service" means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. (24) "Retained earnings" means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. (25) "Special fund" means any fund other than the county general fund. (26) "Unappropriated surplus" means that part of a fund which is not appropriated for an ensuing budget period. (27) "Warrant" means an order for payment in a specific amount, issued by a county officer or county employee with the authority to make the order, directing the disbursement of funds.
Utah Code § 17-79-505 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-505
§ 17-79-505. Zoning districts.
Status: in_force

(1) (a) The legislative body may divide the territory over which it has jurisdiction into zoning districts of a number, shape, and area that it considers appropriate to carry out the purposes of this chapter. (b) Within those zoning districts, the legislative body may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and the use of land. (c) A county may enact an ordinance regulating land use and development in a flood plain or potential geologic hazard area to: (i) protect life; and (ii) prevent: (A) the substantial loss of real property; or (B) substantial damage to real property. (d) A county of the second, third, fourth, fifth, or sixth class may not adopt a land use ordinance requiring a property owner to revegetate or landscape a single family dwelling disturbance area unless the property is located in a flood zone or geologic hazard except as required in Title 19, Chapter 5, Water Quality Act, to comply with federal law related to water pollution. (2) The legislative body shall ensure that the regulations are uniform for each class or kind of buildings throughout each zone, but the regulations in one zone may differ from those in other zones. (3) (a) There is no minimum area or diversity of ownership requirement for a zone designation. (b) Neither the size of a zoning district nor the number of landowners within the district may be used as evidence of the illegality of a zoning district or of the invalidity of a county decision. (4) A county may by ordinance exempt from specific zoning district standards a subdivision of land to accommodate the siting of a public utility infrastructure.
Utah Code § 17-79-1003 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-1003
§ 17-79-1003. Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.
Status: in_force

(1) The land use applicant, a board or officer of the county, or an adversely affected party may, within the time period provided by ordinance, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. (2) (a) A land use applicant who has appealed a decision of the land use authority administering or interpreting the county's geologic hazard ordinance may request the county to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. (b) If a land use applicant makes a request under Subsection (2)(a), the county shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the land use applicant and county: (i) one expert designated by the county; (ii) one expert designated by the land use applicant; and (iii) one expert chosen jointly by the county's designated expert and the applicant's land use designated expert. (c) A member of the panel assembled by the county under Subsection (2)(b) may not be associated with the application that is the subject of the appeal. (d) The land use applicant shall pay: (i) 1/2 of the cost of the panel; and (ii) the county's published appeal fee.
Utah Code § 17-65-307 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-307
§ 17-65-307. Appointment of an individual with advice and consent of county legislative body.
Status: in_force

(1) The appointment of an individual to fill a position on a board, committee, or similar body whose membership is appointed by the county shall be by the county executive, with the advice and consent of the county legislative body. (2) (a) (i) A county commission in a county commission form of government, or a county commission in an expanded county commission form of government, may not appoint during an interim period vacancy a manager, a chief executive officer, a chief administrative officer, or a similar position to perform executive and administrative duties or functions. (ii) Notwithstanding Subsection (2)(a)(i): (A) a county commission in a county commission form of government, or a county commission in an expanded county commission form of government, may appoint an interim manager, a chief executive officer, a chief administrative officer, or a similar position during an interim vacancy period; and (B) the interim appointee's term shall expire once a new manager, a chief executive officer, a chief administrative officer, or a similar position is appointed by the new administration after the interim vacancy period has ended. (b) Subsection (2)(a) does not apply if all the county commission members who held office on the day of the county general election whose term of office was vacant for the election are re-elected to the county commission for the following term. (c) (i) A county executive in a county executive-council form of government may not appoint during an interim vacancy period a manager, a chief executive officer, a chief administrative officer, or a similar position to perform executive and administrative duties or functions. (ii) Notwithstanding Subsection (2)(c)(i): (A) a county executive in a county executive-council form of government may appoint an interim manager, a chief executive officer, a chief administrative officer, or a similar position during an interim vacancy period; and (B) the interim appointee's term shall expire once a new manager, a chief executive officer, a chief administrative officer, or a similar position is appointed by the new county executive after the interim vacancy period has ended. (d) Subsection (2)(c) does not apply if the county executive who held office on the day of the county general election is re-elected to the office of county executive for the following term. (3) A county commission in a county commission form of government, a county commission in an expanded county commission form of government, or a county executive in a county executive-council form of government that appoints a manager, a chief executive officer, a chief administrative officer, or a similar position in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the manager, chief executive officer, chief administrative officer, or similar position.
Utah Code § 17-75-601 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-601
§ 17-75-601. County executive creates office of personnel management and appoints the director.
Status: in_force

(1) (a) A county executive shall: (i) create an office of personnel management, administered by a director of personnel management; and (ii) ensure that the director is an individual with proven experience in personnel management. (b) Except as provided in Subsection (2), the director position shall be: (i) a merit position; and (ii) filled as provided in Subsection (1)(c). (c) Except as provided in Subsection (2), the council shall: (i) advertise and recruit for the director position in the same manner as for other merit positions; (ii) select three names from an eligible list; and (iii) submit those names as recommendations to the county legislative body. (d) Except as provided in Subsection (1)(b), the county legislative body shall select an individual to serve as director from the names submitted to it by the council. (2) (a) As an alternative to the procedure under Subsections (1)(b), (c), and (d), and at the county executive's discretion, the county executive may appoint a director with the advice and consent of the county legislative body. (b) The position of a director appointed under this Subsection (2) shall be a merit exempt position. (c) A director appointed under this Subsection (2) may be terminated by the county executive with the consent of the county legislative body.
Utah Code § 17-72-802 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-802
§ 17-72-802. Prohibition on providing copy of booking photograph -- Statement required -- Victim access -- Criminal liability for false statement -- Remedy for failure to remove or delete.
Status: in_force

(1) As used in this section: (a) "Booking photograph" means a photograph or image of an individual that is generated: (i) for identification purposes; and (ii) when the individual is booked into a county jail. (b) "Publish-for-pay publication" or "publish-for-pay website" means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photograph from the publication or website. (2) (a) A sheriff may not provide a copy of a booking photograph in any format to a person requesting a copy of the booking photograph if: (i) the booking photograph will be placed in a publish-for-pay publication or posted to a publish-for-pay website; or (ii) the booking photograph is a protected record under Subsection 63G-2-305(80). (b) (i) A sheriff shall display a copy of a booking photograph to a person requesting to view the booking photograph if: (A) (I) the person making the request is an alleged victim of a crime that resulted in the creation of the booking photograph; and (II) subject to Utah Rules of Evidence, Rule 617, the prosecuting agency with jurisdiction consents to the request; or (B) if an alleged victim is deceased or incapacitated, the person making the request is an immediate family member, guardian, or conservator of an alleged victim of the crime that resulted in the creation of the booking photograph. (ii) A person entitled to view a booking photograph under Subsection (2)(b)(i) is not permitted to: (A) retain the booking photograph; (B) make a copy, take a picture of, or otherwise reproduce the booking photograph; or (C) disseminate or distribute the booking photograph. (3) (a) A person who requests a copy of a booking photograph from a sheriff shall, at the time of making the request, submit a statement signed by the person affirming that the booking photograph will not be placed in a publish-for-pay publication or posted to a publish-for-pay website. (b) A person who submits a false statement under Subsection (3)(a) is subject to criminal liability as provided in Section 76-8-504. (4) (a) Except as provided in Subsection (5), a publish-for-pay publication or a publish-for-pay website shall remove and destroy a booking photograph of an individual who submits a request for removal and destruction within 30 calendar days after the day on which the individual makes the request. (b) A publish-for-pay publication or publish-for-pay website described in Subsection (4)(a) may not condition removal or destruction of the booking photograph on the payment of a fee in an amount greater than $50. (c) If the publish-for-pay publication or publish-for-pay website described in Subsection (4)(a) does not remove and destroy the booking photograph in accordance with Subsection (4)(a), the publish-for-pay publication or publish-for-pay website is liable for: (i) all costs, including reasonable attorney fees, resulting from any legal action the individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay website to remove and destroy the booking photograph; and (ii) a civil penalty of $50 per day for each day after the 30-day deadline described in Subsection (4)(a) on which the booking photograph is visible or publicly accessible in the publish-for-pay publication or on the publish-for-pay website. (5) (a) A publish-for-pay publication or a publish-for-pay website shall remove and destroy a booking photograph of an individual who submits a request for removal and destruction within seven calendar days after the day on which the individual makes the request if: (i) the booking photograph relates to a criminal charge: (A) on which the individual was acquitted or not prosecuted; or (B) that was expunged, vacated, or pardoned; and (ii) the individual submits, in relation to the request, evidence of a disposition described in Subsection (5)(a)(i). (b) If the publish-for-pay publication or publish-for-pay website described in Subsection (5)(a) does not remove and destroy the booking photograph in accordance with Subsection (5)(a), the publish-for-pay publication or publish-for-pay website is liable for: (i) all costs, including reasonable attorney fees, resulting from any legal action that the individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay website to remove and destroy the booking photograph; and (ii) a civil penalty of $100 per day for each day after the seven-day deadline described in Subsection (5)(a) on which the booking photograph is visible or publicly accessible in the publish-for-pay publication or on the publish-for-pay website. (c) An act of a publish-for-pay publication or publish-for-pay website described in Subsection (5)(a) that seeks to condition removal or destruction of the booking photograph on the payment of any fee or amount constitutes theft by extortion under Section 76-6-406.
Utah Code § 17-78-1103 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-1103
§ 17-78-1103. Regulation of carbon monoxide detectors -- Enforcement against occupant only.
Status: in_force

(1) Subject to Subsection (2), a county may not enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon monoxide detector in a residential dwelling against anyone other than the occupant of the dwelling. (2) Subsection (1) may not be construed to affect: (a) a building permit applicant's obligation to comply with a building code that requires the installation of a carbon monoxide detector as part of new construction; or (b) a county's ability to require a building permit applicant to comply with a building code that requires the installation of a carbon monoxide detector as part of new construction.
Utah Code § 17-72-405 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-405
§ 17-72-405. Commissary account disclosure requirements.
Status: in_force

(1) A correctional facility may implement a policy governing when the correctional facility withdraws money from a prisoner's commissary account for a purpose other than a commissary purchase. (2) A correctional facility may only withdraw money from a prisoner's commissary account for a purpose other than a commissary purchase in accordance with a policy implemented under Subsection (1). (3) Before a correctional facility withdraws money from a prisoner's commissary account for a purpose other than a commissary purchase, the correctional facility shall disclose the policy implemented under Subsection (1) to the prisoner or any other individual seeking to make a deposit of money into the prisoner's commissary account before the correctional facility may accept and deposit the money into the prisoner's commissary account.
Utah Code § 17-80-301 — Utah Code / Title 17 / Chapter 17-80 / § 17-80-301
§ 17-80-301. Moderate income housing.
Status: in_force

(1) A county may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: (a) the county and the applicant enter into a written agreement regarding the number of moderate income housing units; (b) the county provides incentives for an applicant who agrees to include moderate income housing units in a development; or (c) the county offers or approves, and an applicant accepts, an incentive described in Section 17-80-401 or 17-80-402. (2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a county may not take into consideration the applicant's decision in the county's determination of whether to approve or deny a land use application. (3) Notwithstanding Subsections (1) and (2), a county of the third class, which has a ski resort located within the unincorporated area of the county, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the county before January 1, 2022.
Utah Code § 17-62-503 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-503
§ 17-62-503. Adoption of optional plan -- Election of new county officers -- Effect of adoption.
Status: in_force

(1) If a proposed optional plan is approved at an election held under Section 17-62-501: (a) on or before November 1 of the year immediately following the year of the election described in Section 17-62-501 in which the optional plan is approved, the county legislative body shall: (i) if the proposed optional plan under Section 17-62-403 specifies that one or more members of the county legislative body are elected from districts, adopt the geographic boundaries of each council or commission member district; and (ii) adopt the compensation, including benefits, for each member of the county legislative body; (b) the elected county officers specified in the plan shall be elected at the next regular general election following the election under Section 17-62-501, according to the procedure and schedule established under Title 20A, Election Code, for the election of county officers; (c) the proposed optional plan: (i) becomes effective according to the optional plan's terms; (ii) subject to Subsection 17-62-403(1)(c), at the time specified in the optional plan, is a public record open to inspection by the public; and (iii) is judicially noticeable by all courts; (d) the county clerk shall, within 10 days of the canvass of the election, file with the lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct copy; (e) all public officers and employees shall cooperate fully in making the transition between forms of county government; and (f) the county legislative body may enact and enforce necessary ordinances to bring about an orderly transition to the new form of government, including any transfer of power, records, documents, properties, assets, funds, liabilities, or personnel that are consistent with the approved optional plan and necessary or convenient to place it into full effect. (2) An action by the county legislative body under Subsection (1)(a) is not an amendment for purposes of Section 17-62-504. (3) Adoption of an optional plan does not alter or affect the boundaries, organization, powers, duties, or functions of any: (a) school district; (b) justice court; (c) special district under Title 17B, Limited Purpose Local Government Entities - Special Districts; (d) special service district under Title 17D, Chapter 1, Special Service District Act; (e) city or town; or (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act. (4) (a) After adoption of the optional plan, the county legislative body may adopt a change to the geographic boundaries of a council or commission member's district. (b) An action by the county legislative body under Subsection (4)(a) is not an amendment for purposes of Section 17-62-504. (5) After the adoption of an optional plan, the county remains vested with all powers and duties vested generally in counties by statute.
Utah Code § 17-60-204 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-204
§ 17-60-204. County safety and welfare regulations.
Status: in_force

A county may make and enforce within the limits of the county, outside the limits of cities and towns, all local, police, building, and sanitary regulations that are not in conflict with general laws.
Utah Code § 17-79-302 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-302
§ 17-79-302. Planning commission powers and duties -- Training requirements.
Status: in_force

(1) Each countywide, planning advisory area, or mountainous planning district planning commission shall, with respect to the unincorporated area of the county, the planning advisory area, or the mountainous planning district, review and make a recommendation to the county legislative body for: (a) a general plan and amendments to the general plan; (b) land use regulations, including: (i) ordinances regarding the subdivision of land within the county; and (ii) amendments to existing land use regulations; (c) an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application; (d) an appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority; and (e) application processes that: (i) may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and (ii) shall protect the right of each: (A) land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and (B) land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority. (2) Before making a recommendation to a legislative body on an item described in Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance with Section 17-79-404. (3) A legislative body may adopt, modify, or reject a planning commission's recommendation to the legislative body under this section. (4) Nothing in this section limits the right of a county to initiate or propose the actions described in this section. (5) (a) (i) This Subsection (5) applies to a county that: (A) is a county of the first, second, or third class; and (B) has a population in the county's unincorporated areas of 5,000 or more. (ii) The population for each county described in Subsection (5)(a)(i) shall be derived from: (A) an estimate of the Utah Population Committee created in Section 63C-20-103; or (B) if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Census Bureau. (b) A county described in Subsection (5)(a)(i) shall ensure that each member of the county's planning commission completes four hours of annual land use training as follows: (i) one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and (ii) three hours of annual training on a combination of land use and ethics, which may include: (A) appeals and variances; (B) conditional use permits; (C) exactions; (D) impact fees; (E) vested rights; (F) subdivision regulations and improvement guarantees; (G) land use referenda; (H) property rights; (I) real estate procedures and financing; (J) zoning, including use-based and form-based; (K) drafting ordinances and code that complies with statute; (L) ex parte communication; and (M) conflict of interest. (c) A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection (5)(b)(i). (d) A planning commission member may qualify for one completed hour of training required under Subsection (5)(b)(ii) if the member attends, as an appointed member, 12 public meetings of the planning commission within a calendar year. (e) A county shall provide the training described in Subsection (5)(b) through: (i) county staff; (ii) the Utah Association of Counties; or (iii) a list of training courses selected by: (A) the Utah Association of Counties; or (B) the Division of Real Estate created in Section 61-2-201. (f) A county shall, for each planning commission member: (i) monitor compliance with the training requirements in Subsection (5)(b); and (ii) maintain a record of training completion at the end of each calendar year.
Utah Code § 17-76-206 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-206
§ 17-76-206. Power of commission members to administer oaths and subpoena witnesses -- Rights of and fees for witnesses.
Status: in_force

(1) (a) A member, in performing the member's duties, may administer oaths and subpoena witnesses and documents. (b) If an individual refuses to comply or fails to comply with a subpoena issued by a member, the district court may, at the member's request, compel the individual to comply with the subpoena. (2) A witness in a proceeding before a commission: (a) is subject to all the rights, privileges, duties, and penalties of witnesses in courts of record; and (b) shall receive a witness fee from the commission, equivalent to those paid in a court of record.
Utah Code § 17-78-705 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-705
§ 17-78-705. Reserve fund authorized -- Use of collected funds -- Limitation on surplus in fund.
Status: in_force

(1) The county legislative body may create a reserve fund. (2) (a) Subject to Subsections (2)(b) and (c), a county legislative body shall retain any transient room tax funds collected but not expended during any fiscal year in the reserve fund to be used in accordance with Sections 17-78-702, 17-78-703, and 17-78-705. (b) Except as described in Subsection (2)(c), accumulated unappropriated surplus in the reserve fund, as determined before the county's adoption of a tentative budget, may not exceed 50% of the total transient room tax revenue for the current fiscal year. (c) For a fiscal year beginning on or after July 1, 2019, and ending on or before July 1, 2023: (i) if a county receives more than 150% of total transient room tax revenue in the fiscal year compared to the total transient room tax revenue received in the previous fiscal year, accumulated unappropriated surplus in the reserve fund, as determined before the county's adoption of a tentative budget, may not exceed 50% of the total transient room tax revenue for the previous fiscal year plus an amount equal to the total transient room tax revenue that is more than 100% of total transient room tax revenue from the previous fiscal year; and (ii) if a county adds to the county's reserve fund an amount equal to the total transient room tax revenue that is more than 100% of total transient room tax revenue from the previous fiscal year as authorized in Subsection (2)(c)(i), the county may expend that additional reserve fund money for visitor management and destination development subject to the requirements described in Section 17-78-702.
Utah Code § 17-79-804 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-804
§ 17-79-804. Limit on fees -- Requirement to itemize fees -- Appeal of fee.
Status: in_force

(1) A county may impose or collect a fee for reviewing or approving the plans for a commercial or residential building, not to exceed the lesser of: (a) the actual cost of performing the plan review; and (b) 65% of the amount the county charges for a building permit fee for that building. (2) (a) Subject to Subsection (2)(b), a county may impose and collect a fee for reviewing and approving identical plans, as described in Section 17-79-809, not to exceed the lesser of: (i) the actual cost of performing the plan review; or (ii) 30% of the fee that would be imposed and collected under Subsection (1). (b) A county may impose and collect a fee for reviewing an original plan, as defined in Section 17-79-809, that an applicant submits with the intent that the original plan be used as the basis for a future identical plan submission, the same as any other plan review fee under Subsection (1). (3) A county may not impose or collect a hookup fee that exceeds the reasonable cost of installing and inspecting the pipe, line, meter, or appurtenance to connect to the county water, sewer, storm water, power, or other utility system. (4) A county may not impose or collect: (a) a land use application fee that exceeds the reasonable cost of processing the application or issuing the permit; (b) an inspection, regulation, or review fee that exceeds the reasonable cost of performing the inspection, regulation, or review; or (c) an inspection fee on a qualified water conservancy district, as defined in Section 17B-2a-1010, that hires a qualified inspector to conduct inspections on new infrastructure. (5) (a) If requested by an applicant who is charged a fee or an owner of residential property upon which a fee is imposed, the county shall provide an itemized fee statement that shows the calculation method for each fee. (b) If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for an itemized fee statement no later than 30 days after the day on which the applicant or owner pays the fee, the county shall no later than 10 days after the day on which the request is received provide or commit to provide within a specific time: (i) for each fee, any studies, reports, or methods relied upon by the county to create the calculation method described in Subsection (5)(a); (ii) an accounting of each fee paid; (iii) how each fee will be distributed; and (iv) information on filing a fee appeal through the process described in Subsection (5)(c). (c) A county shall establish a fee appeal process subject to an appeal authority described in Part 7, Appeal Authority and Variances, and district court review in accordance with Part 8, District Court Review, to determine whether a fee reflects only the reasonable estimated cost of: (i) regulation; (ii) processing an application; (iii) issuing a permit; or (iv) delivering the service for which the applicant or owner paid the fee. (6) A county may not impose on or collect from a public agency any fee associated with the public agency's development of its land other than: (a) subject to Subsection (4), a fee for a development service that the public agency does not itself provide; (b) subject to Subsection (3), a hookup fee; and (c) an impact fee for a public facility listed in Subsection 11-36a-102(17)(a), (b), (c), (d), (e), or (g), subject to any applicable credit under Subsection 11-36a-402(2).
Utah Code § 17-64-302 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-302
§ 17-64-302. Special meetings -- How called -- Business limited.
Status: in_force

(1) If the business of the county requires a special meeting of the legislative body, a meeting may be ordered by a majority of the legislative body or by the chair. (2) Each order calling a special meeting shall: (a) be signed by the members or chair calling the meeting; (b) be entered in the minutes of the legislative body; and (c) specify the business to be transacted at the meeting. (3) No business other than that specified in the order may be transacted at a special meeting unless all members of the legislative body are present and give consent. (4) Except as otherwise provided by county ordinance, the county clerk shall give five days notice of each special meeting to each member of the legislative body who does not join in the order calling the meeting.
Utah Code § 17-70-401 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-401
§ 17-70-401. Definitions.
Status: in_force

As used in this part: (1) (a) "Contribution" means any of the following when done for a political purpose: (i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to the filing entity; (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to the filing entity; (iii) any transfer of funds from another reporting entity to the filing entity; (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity; (v) a loan made by a county office candidate or local school board candidate deposited into the county office candidate's or local school board candidate's own campaign account; or (vi) an in-kind contribution. (b) "Contribution" does not include: (i) services provided by an individual volunteering a portion or all of the individual's time on behalf of the filing entity if the services are provided without compensation by the filing entity or any other person; (ii) money lent to the filing entity by a financial institution in the ordinary course of business; or (iii) goods or services provided for the benefit of a county office candidate or local school board candidate at less than fair market value that are not authorized by or coordinated with the county office candidate or the local school board candidate. (2) "County office" means an office described in Section 17-66-102 that is required to be filled by an election. (3) "County office candidate" means an individual who: (a) files a declaration of candidacy for a county office; or (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. (4) "County officer" means an individual who holds a county office. (5) (a) Except as provided in Subsection (5)(b), "expenditure" means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity: (i) any disbursement from contributions, receipts, or the separate bank account required under Section 17-70-403; (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for a political purpose; (iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for a political purpose; (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity; (v) a transfer of funds between the filing entity and a county office candidate's, or a local school board candidate's, personal campaign committee; or (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for a political purpose at less than fair market value. (b) "Expenditure" does not include: (i) services provided without compensation by an individual volunteering a portion or all of the individual's time on behalf of a reporting entity; (ii) money lent to a reporting entity by a financial institution in the ordinary course of business; or (iii) anything described in Subsection (5)(a) that is given by a reporting entity to a candidate or officer in another state. (6) "Filing entity" means: (a) a county office candidate; (b) a county officer; (c) a local school board candidate; (d) a local school board member; or (e) a reporting entity that is required to meet a campaign finance disclosure requirement adopted by a county in accordance with Section 17-70-403. (7) "In-kind contribution" means anything of value, other than money, that is accepted by or coordinated with a filing entity. (8) "Local school board candidate" means an individual who: (a) files a declaration of candidacy for local school board; or (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. (9) (a) "Personal use expenditure" means an expenditure that: (i) (A) is not excluded from the definition of personal use expenditure by Subsection (9)(c); and (B) primarily furthers a personal interest of a county office candidate, county officer, local school board candidate, or a local school board member, or a member of a county office candidate's, county officer's, local school board candidate's, or local school board member's family; or (ii) would cause the county office candidate, county officer, local school board candidate, or local school board member to recognize the expenditure as taxable income under federal law. (b) "Personal use expenditure" includes: (i) a mortgage, rent, utility, or vehicle payment; (ii) a household food item or supply; (iii) a clothing expense, except: (A) clothing bearing the county office candidate's or local school board candidate's name or campaign slogan or logo that is used in the county office candidate's or local school board candidate's campaign; (B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the county officer or local school board member represents or of which the county officer or local school board member is a member; (C) repair or replacement of clothing that is damaged while the county office candidate or county officer is engaged in an activity of a county office candidate or county officer; or (D) repair or replacement of clothing that is damaged while the local school board candidate or local school board member is engaged in an activity of a local school board candidate or local school board member; (iv) admission to a sporting, artistic, or recreational event or other form of entertainment; (v) dues, fees, or gratuities at a country club, health club, or recreational facility; (vi) a salary payment made to: (A) a county office candidate, county officer, local school board candidate, or local school board member; or (B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member; (vii) a vacation; (viii) a vehicle expense; (ix) a meal expense; (x) a travel expense; (xi) payment of an administrative, civil, or criminal penalty; (xii) satisfaction of a personal debt; (xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person; (xiv) a membership fee for a professional or service organization; and (xv) a payment in excess of the fair market value of the item or service purchased. (c) "Personal use expenditure" does not include an expenditure made: (i) for a political purpose; (ii) for candidacy for county office or local school board; (iii) to fulfill a duty or activity of a county officer or local school board member; (iv) for a donation to a registered political party; (v) for a contribution to another candidate's campaign account, including sponsorship of or attendance at an event, the primary purpose of which is to solicit a contribution for another candidate's campaign account; (vi) to return all or a portion of a contribution to a contributor; (vii) for the following items, if made in connection with the candidacy for county office or local school board, or an activity or duty of a county officer or local school board member: (A) a mileage allowance at the rate established by the political subdivision that provides the mileage allowance; (B) for motor fuel or special fuel, as defined in Section 59-13-102; (C) a meal expense; (D) a travel expense, including an expense incurred for airfare or a rental vehicle; (E) a payment for a service provided by an attorney or accountant; (F) a tuition payment or registration fee for participation in a meeting or conference; (G) a gift; (H) a payment for rent, utilities, a supply, or furnishings, in connection with an office space; (I) a booth at a meeting or event; or (J) educational material; (viii) to purchase or mail informational material, a survey, or a greeting card; (ix) for a donation to a charitable organization, as defined in Section 13-22-101, including admission to or sponsorship of an event, the primary purpose of which is charitable solicitation, as defined in Section 13-22-101; (x) to repay a loan a county office candidate or local school board candidate makes from the candidate's personal account to the candidate's campaign account; (xi) to pay membership dues to a national organization whose primary purpose is to address general public policy; (xii) for admission to or sponsorship of an event, the primary purpose of which is to promote the social, educational, or economic well-being of the state or the county candidate's, county officer's, local school board candidate's, or local school board member's community; (xiii) for one or more guests of a county office candidate, county officer, local school board candidate, or local school board member to attend an event, meeting, or conference described in this Subsection (9)(c); (xiv) that is connected with the performance of an activity as a county office candidate or local school board member, or an activity or duty of a county officer or local school board member; or (xv) to pay childcare expenses of: (A) a candidate while the candidate is engaging in campaign activity; or (B) an officeholder while the officeholder is engaging in the duties of an officeholder. (10) "Political purpose" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate or a person seeking an office at any caucus, political convention, or election. (11) "Reporting entity": (a) means the same as that term is defined in Section 20A-11-101; and (b) includes a county office candidate, a county office candidate's personal campaign committee, a county officer, a local school board candidate, a local school board candidate's personal campaign committee, and a local school board member.
Utah Code § 17-71-103 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-103
§ 17-71-103. County recorder duties in certain counties.
Status: in_force

In counties where there is no elected surveyor, the county recorder shall fulfill the duties of a county surveyor as described in Subsection 17-73-201(1)(c).
Utah Code § 17-66-202 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-202
§ 17-66-202. County officers -- Time of holding elections -- County commissioners -- Terms of office.
Status: in_force

(1) Except as otherwise provided in an optional plan adopted under Chapter 62, Forms of County Government: (a) each elected county officer shall be elected at the regular general election every four years in accordance with Section 20A-1-201, except as otherwise provided in this title; (b) county commissioners shall be elected at the times, in the manner, and for the terms provided in Section 17-62-201; and (c) an elected officer shall hold office for the term for which the officer is elected, beginning at noon on the first Monday in January following the officer's election and until a successor is elected or appointed and qualified, except as provided in Section 17-66-201. (2) (a) The terms of county officers shall be staggered in accordance with this Subsection (2). (b) Except as provided in Subsection (2)(c), in the 2014 general election: (i) the following county officers shall be elected to one six-year term and thereafter elected to a four-year term: (A) county treasurer; (B) county recorder; (C) county surveyor; and (D) county assessor; and (ii) all other county officers shall be elected to a four-year term. (c) If a county legislative body consolidates two or more county offices in accordance with Section 17-66-104, and the consolidated offices are on conflicting election schedules, the county legislative body shall pass an ordinance setting the election schedule for the consolidated offices in a reasonable manner that staggers the terms of county officers as provided in this Subsection (2). (3) An individual who holds a municipal elected office may not, at the same time, hold a county elected office. (4) The restriction described in Subsection (3) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
Utah Code § 17-71-305 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-305
§ 17-71-305. Acknowledgments and administrations of oaths.
Status: in_force

County recorders may take and certify acknowledgments and administer oaths.
Utah Code § 17-79-406 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-406
§ 17-79-406. Public uses to conform to general plan.
Status: in_force

After the legislative body has adopted a general plan, the following public properties may not be constructed or authorized unless the public property conforms to the current county general plan: (1) a street, park, or other public way, ground, place, or space; (2) a publicly owned building or structure; and (3) a public utility, whether publicly or privately owned.
Utah Code § 17-65-305 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-305
§ 17-65-305. Actions -- Control and direction.
Status: in_force

(1) (a) A county executive may control and direct the prosecution, defense, and settlement of all lawsuits and other actions: (i) to which the county is a party; (ii) as to which the county may be required to pay the judgment or the costs of prosecution or defense; or (iii) as further provided by county ordinance. (b) If necessary, the county executive may, upon the recommendation of the county or district attorney or if required by court order, employ counsel to: (i) represent the county in the lawsuit or other action; or (ii) assist the county attorney or the district attorney in conducting those lawsuits or any other actions where the county attorney or district attorney, as the case may be, is authorized by law to act. (2) If a lawsuit or other action is brought or prosecuted by another elected official or a board or other entity of the county under a statutory duty, that other elected official, board, or other entity may control and direct the lawsuit or other action, consistent with applicable law.
Utah Code § 17-68-103 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-103
§ 17-68-103. Consolidated office.
Status: in_force

Within a prosecution district, the duties and responsibilities of the district attorney and county attorney may be consolidated into one office as provided in Section 17-66-104.
Utah Code § 17-61-407 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-407
§ 17-61-407. Division of taxes.
Status: in_force

(1) When a new county is created under the provisions of this part and the county officers of the new county have been elected: (a) the county treasurer of the seceding county shall provide to the county treasurer of the new county a certified list of all taxes collected by the county treasurer of the seceding county for the preceding year upon the property located within the portion of the seceding county that has become a part of the new county; and (b) subject to Subsection (2), the county treasurer of the seceding county shall provide to the county treasurer of the new county the county, school district, or other special tax revenue collected by the county treasurer of the seceding county for the preceding year within territory that has become part of the new county. (2) Before furnishing the revenue described in Subsection (1)(b) to the new county, the seceding county may retain: (a) the pro rata cost of assessing and collecting the county, school district, or other special tax revenue collected by the seceding county; and (b) the entire cost of making the certified lists described in Subsection (1)(a).
Utah Code § 17-78-402 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-402
§ 17-78-402. Granting franchises over public roads -- Limitation.
Status: in_force

(1) A county may grant franchises along and over the public roads and highways for all lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the county legislative body are necessary and proper, to be exercised in such manner as to present the least possible obstruction and inconvenience to the traveling public. (2) A franchise under Subsection (1) may not be granted for a period longer than 50 years.
Utah Code § 17-68-101 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-101
§ 17-68-101. Definitions.
Status: in_force

(1) "Attorney" means: (a) a county attorney described in Section 17-68-201; or (b) a district attorney described in Section 17-68-201. (2) "Civil counsel" means the attorney who is exercising the attorney's civil duties for the county. (3) "Prosecution district" means a district created under Part 4, Prosecution District.
Utah Code § 17-64-505 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-505
§ 17-64-505. Business license fees and taxes -- Application information to be transmitted to the county assessor.
Status: in_force

(1) As used in this section, "business" means any enterprise carried on for the purpose of gain or economic profit, except that the acts of employees rendering services to employers are not included in this definition. (2) Except as provided in Subsection (4), the legislative body may by ordinance: (a) provide for the licensing of businesses within the unincorporated areas of the county for the purpose of regulation; and (b) impose fees on businesses to recover the county's costs of regulation. (3) All license fees and taxes shall be uniform in respect to the class upon which the license fees and taxes are imposed. (4) (a) As used in this Subsection (4): (i) (A) "Event requirement" means a requirement a county imposes on individuals who participate in a county event. (B) "Event requirement" does not include a requirement that is inconsistent with Subsection (4)(b). (ii) "Exempt individual" means an individual who, under Subsection (4)(b), may not be required to have a business license or permit. (iii) "County event" means an event hosted or sponsored by a county. (b) A county may not require a license or permit for a business that is operated: (i) only occasionally; and (ii) by an individual who is under 19 years old. (c) Subsection (4)(b) does not prevent a county from imposing an event requirement on an exempt individual who participates in a county event. (5) A county may not: (a) charge a license fee for a home-based business unless the combined offsite impact of the home-based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone; or (b) require, as a condition of obtaining or maintaining a license or permit for a business: (i) that an employee or agent of a business complete education, continuing education, or training that is in addition to requirements under state law or state licensing requirements; or (ii) that a business disclose financial information, inventory amounts, or proprietary business information except as specifically authorized under state or federal law. (6) The county business licensing agency shall transmit the information from each approved business license application to the county assessor within 60 days after the day on which the licensing agency approves the application. (7) This section may not be construed to enhance, diminish, or otherwise alter the taxing power of counties existing before the effective date of Laws of Utah 1988, Chapter 144.
Utah Code § 17-72-303 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-303
§ 17-72-303. Duty to respond to county legislative body, county executive.
Status: in_force

The county sheriff shall respond to a request for assistance made by the county legislative body or county executive in accordance with Section 17-66-506.
Utah Code § 17-62-405 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-405
§ 17-62-405. County attorney review of proposed optional plan -- Conflict with statutory or constitutional provisions -- Processing of optional plan after attorney review.
Status: in_force

(1) As used in this section: (a) "Proposed optional plan" means an optional plan that is submitted to the county attorney for review in accordance with a provision of this chapter. (b) "Requesting entity" means the person who submits a proposed optional plan to the county attorney for review in accordance with a provision of this chapter. (2) (a) Within 45 days after the day on which the county attorney receives a proposed optional plan from a requesting entity, the county attorney shall review the proposed optional plan and send a written report containing the information described in Subsection (2)(b) to: (i) the requesting entity; and (ii) (A) the petition sponsors, if the proposed optional plan was recommended under Section 17-62-303; or (B) the study committee, if the proposed optional plan was recommended under Section 17-62-402. (b) A report from the county attorney under Subsection (2)(a) shall: (i) state the county attorney's opinion as to whether implementation of the proposed optional plan would result in a violation of any applicable statutory or constitutional provision; (ii) if the county attorney concludes that a violation would result: (A) identify specifically each statutory or constitutional provision that implementation of the proposed optional plan would violate; (B) identify specifically each provision or feature of the proposed optional plan that would result in a statutory or constitutional violation if the proposed optional plan is implemented; and (C) recommend how the proposed optional plan may be modified to avoid the statutory or constitutional violation. (3) (a) The proposed optional plan may not be the subject of an election under Section 17-62-501 if: (i) the county attorney has not reviewed and submitted a written report in accordance with this section; or (ii) the county attorney concludes that implementation of the proposed optional plan would result in a violation of an applicable statutory or constitutional provision. (b) The study committee may: (i) modify a proposed optional plan that the study committee recommends in accordance with Section 17-62-402 to avoid a violation that a county attorney's report describes under Subsection (2); and (ii) file a new report under Subsection 17-62-402(3)(a)(iv). (c) A county legislative body may: (i) modify a proposed optional plan that the county legislative body proposes in accordance with Section 17-62-302 or 17-62-402 to avoid a violation that a county attorney's report describes under Subsection (2); and (ii) within 10 days of modifying the proposed optional plan, send the modified proposed optional plan to: (A) the county clerk, if the proposed optional plan was proposed in accordance with Section 17-62-302; and (B) the county attorney for review in accordance with this section. (d) (i) The petition sponsors may: (A) modify a proposed optional plan that the petition proposes in accordance with Subsection 17-62-303(1)(a)(ii) to avoid a violation that a county attorney's report describes under Subsection (2); and (B) submit the modified proposed optional plan to the county clerk. (ii) Upon receipt of a modified proposed optional plan described in Subsection (3)(d)(i), the county clerk shall send the modified proposed optional plan to the county attorney for review in accordance with this section. (4) The county executive, county legislative body, county attorney, and county clerk shall treat the following as an original: (a) a new report that a study committee files under Subsection 17-62-402(3)(a)(iv); (b) a modified proposed optional plan that a county legislative body sends under Subsection (3)(c); and (c) a modified proposed optional plan that petition sponsors submit to the county clerk and that the county clerk sends under Subsection (3)(d). (5) If the county attorney's written report under Subsection (2)(b) does not identify any provisions or features of the proposed optional plan that, if implemented, would violate a statutory or constitutional provision, the proposed optional plan is subject to the provisions described in Section 17-62-501.
Utah Code § 17-79-714 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-714
§ 17-79-714. Restrictions for solar and other energy devices.
Status: in_force

The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the plat or subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the plat or subdivision.
Utah Code § 17-63-504 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-504
§ 17-63-504. Costs between counties on removal of criminal actions.
Status: in_force

When a criminal action is removed before trial, the costs accruing upon the removal shall be a charge against the county in which the indictment or information was found or filed.
Utah Code § 17-79-402 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-402
§ 17-79-402. Specific provisions for general plan.
Status: in_force

(1) (a) The general plan of a specified county, as defined in Section 17-80-101, shall include a moderate income housing element that meets the requirements of Section 17-80-201. (b) (i) This Subsection (1)(b) applies to a county that does not qualify as a specified county as of January 1, 2023. (ii) As of January 1, if a county changes from one class to another or grows in population to qualify as a specified county, the county shall amend the county's general plan to include a moderate income housing element that meets the requirements of Section 17-80-201 on or before August 1 of the first calendar year beginning on January 1 in which the county qualifies as a specified county. (iii) A county described in Subsection (1)(b)(ii) shall send a copy of the county's amended general plan to the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member. (2) (a) All county general plans shall contain a resource management plan for the public lands, as defined in Section 63L-6-102, within the county. (b) The resource management plan described in Subsection (2)(a) shall address: (i) mining; (ii) land use; (iii) livestock and grazing; (iv) irrigation; (v) agriculture; (vi) fire management; (vii) noxious weeds; (viii) forest management; (ix) water rights; (x) ditches and canals; (xi) water quality and hydrology; (xii) flood plains and river terraces; (xiii) wetlands; (xiv) riparian areas; (xv) predator control; (xvi) wildlife; (xvii) fisheries; (xviii) recreation and tourism; (xix) energy resources; (xx) mineral resources; (xxi) cultural, historical, geological, and paleontological resources; (xxii) wilderness; (xxiii) wild and scenic rivers; (xxiv) threatened, endangered, and sensitive species; (xxv) land access; (xxvi) law enforcement; (xxvii) economic considerations; and (xxviii) air. (c) For each item listed under Subsection (2)(b), a county's resource management plan shall: (i) establish findings pertaining to the item; (ii) establish defined objectives; and (iii) outline general policies and guidelines on how the objectives described in Subsection (2)(c)(ii) are to be accomplished. (3) (a) (i) All county general plans shall include specific provisions related to an area within, or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a county, which are proposed for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as these wastes are defined in Section 19-3-303. (ii) The provisions described in Subsection (3)(a)(i) shall address the effects of the proposed site upon the health and general welfare of citizens of the state, and shall provide: (A) the information identified in Section 19-3-305; (B) information supported by credible studies that demonstrates that Subsection 19-3-307(2) has been satisfied; and (C) specific measures to mitigate the effects of high-level nuclear waste and greater than class C radioactive waste and guarantee the health and safety of the citizens of the state. (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance indicating that all proposals for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive waste wholly or partially within the county are rejected. (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time. (d) The county shall send a certified copy of the ordinance described in Subsection (3)(b) to the executive director of the Department of Environmental Quality by certified mail within 30 days of enactment. (e) If a county repeals an ordinance adopted under Subsection (3)(b), the county shall: (i) comply with Subsection (3)(a) as soon as reasonably possible; and (ii) send a certified copy of the repeal to the executive director of the Department of Environmental Quality by certified mail within 30 days after the repeal. (4) If a county has designated a mountainous planning district, the general plan for the mountainous planning district is the controlling plan.
Utah Code § 17-73-506 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-506
§ 17-73-506. Amendment of survey maps or narratives by affidavit of corrections.
Status: in_force

(1) Any survey map or narrative filed under the provisions of this chapter may be amended by an affidavit of corrections: (a) to show any courses or distances omitted from the map or narrative; (b) to correct an error in the description of the real property shown on the map or narrative; or (c) to correct any other errors or omissions where the error or omission is ascertainable from the data shown on the map or narrative as recorded. (2) (a) The affidavit of correction shall be prepared by the licensed professional land surveyor who filed the map or narrative. (b) In the event of the death, disability, or retirement from practice of the surveyor who filed the map or narrative, the county surveyor may prepare the affidavit of correction. (c) The affidavit shall set forth in detail the corrections made. (d) The seal and signature of the licensed professional land surveyor filing the affidavit of correction shall be affixed to the affidavit. (3) The county surveyor having jurisdiction of the map or narrative shall certify that the affidavit of correction has been examined and that the changes shown on the map or narrative are changes permitted under this section. (4) Nothing in this section permits changes in courses or distances for the purpose of redesigning parcel configurations.
Utah Code § 17-60-502 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-502
§ 17-60-502. Knives regulated by state.
Status: in_force

(1) As used in this section, "knife" means a cutting instrument that includes a sharpened or pointed blade. (2) The authority to regulate a knife is reserved to the state except where the Legislature specifically delegates responsibility to a county. (3) (a) Unless specifically authorized by the Legislature or, subject to Subsection (3)(b), a county ordinance with a criminal penalty, a county may not enact or enforce an ordinance or a regulation pertaining to a knife. (b) A county may not enact an ordinance with a criminal penalty pertaining to a knife that is: (i) more restrictive than a state criminal penalty pertaining to a knife; or (ii) has a greater criminal penalty than a state penalty pertaining to a knife.
Utah Code § 17-60-509 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-509
§ 17-60-509. Golf courses -- Limitations on county ordinances restricting golf course maintenance.
Status: in_force

(1) As used in this section: (a) "Golf course" means: (i) a privately owned golf course that is located, in whole or in part, within an unincorporated area of the county; or (ii) a golf course located, in whole or in part, within an unincorporated area of the county, that is owned by a county, municipality, or other governmental entity. (b) "Maintenance operations" means mowing, trimming, or related activities necessary for the routine upkeep of golf course grounds. (2) Except as provided in Subsection (3), a county may not enact or enforce an ordinance that prohibits a golf course from conducting maintenance operations between the hours of 5:30 a.m. and 10 p.m. (3) A county may prohibit or restrict maintenance operations at a golf course at any time if the golf course is owned by the county.
Utah Code § 17-72-501 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-501
§ 17-72-501. Disclosure of prisoner medical clearance -- Care and health care of prisoners -- Funding of services -- Private contractor.
Status: in_force

(1) (a) A health care provider, as defined in Section 78B-3-403, who provides health care to an individual before the individual is booked into a county jail by a competent authority, is authorized to disclose to the competent authority whether the individual is medically cleared for incarceration. (b) The disclosure under Subsection (1)(a) shall be made in writing if requested by the competent authority. (2) Except as provided in Subsection (8), a sheriff shall: (a) receive each prisoner committed to jail by competent authority; (b) provide each prisoner with necessary food, clothing, and bedding in the manner prescribed by the county legislative body; (c) subject to Subsection (7), provide each prisoner health care when: (i) the prisoner's symptoms evidence a serious disease or injury; (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and (iii) the potential for harm to the prisoner by reason of delay or the denial of health care would be substantial; (d) provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception: (i) an oral contraceptive; (ii) an injectable contraceptive; (iii) a patch; (iv) a vaginal ring; or (v) an intrauterine device, if the prisoner was prescribed the intrauterine device because the prisoner experiences serious and persistent adverse effects when using the methods of contraception described in Subsections (2)(d)(i) and (ii); (e) (i) within 30 days after a prisoner is committed to jail, use an evidence-based screening tool to screen each inmate for substance use disorders; and (ii) use the results of the screening to assist with providing programming and treatment options for the prisoner; (f) cooperate with health care personnel to continue a medication assisted treatment plan for a prisoner if the prisoner was an active client before arrest and commitment; and (g) ensure that each female prisoner younger than 50 years old who has been incarcerated for longer than 72 hours on a state or local criminal offense is offered, which the prisoner may reject, a test for pregnancy. (3) A sheriff may provide the generic form of a contraceptive described in Subsection (2)(d)(i) or (ii). (4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in postpartum recovery, as that term is defined in Section 64-13-46, including the reporting requirements described in Subsections 17-22-32(2)(m) and (n). (5) (a) Except as provided in Section 17-72-506 and Subsection (5)(b), the expense incurred in providing the services required by this section to prisoners shall be paid from the county treasury. (b) The expense incurred in providing the services described in Subsection (2)(d) to prisoners shall be paid by the Department of Health and Human Services. (6) A medication used for a medication assisted treatment plan under Subsection (2)(f): (a) shall be administered to a prisoner in accordance with the prisoner's prescription under the direction of the sheriff; (b) may be paid for by a county; and (c) may be left or stored at a jail at the discretion of the sheriff. (7) (a) A sheriff may not initiate any of the following procedures or treatments for a prisoner: (i) a cross-sex hormone treatment; (ii) a primary sex characteristic surgical procedure; or (iii) a secondary sex characteristic surgical procedure. (b) Subject to Subsection (7)(a) and Section 17-72-503, a sheriff may provide psychotherapy, mental health care, or any other necessary and appropriate treatment to treat a prisoner's gender dysphoria and any co-occuring mental health disorder. (8) If the county executive contracts with a private contractor to provide the services required by this section, the sheriff shall provide only those services required of the sheriff by the contract between the county and the private contractor.
Utah Code § 17-78-304 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-304
§ 17-78-304. Joint action of two or more counties.
Status: in_force

Whenever the construction of a flood control project described in this part is for the mutual benefit of two or more counties, the governing bodies of the counties may jointly enter into such co-operative contracts with the United States of America, or any federal agency , for the construction of the flood control project.
Utah Code § 17-62-402 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-402
§ 17-62-402. Study committee -- Members -- Powers and duties -- Proposed plan and report -- Services provided by county.
Status: in_force

(1) (a) As used in this Subsection (1), "council of governments" means the same as that term is defined in Section 17B-2a-802. (b) A study committee consists of: (i) for a study committee established by the county legislative body under Section 17-62-302: (A) two members appointed by the county legislative body, who each may be either a member of the county legislative body or an individual appointed by the county legislative body; and (B) three members appointed by the county's council of governments, who each may be either a member of the county's council of governments or an individual appointed by the county's council of governments; or (ii) for a study committee established by the registered voters through a petition under Section 17-62-303: (A) one member appointed by the sponsors of the petition; and (B) four members appointed by the county's council of governments. (c) A member of a study committee: (i) may not receive compensation for service on the study committee; (ii) may not hold an elected county office or have filed a current declaration of candidacy for an elected county office; and (iii) shall be a registered voter. (d) The county legislative body shall reimburse each member of a study committee for necessary expenses incurred in performing the member's duties on the study committee. (2) A study committee may: (a) make rules for the study committee's own organization and procedure and to fill a vacancy in its membership; (b) establish advisory boards or committees and include on the advisory boards or committees persons who are not members of the study committee; and (c) request the assistance and advice of any officers or employees of any agency of state or local government. (3) (a) A study committee shall: (i) study the form of government within the county and compare it with other forms available under this chapter; (ii) determine whether the administration of local government in the county could be strengthened, made more clearly responsive or accountable to the people, or significantly improved in the interest of economy and efficiency by a change in the form of county government; (iii) hold public hearings and community forums and other means the committee considers appropriate to disseminate information and stimulate public discussion of the committee's purposes, progress, and conclusions; and (iv) file a written report of the study committee's findings and recommendations with the county executive, the county legislative body, and the county clerk no later than one year after the convening of the study committee's first meeting under Section 17-62-401. (b) Within 10 days after the day on which the study committee submits the study committee's report under Subsection (3)(a)(iv), if the report recommends a change in the form of county government, the county clerk shall send to the county attorney a copy of the optional plan recommended in the report for review in accordance with Section 17-62-405. (4) Each study committee report under Subsection (3)(a)(iv) shall include: (a) the study committee's recommendation as to whether the form of county government should be changed to another form authorized under this chapter; (b) if the study committee recommends changing the form of government, a complete detailed draft of a proposed optional plan to change the form of county government, including all necessary implementing provisions; and (c) any additional recommendations the study committee considers appropriate to improve the efficiency and economy of the administration of local government within the county. (5) (a) If the study committee's report recommends a change in the form of county government, the study committee may conduct additional public hearings after filing the report under Subsection (3)(a)(iv) and, following the hearings and subject to Subsection (5)(b), alter the report or proposed optional plan. (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration to the report or proposed optional plan: (i) that would recommend the adoption of an optional form different from that recommended in the original report; or (ii) within the 160-day period before the election under Section 17-62-501. (6) Each meeting that the study committee holds shall be open to the public. (7) If the study committee's report does not recommend a change in the form of county government, the report is final, the study committee is dissolved, and the process to change the county's form of government is concluded. (8) The county legislative body shall provide for the study committee: (a) suitable meeting facilities; (b) necessary secretarial services; (c) necessary printing and photocopying services; (d) necessary clerical and staff assistance; and (e) adequate funds for the employment of independent legal counsel and professional consultants that the study committee reasonably determines to be necessary to help the study committee fulfill its duties. (9) The county legislative body may not interfere with the work of the study committee.
Utah Code § 17-79-708 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-708
§ 17-79-708. Exemptions from plat requirement.
Status: in_force

(1) Notwithstanding any other provision of law, a plat is not required if: (a) a county establishes a process to approve an administrative land use decision for the subdivision of unincorporated land or mountainous planning district land into 10 or fewer parcels without a plat; and (b) the county provides in writing that: (i) the county has provided a certificate or written approval as required by ordinance; and (ii) the proposed subdivision: (A) is not traversed by the mapped lines of a proposed street as shown in the general plan unless the county has approved the location and dedication of any public street, county utility easement, any other easement, or any other land for public purposes as the county's ordinance requires; (B) has been approved by the culinary water authority and the sanitary sewer authority; (C) is located in a zoned area; and (D) conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance. (2) (a) Subject to Subsection (1), a parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 17-79-703 if: (i) the parcel: (A) qualifies as land in agricultural use under Section 59-2-502; and (B) is not used and will not be used for any nonagricultural purpose; and (ii) the new owner of record completes, signs, and records with the county recorder a notice: (A) describing the parcel by legal description; and (B) stating that the parcel is created for agricultural purposes as defined in Section 59-2-502 and will remain so until a future zoning change permits other uses. (b) If a parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the county shall require the parcel to comply with the requirements of Section 17-79-703 and all applicable land use ordinance requirements. (3) (a) Except as provided in Subsection (4), a document recorded in the county recorder's office that divides property by a metes and bounds description does not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection (1) is attached to the document. (b) The absence of the certificate or written approval required by Subsection (1) does not: (i) prohibit the county recorder from recording a document; or (ii) affect the validity of a recorded document. (c) A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106. (4) (a) As used in this Subsection (4): (i) "Divided land" means land that has been divided by a minor subdivision. (ii) "Land to be divided" means land that is proposed to be divided by a minor subdivision. (iii) "Minor subdivision" means a division of at least 50 contiguous acres of agricultural land in a county of the third, fourth, fifth, or sixth class to create one new parcel that, after the division, is separate from the remainder of the original 50 or more contiguous acres of agricultural land. (iv) "Minor subdivision parcel" means a parcel created by a minor subdivision. (b) Notwithstanding Sections 17-79-703 and 17-79-704, an owner of at least 50 contiguous acres of agricultural land may make a minor subdivision by submitting for recording in the office of the recorder of the county in which the land to be divided is located: (i) a recordable deed containing the legal description of the minor subdivision parcel; and (ii) a notice: (A) indicating that the owner of the land to be divided is making a minor subdivision; (B) referring specifically to this section as the authority for making the minor subdivision; and (C) containing the legal description of: (I) the land to be divided; and (II) the proposed minor subdivision parcel. (c) A minor subdivision parcel: (i) may not be less than one acre in size; (ii) may not be within 500 feet of another minor subdivision parcel within the divided land; (iii) is not subject to the subdivision ordinance of the county in which the minor subdivision parcel is located; and (iv) is not required to be owned by the same person that owns the divided land. (d) A minor subdivision is effective the day on which it is recorded. (e) A county: (i) may not deny a building permit to an owner of a minor subdivision parcel based on: (A) the parcel's status as a minor subdivision parcel; or (B) the absence of standards described in Subsection (4)(e)(ii); and (ii) may, in connection with the issuance of a building permit, subject a minor subdivision parcel to reasonable health, safety, and access standards that the county has established and made public. (5) (a) Notwithstanding Sections 17-79-703 and 17-79-704, and subject to Subsection (1), the legislative body of a county may enact an ordinance allowing the subdivision of a parcel, without complying with the plat requirements of Section 17-79-703, if: (i) the parcel contains an existing legal single family dwelling unit; (ii) the subdivision results in two parcels, one of which is agricultural land; (iii) the parcel of agricultural land: (A) qualifies as land in agricultural use under Section 59-2-502; and (B) is not used, and will not be used, for a nonagricultural purpose; (iv) both the parcel with an existing legal single family dwelling unit and the parcel of agricultural land meet the minimum area, width, frontage, and setback requirements of the applicable zoning designation in the applicable land use ordinance; and (v) the owner of record completes, signs, and records with the county recorder a notice: (A) describing the parcel of agricultural land by legal description; and (B) stating that the parcel of agricultural land is created as land in agricultural use, as defined in Section 59-2-502, and will remain as land in agricultural use until a future zoning change permits another use. (b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a) is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no longer applies, and the county shall require the owner of the parcel to: (i) retroactively comply with the subdivision plat requirements of Section 17-79-703; and (ii) comply with all applicable land use ordinance requirements. (6) (a) The boundaries of any subdivision exempted from the plat requirement under this section shall be graphically illustrated on a record of survey map that includes: (i) a legal description of the parcel to be divided; (ii) a legal description of each parcel created by the subdivision; and (iii) a citation to the specific provision of this section for which an exemption to the plat requirement is authorized. (b) The record of survey map described in Subsection (6)(a) shall be filed with the county surveyor in accordance with Section 17-73-504.