Utah Code § 17-75-101 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-101
§ 17-75-101. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Appointed officer" means an individual appointed to: (i) a statutory office or position; or (ii) a position of employment with a county, except a special employee. (b) "Appointed officer" includes an individual serving on a special, regular or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual's services. (c) "Appointed officer" does not include an elected officer. (2) "Assist" means to act, or offer or agree to act: (a) to help, represent, aid, advise, furnish information to, or otherwise provide assistance to an individual or business entity; (b) believing that the action is of help, aid, advice, or assistance to the individual or business entity; and (c) with the intent to assist the individual or business entity. (3) "Authorized legislative day" means: (a) a day on which the Legislature convenes for: (i) the annual general session; (ii) a special session; (iii) a veto override session; or (iv) an interim day, designated by the Legislative Management Committee described in Section 36-12-6; (b) an authorized legislative training day; or (c) any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: (i) the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; (ii) the legislator's attendance at the meeting is approved by the Legislative Management Committee described in Section 36-12-6; and (iii) service and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7. (4) "Authorized legislative training day" means a day that a Legislative Expenses Oversight Committee, described in Legislative Joint Rule 5-1-102 or any successor provision, designates as an authorized legislative day for training or informational purposes, including: (a) chair training; (b) an issue briefing; (c) legislative leadership instruction; (d) legislative process training; (e) legislative rules training; (f) new legislator orientation; or (g) another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties. (5) "Business entity" means to conduct business as a: (a) sole proprietorship; (b) partnership; (c) association; (d) joint venture; (e) corporation; (f) firm; (g) trust; (h) foundation; (i) organization; or (j) entity. (6) "Career service position" means any position in the county service except those exempted under Section 17-75-502. (7) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever. (8) "Council" means the career service council, a bipartisan, three-member appeals and personnel advisory board. (9) "Director" means the director of personnel management. (10) "Elected officer" means an individual elected or appointed to an office in the county. (11) "Eligible applicant" means any applicant for employment that meets the job related minimum requirements established for a position in the career service. (12) "Eligible list" means a list of eligible applicants for employment ranked in order of relative knowledge, skill, ability and merit. (13) "Exempt positions" means those positions which are not in the career service as specified in Section 17-75-502. (14) "Governmental action" means an action on the part of a county including: (a) a decision, determination, finding, ruling, or order; (b) a grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval; or (c) the denial of, or failure to act upon, a matter described in Subsection (14)(a) or (b). (15) "Legislator" means: (a) a member of the Utah Senate; (b) a member of the Utah House of Representatives; or (c) an individual who has been elected as a member described in Subsection (15)(a) or (b), but has not yet been sworn in or begun the individual's term of office. (16) "Merit system" means a system of personnel administration based on the principles set forth in Section 17-75-402. (17) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy. (18) "Officer" means an appointed officer or an elected officer. (19) "Personnel rules" means the rules the county adopts in accordance with Section 17-75-602. (20) "Position classification" means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied. (21) "Provisional appointment" means an appointment to fill a position pending the establishment of a register for such position. (22) "Retaliatory action" means to: (a) dismiss the employee; (b) reduce the employee's compensation; (c) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; (d) fail to promote the employee if the employee would have otherwise been promoted; or (e) threaten to take an action described in Subsections (22)(a) through (d). (23) "Special employee" means an individual hired on the basis of a contract to perform a special service for the county in accordance with an award of a contract following a public bid. (24) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, and the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity.
Utah Code § 17-68-203 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-203
§ 17-68-203. License suspended -- Vacancy.
Status: in_force

(1) If a county attorney or district attorney is suspended or disbarred from the practice of law in the state, the county attorney's or district attorney's office is considered vacant immediately upon suspension or disbarment. (2) A vacancy in the office of county attorney or district attorney shall be filled as provided in Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3.
Utah Code § 17-76-209 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-209
§ 17-76-209. Preparation and expiration of eligible register -- Appointments from eligible register -- Failure to accept appointment -- Probationary period.
Status: in_force

(1) (a) Upon completion of an examination, the commission shall make an eligible register that contains the names of all applicants that received a passing grade in the order of grades earned, beginning with the highest. (b) An eligible register expires not later than two years after the date of the examination unless the commission, for good reason, extends the time not to exceed one additional year. (c) When the commission makes a new eligible register, previous eligible registers for the same class or position are automatically canceled. (2) (a) When a peace officer is to be appointed, the appointing authority shall request that the commission certify three eligible applicants for the position. (b) After the appointing authority makes a request described in Subsection (2)(a): (i) the commission shall certify to the appointing authority the names of the three applicants standing highest on the eligible register; and (ii) the appointing authority shall select and appoint one of the three applicants the commission certifies. (c) If an applicant described in Subsection (2)(b)(ii) does not accept the appointing authority's offer of appointment, the applicant may, in writing: (i) request that the applicant retain the applicant's place on the eligible register; and (ii) provide reasons sufficient, in the judgment of the commission, to justify the applicant's rejection of the appointing authority's offer of appointment. (3) (a) A peace officer appointed under Subsection (2) shall serve a probationary period of 12 consecutive months, during which time the appointing authority may discharge the peace officer. (b) The probationary period shall be extended as necessary for a peace officer who has not yet satisfactorily completed an approved peace officer training program and received a certificate of completion under Title 53, Chapter 6, Peace Officer Standards and Training Act. (c) If a peace officer remains in the position to which the peace officer was appointed after the expiration of the probationary period, the peace officer's retention constitutes appointment to merit status. (d) Service as a peace officer under a temporary or emergency appointment is not considered as part of the probationary period. (e) A peace officer removed during the peace officer's probationary period may not be placed on the eligible register again without having passed another regular examination.
Utah Code § 17-80-303 — Utah Code / Title 17 / Chapter 17-80 / § 17-80-303
§ 17-80-303. Internal accessory dwelling units.
Status: in_force

(1) In any area zoned primarily for residential use: (a) the use of an internal accessory dwelling unit is a permitted use; (b) except as provided in Subsections (2) and (3), a county may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing: (i) the size of the internal accessory dwelling unit in relation to the primary dwelling; (ii) total lot size; (iii) street frontage; or (iv) internal connectivity; and (c) a county's regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts. (2) An internal accessory dwelling unit shall comply with all applicable building, health, and fire codes. (3) A county may: (a) prohibit the installation of a separate utility meter for an internal accessory dwelling unit; (b) require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling; (c) require a primary dwelling: (i) regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the county's land use ordinance, except that if the county's land use ordinance requires four off-street parking spaces, the county may not require the additional space contemplated under this Subsection (3)(c)(i); and (ii) to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is habitable space; (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3; (e) require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit; (f) prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to 25% or less of the total unincorporated area in the county that is zoned primarily for residential use, except that the county may not prohibit newly constructed internal accessory dwelling units that: (i) have a final plat approval dated on or after October 1, 2021; and (ii) comply with applicable land use regulations; (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank; (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet or less in size; (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days; (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence; (k) hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (4); and (l) record a notice for an internal accessory dwelling unit in accordance with Subsection (5). (4) (a) In addition to any other legal or equitable remedies available to a county, a county may hold a lien against a property that contains an internal accessory dwelling unit if: (i) the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (3); (ii) the county provides a written notice of violation in accordance with Subsection (4)(b); (iii) the county holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv); (iv) the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (4)(b); (v) the county provides a written notice of lien in accordance with Subsection (4)(c); and (vi) the county records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located. (b) The written notice of violation shall: (i) describe the specific violation; (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: (A) no less than 14 days after the day on which the county sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or (B) no less than 30 days after the day on which the county sends the written notice of violation, for any other violation; (iii) state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the county may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; (iv) notify the owner of the property: (A) that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and (B) of the name and address of the county office where the owner may file the written objection; (v) be mailed to: (A) the property's owner of record; and (B) any other individual designated to receive notice in the owner's license or permit records; and (vi) be posted on the property. (c) The written notice of lien shall: (i) comply with the requirements of Section 38-12-102; (ii) describe the specific violation; (iii) specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; (iv) be mailed to: (A) the property's owner of record; and (B) any other individual designated to receive notice in the owner's license or permit records; and (v) be posted on the property. (d) (i) If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the county shall: (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and (B) notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held. (ii) If an owner of property files a written objection under Subsection (4)(b)(iv), a county may not record a lien under this Subsection (4) until the county holds a hearing and determines that the specific violation has occurred. (iii) If the county determines at the hearing that the specific violation has occurred, the county may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. (e) If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the county may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation under Subsection (4)(b). (5) (a) A county that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located. (b) The notice described in Subsection (5)(a) shall include: (i) a description of the primary dwelling; (ii) a statement that the primary dwelling contains an internal accessory dwelling unit; and (iii) a statement that the internal accessory dwelling unit may only be used in accordance with the county's land use regulations. (c) The county shall, upon recording the notice described in Subsection (5)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
Utah Code § 17-79-903 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-903
§ 17-79-903. Nonconforming uses and noncomplying structures.
Status: in_force

(1) (a) Except as provided in this section, a nonconforming use or a noncomplying structure may be continued by the present or a future property owner. (b) A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension. (c) For purposes of this Subsection (1), the addition of a solar energy device to a building is not a structural alteration. (2) The legislative body may provide for: (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of nonconforming uses upon the terms and conditions set forth in the land use ordinance; (b) the termination of all nonconforming uses, except billboards, by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his investment in the nonconforming use, if any; and (c) the termination of a nonconforming use due to its abandonment. (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure or use has been abandoned. (b) A county may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if: (i) the structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after the day on which written notice is served to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six months; or (ii) the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use. (c) (i) Notwithstanding a prohibition in the county's zoning ordinance, a county may permit a billboard owner to relocate the billboard within the county's unincorporated area to a location that is mutually acceptable to the county and the billboard owner. (ii) If the county and billboard owner cannot agree to a mutually acceptable location within 180 days after the day on which the owner submits a written request to relocate the billboard, the billboard owner may relocate the billboard in accordance with Subsection 17-79-605(2). (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal existence for nonconforming uses, the property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use through substantial evidence, which may not be limited to municipal or county records. (b) Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment. (c) Abandonment may be presumed to have occurred if: (i) a majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the county regarding an extension of the nonconforming use; (ii) the use has been discontinued for a minimum of one year; or (iii) the primary structure associated with the nonconforming use remains vacant for a period of one year. (d) The property owner may rebut the presumption of abandonment under Subsection (4)(c), and has the burden of establishing that any claimed abandonment under Subsection (4)(c) has not occurred. (5) A county may terminate the nonconforming status of a school district or charter school use or structure when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a period established by ordinance.
Utah Code § 17-66-301 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-301
§ 17-66-301. Unauthorized payment or warrant -- Investigation by another county attorney -- Action to enjoin or recover payment.
Status: in_force

(1) (a) If a county officer, without authority of law, orders any money paid for any purpose, or if any other county officer draws a warrant in the county officer's own favor or in favor of any other person without being authorized by the county legislative body or by law, the county attorney of that county shall request a county attorney from another county to investigate whether an unauthorized payment has been ordered or an unauthorized warrant drawn. (b) If the county attorney requests a county attorney from another county to investigate under Subsection (1)(a), the county attorney shall deputize the investigating county attorney. (2) If an investigating county attorney determines that an unauthorized payment has been ordered or that an unauthorized warrant has been drawn, that county attorney may commence and prosecute an action in the name of the county: (a) if the payment has not been made or the warrant paid, to enjoin the payment of the unauthorized payment or of the unauthorized warrant; or (b) if the payment has been made or the warrant paid: (i) to the extent possible, to recover the amount from the payee or the county officer; or (ii) to the extent applicable, to recover the amount in accordance with the applicable crime insurance policy. (3) An order of the county legislative body is not necessary in order to maintain an action under Subsection (2).
Utah Code § 17-77-307 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-307
§ 17-77-307. Local mental health advisory councils -- Powers and responsibilities.
Status: in_force

(1) A county legislative body may, separately or in conjunction with one or more other counties, establish a local mental health advisory council. (2) If a county legislative body establishes a local mental health advisory council, the local mental health advisory council shall comply with this section. (3) (a) Local mental health advisory council members shall be appointed by their respective county legislative bodies. (b) Initial appointment of the members of the local mental health advisory council shall be: (i) one-fourth for one year; (ii) one-fourth for two years; (iii) one-fourth for three years; and (iv) one-fourth for four years. (c) (i) After the initial appointment described in Subsection (3)(b), the term of each local mental health advisory council member shall be four years. (ii) Vacancies for a local mental health advisory council member shall be filled in the same manner as for unexpired terms. (iii) The county legislative body may remove local mental health advisory council members for cause. (4) Each local mental health advisory council shall be responsible and advisory to local mental health authorities in planning, organizing, and operating community mental health programs. (5) Local mental health advisory council members shall be selected from persons representative of interested groups in the community, including, if possible: (a) an officer or employee of the school district within the city or county; (b) one or more individuals familiar with problems in mental health, as these are involved in proceedings in criminal, domestic, or juvenile courts; (c) one or more members of voluntary health, welfare, or mental health associations or agencies; (d) a member of the legislative body of each participating county; and (e) at least one individual: (i) licensed in this state to practice medicine; and (ii) engaged in the private practice of medicine. (6) Local mental health advisory council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties, from funds made available to local mental health authorities. (7) Each local mental health advisory council shall be: (a) an agent of the local mental health authority; and (b) subject to laws and requirements relating to the local mental health authority.
Utah Code § 17-66-101 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-101
§ 17-66-101. Definitions.
Status: in_force

As used in this chapter: (1) "Compensation" means: (a) salary, including salary paid under a contract; (b) a budgeted bonus or budgeted incentive pay; (c) a vehicle allowance; and (d) deferred salary. (2) "Compensation increase" means an increase in any item of compensation listed in Subsection (1). (3) "County office" means an office enumerated in Section 17-66-102 that is required to be filled by an election. (4) "County officer" means an elected official enumerated in Section 17-66-102. (5) "Finance officer" means: (a) the county auditor; or (b) if the county council has delegated accounting services under Section 17-69-401, the person selected by the county council to provide accounting services to the county. (6) "Governing body" means, respectively: (a) a county commission; (b) a county council and county executive; or (c) a county council and county manager. (7) "Legislative body" means the same as that term is defined in Section 17-64-101.
Utah Code § 17-79-213 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-213
§ 17-79-213. Hearing and notice procedures for modifying sign regulations.
Status: in_force

(1) (a) Before any hearing or public meeting to consider a proposed land use regulation or land use application modifying sign regulations for an illuminated sign within any unified commercial development, as defined in Section 72-7-504.6, or within any planned unit development, a county shall give written notice of the proposed illuminated sign to: (i) each property owner within a 500 foot radius of the sign site; (ii) a municipality or county within a 500 foot radius of the sign site; and (iii) any outdoor advertising permit holder described in Subsection 72-7-506(2)(b). (b) The notice described in Subsection (1)(a) shall include the schedule of public meetings at which the proposed changes to land use regulations or land use application will be discussed. (2) A county shall require the property owner or applicant to commence in good faith the construction of the commercial or industrial development within one year after the installation of the illuminated sign.
Utah Code § 17-76-506 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-506
§ 17-76-506. County Fire Civil Service System rules and policies.
Status: in_force

(1) The executive director shall recommend policies for the County Fire Civil Service System, which shall be subject to approval by the county legislative body. (2) The County Fire Civil Service System policies shall provide for recruiting activities, including the recruiting of minorities and women, job-related minimum requirements, selection procedures, certification procedures, appointments, probationary periods, promotion, position classification, recordkeeping, reductions in force, grievances and complaints, disciplinary action, work hours, holidays, and other necessary and proper requirements not inconsistent with this part. (3) The executive director shall publish or cause to be published policies made or adopted under this section in a manual form, to be updated regularly and made available to fire department employees. (4) The County Fire Civil Service System shall be established and administered in a manner that will provide for the effective implementation of the following merit principles: (a) recruiting, selecting, and advancing employees on the basis of the employee's relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment; (b) provision of equitable and adequate job classification and compensation systems, including pay and benefits programs; (c) training of employees as needed to assure high-quality performance; (d) retention of employees on the basis of the adequacy of the employee's performance and separation of employees whose inadequate performance cannot be corrected; (e) fair treatment of applicants and employees in all aspects of personal administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as citizens; (f) provision of information to employees regarding the employee's political rights and prohibited practices under the Hatch Act; and (g) provision of a formal procedure for processing the appeals and grievances of employees without discrimination, coercion, restraint, or reprisal.
Utah Code § 17-81-203 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-203
§ 17-81-203. Review of proposal for creation of protection area.
Status: in_force

(1) After 15 days from the date of the notice, the applicable legislative body shall refer the proposal and any objections and proposed modifications to the proposal to the: (a) county advisory board created in accordance with Section 17-81-102; and (b) planning commission. (2) (a) Within 45 days after receipt of the proposal, the planning commission shall submit a written report to the applicable legislative body that: (i) analyzes and evaluates the effect of the creation of the proposed area on the planning policies and objectives of the county or municipality, as the case may be; (ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-81-205; (iii) recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area; (iv) analyzes and evaluates any objections to the proposal; and (v) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal. (b) Within 45 days after receipt of the proposal, the advisory board shall submit a written report to the applicable legislative body that: (i) recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area; (ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305; (iii) analyzes and evaluates any objections to the proposal; and (iv) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal. (c) The applicable legislative body shall consider a failure of the planning commission or advisory committee to submit a written report within the 45 days under Subsection (2)(a) or (b) as a recommendation of that committee to approve the proposal as submitted.
Utah Code § 17-64-103 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-103
§ 17-64-103. Seal for county -- Optional seal for county district court.
Status: in_force

(1) The legislative body of each county shall: (a) adopt a seal for the county, the impression of which shall contain the words "State of Utah, County of ________________"; and (b) file an impression of the seal in the office of the county clerk and with the Division of Archives. (2) If a county provides clerk services to that county's district court, the legislative body of the county shall: (a) provide a seal for the clerk of the district court of the county, the impression of which shall contain the words "District Court, State of Utah," together with the name of the county; and (b) file an impression of the seal in the office of the county clerk and with the Division of Archives.
Utah Code § 17-77-102 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-102
§ 17-77-102. Provisions for general health -- Creation of local health department.
Status: in_force

Each county shall: (1) make provisions for the preservation of health in the county and pay the related expenses; and (2) create a local health department as provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
Utah Code § 17-63-804 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-804
§ 17-63-804. Reserve fund for capital improvements -- Estimate of amount required -- Tax levy -- Accumulation from year to year -- Restriction on use.
Status: in_force

(1) Subject to Subsection (4) the legislative body of a county that has established a reserve fund under Section 17-63-803 may: (a) include in the annual budget or estimate of amounts required to meet the public expenses of the county for the ensuing year such sum as it considers necessary for the uses and purposes of the fund; and (b) include those amounts in the annual tax levy of the county. (2) Subject to Subsection (4), the money in the fund shall be allowed to accumulate from year to year until the county legislative body determines to spend any money in the fund for the purpose specified. (3) Subject to Subsection (4), money in the fund at the end of a fiscal year shall remain in the fund as surplus available for future use, and may not be transferred to any other fund or used for any other purpose. (4) The amount of money in a reserve fund established under Section 17-63-803 may not exceed .6% of the taxable value of the county.
Utah Code § 17-62-101 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-101
§ 17-62-101. Definitions.
Status: in_force

As used in this chapter: (1) "Optional plan" means a plan establishing an alternate form of government for a county as provided in Section 17-62-403. (2) "Study committee" means the committee that has five members appointed and charged with the duties as provided in Section 17-62-402.
Utah Code § 17-63-602 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-602
§ 17-63-602. Finance officer to present finance statements.
Status: in_force

(1) The finance officer shall present to the governing body the following financial statements prepared in the manner prescribed by the uniform system of budgeting, accounting, and reporting: (a) a summary of cash receipts and disbursements for each fund or group of funds and for each department within each fund reportable at the end of each month showing the cash and invested balance at the beginning of the period, the total receipts collected during the period, the total disbursements made during the period, and the cash and invested balance at the end of the period; (b) not less than once each quarter or more often if requested by the governing body, a condensed statement of revenues and expenditures and comparison with the budget of the county general fund and the allotments thereof, as reflected by the books of account; (c) a comparative quarterly income and expense statement for each enterprise fund showing a comparative analysis between the operations of such fund for the current fiscal reporting period and the same period in the previous year; (d) a condensed statement of the operating and capital budget of each enterprise fund showing revenues and expenses and balances compared with the budget for any period requested by the governing body or required by the uniform system of budgeting, accounting, and reporting; and (e) any other statements of operations or reports on financial condition as the governing body or the uniform system of budgeting, accounting, and reporting may require. (2) All financial statements made in accordance with this section shall be open for public inspection during regular business hours.
Utah Code § 17-76-312 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-312
§ 17-76-312. Temporary and part-time appointment.
Status: in_force

(1) A department may appoint an employee to a temporary appointment for a period not exceeding 120 days within any 12-month period. (2) A temporary employee is not a merit system officer and may be appointed without examination. (3) A department may appoint an employee to a part-time appointment for a period not to exceed 29 hours per week. (4) A part-time employee is not a merit system officer and may be appointed without examination.
Utah Code § 17-73-503 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-503
§ 17-73-503. Removal, destruction, or defacement of monuments or corners as infraction -- Costs.
Status: in_force

(1) A person may not willfully or negligently remove, destroy, or deface any government survey monument, corner, or witness corner. (2) Any person who violates this section is guilty of an infraction and is additionally responsible for: (a) the costs of any necessary legal action; (b) the costs of reestablishing the survey monument, corner, or witness corner; and (c) any civil penalty that the county establishes for a violation of: (i) any provision of this section; or (ii) any ordinance that the county adopts under Section 17-73-502.
Utah Code § 17-67-302 — Utah Code / Title 17 / Chapter 17-67 / § 17-67-302
§ 17-67-302. Effective date of boundary changes for assessment.
Status: in_force

The county assessor shall conduct and collect an assessment in accordance with the effective date and boundary adjustment provisions in Section 17-61-306.
Utah Code § 17-78-501 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-501
§ 17-78-501. Counties may provide municipal services --  First-class counties to provide certain services -- Counties allowed to provide certain services in recreational areas.
Status: in_force

(1) For purposes of thispart, "municipal-type services" means: (a) fire protection service; (b) waste and garbage collection and disposal; (c) planning and zoning; (d) street lighting; (e) animal services; (f) storm drains; (g) traffic engineering; (h) code enforcement; (i) business licensing; (j) building permits and inspections; (k) in a county of the first class: (i) advanced life support and paramedic services; and (ii) detective investigative services; and (l) all other services and functions that are required by law to be budgeted, appropriated, and accounted for from a municipal services fund or a municipal capital projects fund as defined under Chapter 63, Fiscal Authority and Processes. (2) A county may: (a) provide municipal-type services to areas of the county outside the limits of cities and towns without providing the same services to cities or towns; and (b) fund municipal-type services by: (i) levying a tax on taxable property in the county outside the limits of cities and towns; (ii) charging a service charge or fee to persons benefitting from the municipal-type services; or (iii) providing funds to a municipal services district in accordance with Section 17B-2a-1109. (3) Each county of the first class shall provide to the area of the county outside the limits of cities and towns: (a) advanced life support and paramedic services; and (b) detective investigative services. (4) (a) A county may provide fire, paramedic, and police protection services in any area of the county outside the limits of cities and towns that is designated as a recreational area in accordance with the provisions of this Subsection (4). (b) A county legislative body may designate any area of the county outside the limits of cities and towns as a recreational area if: (i) the area has fewer than 1,500 residents and is primarily used for recreational purposes, including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas; and (ii) the county legislative body makes a finding that the recreational area is used by residents of the county who live both inside and outside the limits of cities and towns. (c) Fire, paramedic, and police protection services needed to primarily serve those involved in the recreation activities in areas designated as recreational areas by the county legislative body in accordance with Subsection (4)(b) may be funded from the county general fund. (d) A county legislative body may determine that fire, paramedic, and police protection services within a municipality that is located in an area designated as a recreational area, in accordance with this Subsection (4), may be funded with county general funds if the county legislative body makes a finding that a disproportionate share of public safety service needs within the municipality are generated by residents of the county who live both inside and outside the limits of cities and towns. (5) A county may be limited in the municipal-type services the county provides, in accordance with Section 17-60-504.
Utah Code § 17-76-314 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-314
§ 17-76-314. Transfer and reassignment.
Status: in_force

(1) A merit system officer may be transferred, without examination, from one position to a similar position in the same class and grade within the department. (2) A merit system officer may be voluntarily reassigned, including to another class and grade, in accordance with rules adopted by the commission.
Utah Code § 17-79-101 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-101
§ 17-79-101. Purposes -- General land use authority -- Limitations.
Status: in_force

(1) (a) The purposes of this chapter are to: (i) provide for the health, safety, and welfare; (ii) promote the prosperity; (iii) improve the morals, peace, good order, comfort, convenience, and aesthetics of each county and each county's present and future inhabitants and businesses; (iv) protect the tax base; (v) secure economy in governmental expenditures; (vi) foster the state's agricultural and other industries; (vii) protect both urban and nonurban development; (viii) protect and ensure access to sunlight for solar energy devices; (ix) provide fundamental fairness in land use regulation; (x) facilitate orderly growth, allow growth in a variety of housing types, and contribute toward housing affordability; and (xi) protect property values. (b) Subject to Subsection (4) and Section 11-41-103, to accomplish the purposes of this chapter, a county may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the county considers necessary or appropriate for the use and development of land within the unincorporated area of the county or a designated mountainous planning district, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: (i) uses; (ii) density; (iii) open spaces; (iv) structures; (v) buildings; (vi) energy-efficiency; (vii) light and air; (viii) air quality; (ix) transportation and public or alternative transportation; (x) infrastructure; (xi) street and building orientation and width requirements; (xii) public facilities; (xiii) fundamental fairness in land use regulation; and (xiv) considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections. (2) Each county shall comply with the mandatory provisions of this part before any agreement or contract to provide goods, services, or municipal-type services to any storage facility or transfer facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed or implemented. (3) (a) Any ordinance, resolution, or rule enacted by a county in accordance with the county's authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5. (b) A county may enact an ordinance, resolution, or rule that regulates surface activity incident to an oil and gas activity if the county demonstrates that the regulation: (i) is necessary for the purposes of this chapter; (ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and (iii) does not interfere with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5. (4) (a) This Subsection (4) applies to development agreements entered into on or after May 5, 2021. (b) A provision in a county development agreement is unenforceable if the provision requires an individual or an entity, as a condition for issuing building permits or otherwise regulating development activities within an unincorporated area of the county, to initiate a process for a municipality to annex the unincorporated area in accordance with Title 10, Chapter 2, Part 8, Annexation. (c) Subsection (4)(b) does not affect or impair the enforceability of any other provision in the development agreement.
Utah Code § 17-79-620 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-620
§ 17-79-620. High tunnels -- Exemption from county regulation.
Status: in_force

(1) As used in this section, "high tunnel" means a structure that: (a) is not a permanent structure; (b) is used for the growing, keeping, storing, sale, or shelter of an agricultural commodity; and (c) has a: (i) metal, wood, or plastic frame; (ii) plastic, woven textile, or other flexible covering; and (iii) floor made of soil, crushed stone, matting, pavers, or a floating concrete slab. (2) A county building code does not apply to a high tunnel. (3) No building permit shall be required for the construction of a high tunnel.
Utah Code § 17-71-501 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-501
§ 17-71-501. Indexing of deeds and other instruments.
Status: in_force

Deeds and other instruments affecting real estate made by a United States marshal, a sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee, or other person with legal authority to act in behalf of another shall be indexed in the name of the person whose land is sold or affected as grantor.
Utah Code § 17-81-103 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-103
§ 17-81-103. Applicability.
Status: in_force

(1) A person or entity that wishes to propose the creation of a protection area within the boundaries of a municipality and ensure the subsequent protection and management of a created protection area shall, in accordance with Section 10-7-88, comply with the following provisions the same as if the protection area is located on unincorporated county land: (a) Section 17-81-101, Definitions; (b) Part 2, Proposal and Approval of Protection Area; (c) Part 3, Protection of Land in a Protection Area; (d) Part 4, Vested Mining Use; and (e) Part 5, Open Land and Working Agricultural Land Use. (2) In accordance with Section 10-7-88, a municipality shall comply with the following provisions the same as if the municipality were a county: (a) Section 17-81-101, Definitions; (b) Part 2, Proposal and Approval of Protection Area; (c) Part 3, Protection of Land in a Protection Area; (d) Part 4, Vested Mining Use; and (e) Part 5, Open Land and Working Agricultural Land Use. (3) The provisions of Chapter 79, County Land Use, Development, and Management Act, also apply to Part 6, Large Concentrated Animal Feeding Operations, and Part 7, Vested Critical Infrastructure Materials Operations.
Utah Code § 17-81-403 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-403
§ 17-81-403. Abandonment of a vested mining use.
Status: in_force

(1) A mine operator may abandon some or all of a vested mining use only as provided in this section. (2) To abandon some or all of a vested mining use, a mine operator shall record a written declaration of abandonment with the recorder of the county in which the vested mining use being abandoned is located. (3) The written declaration of abandonment under Subsection (2) shall specify the vested mining use or the portion of the vested mining use being abandoned.
Utah Code § 17-68-104 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-104
§ 17-68-104. District attorney and county attorney data collection for counties of the first, second, and third class -- Report.
Status: in_force

(1) The district attorney in a county of the first class, and the county attorney in a county of the second or third class, shall provide a written report to the Law Enforcement and Criminal Justice Interim Committee by May 1, annually, beginning on May 1, 2026, to report data from the prior calendar year. (2) The annual report required in Subsection (1) shall include the following information, organized by the offense classification, for the cases that were active during the reporting period: (a) the average amount of taxpayer dollars spent per case, as calculated by the total number of misdemeanors, juvenile adjudications, and felonies, divided by the portion of the attorney's annual budget allocated to prosecution; (b) the total number of juvenile adjudications, misdemeanors, and felonies; (c) the total case numbers and individual prosecutor average annual caseload of felonies broken down by sexual offenses, general crimes, and crimes of violence; (d) the total number of cases categorized by the most serious charge as follows: (i) cases that were referred to the prosecutor's office by law enforcement but not filed due to insufficient evidence; (ii) cases that were dismissed after charges were filed; (iii) cases in which a plea agreement was reached by the parties before the preliminary hearing; (iv) cases that were dismissed by the court after the preliminary hearing; (v) cases in which a plea agreement was reached by the parties after the preliminary hearing; (vi) cases that resulted in a conviction at trial; and (vii) cases that resulted in an acquittal at trial; and (e) the average number of days between: (i) the filing of criminal charges; and (ii) (A) the delivery of discovery information, including witness statements; or (B) the first day of trial.
Utah Code § 17-63-705 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-705
§ 17-63-705. Use of incremental tax revenue for relocation expenses of displaced mobile home park residents.
Status: in_force

(1) As used in this section: (a) "Displaced mobile home park resident" means a resident within a mobile home park who is required to relocate his or her residence from the mobile home park because of development activities that will change the use of the property on which the mobile home park is located. (b) "Former mobile home park property" means property on which a mobile home park was located but whose use has changed from a mobile home park because of development activities that require mobile home park residents to relocate. (c) "Incremental tax revenue" means property tax revenue that: (i) is generated from a former mobile home park property located within the unincorporated part of a county; (ii) exceeds the amount of property tax revenue the former mobile home park property would have generated if its use had not changed from a mobile home park; and (iii) is levied and collected by: (A) the county in whose unincorporated area the former mobile home park property is located; or (B) another taxing entity. (d) "Taxing entity" has the same meaning as defined in Section 59-2-102. (2) A county may use incremental tax revenue to pay some or all of the relocation expenses of a displaced mobile home park resident. (3) Any taxing entity may share some or all of its incremental tax revenue with a county for use as provided in Subsection (2).
Utah Code § 17-63-807 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-807
§ 17-63-807. Amount in tax stability and trust fund limited -- Disposition of excess -- Use of principal -- Determination of necessity -- Election -- Exception.
Status: in_force

(1) The total amount in a county's tax stability and trust fund established under Section 17-63-806 shall be limited to the percentage of the total taxable value of property in that county not to exceed the limits provided in the following schedule:Total Taxable ValueFund LimitsPercentage ofTaxable Valuebut not toexceed:Less than $500,000,0001.6%$5,000,000From 500,000,000 to 1,500,000,0001.0%7,500,000Over 1,500,000,000.5%15,000,000 (2) If any excess occurs in the tax stability and trust fund over the percentage or maximum dollar amounts specified in Subsection (1), this excess shall be transferred to the county general fund and may be used for all purposes as other amounts in the county general fund are used. (3) (a) Subject to Subsection (3)(b), if any excess in the fund exists because of a decrease in total taxable value, that excess may remain in the fund. (b) If the excess amount in the fund is decreased below the limitations of the fund for any reason, the fund limitations established under Subsection (1) apply. (4) (a) Except as provided in Subsection (5), if the legislative body of a county that has established a tax stability and trust fund under Section 17-63-806 determines that it is necessary for purposes of that county to use any portion of the principal of the fund, the county legislative body shall submit this proposition to the electorate of that county in a special election called and held in the manner provided for in Title 11, Chapter 14, Local Government Bonding Act, for the holding of bond elections. (b) If the proposition is approved at the special election by a majority of the qualified electors of the county voting at the election, then that portion of the principal of the fund covered by the proposition may be transferred to the county general fund for use for purposes of that county. (5) (a) The requirements of Subsection (4) do not apply to the use of any portion of the principal of a tax stability and trust fund established under Section 17-63-806 for payment of any refund of property taxes owed by the county as a result of an objection to the assessment of property assessed by the State Tax Commission under Section 59-2-1007. (b) The legislative body of a county may, by ordinance or resolution, authorize the use of any portion of the tax stability and trust fund for the purpose described in Subsection (5)(a).
Utah Code § 17-71-504 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-504
§ 17-71-504. Notice of significant private airports.
Status: in_force

(1) As used in this section, "significant private airport" means the same as that term is defined in Section 72-10-102. (2) If a county receives a notification described in Section 72-10-416, the county land use authority shall record with the county recorder and against any existing residential parcel within 2,500 feet of a runway of a significant private airport located within an unincorporated area within the boundary of the county a notice with the following language: "In accordance with Utah Code Section 17-71-504, notice is hereby given that the subject property is located within 2,500 feet of a runway of a significant airport that as of [INSERT THE DATE OF THE RECORDING] is known as [AIRPORT NAME] and is located at [INSERT THE ADDRESS OF THE SIGNIFICANT PRIVATE AIRPORT]. Said notice boundary more accurately described as [INSERT BOUNDARY LEGAL DESCRIPTION OF ALL PROPERTY WITHIN 2,500 FEET OF RUNWAY]."
Utah Code § 17-81-202 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-202
§ 17-81-202. Notice of proposal for creation of protection area -- Responses.
Status: in_force

(1) (a) An applicable legislative body shall provide notice of the proposal, as a class B notice under Section 63G-30-102, for at least 15 days. (b) A legislative body shall provide the notice described in Subsection (1)(a) for the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area. (2) The notice shall contain: (a) a statement that a proposal for the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area has been filed with the applicable legislative body; (b) a statement that the proposal will be open to public inspection in the office of the applicable legislative body; (c) a statement that any person affected by the establishment of the area may, within 15 days of the date of the notice, file with the applicable legislative body: (i) written objections to the proposal; or (ii) a written request to modify the proposal to exclude land from or add land to the proposed protection area; (d) a statement that the applicable legislative body will submit the proposal to the advisory committee and to the planning commission for review and recommendations; (e) a statement that the applicable legislative body will hold a public hearing to discuss and hear public comment on: (i) the proposal to create the agriculture protection area, industrial protection area, or critical infrastructure materials protection area; (ii) the recommendations of the advisory committee and planning commission; and (iii) any requests for modification of the proposal and any objections to the proposal; and (f) a statement indicating the date, time, and place of the public hearing. (3) (a) A person wishing to modify the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written request for modification of the proposal, which identifies specifically the land that should be added to or removed from the proposal. (b) A person wishing to object to the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the relevant protection area.
Utah Code § 17-62-505 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-505
§ 17-62-505. Repeal of optional plan -- Certification of petition signatures -- Removal of signature.
Status: in_force

(1) An optional plan that the voters in an election adopt under this chapter may be repealed as provided in this section. (2) Registered voters of a county that has adopted an optional plan may initiate the process of repealing an optional plan by filing a petition for the repeal of the optional plan. (3) (a) Registered voters of a county may not file a petition to repeal an optional plan sooner than four years or more than five years after the election of county officers under Section 17-62-503. (b) (i) If the registered voters file a petition to repeal an optional plan under this section, the petition is certified, and the optional plan is not repealed at an election described in Subsection (9), the voters may not circulate or file a subsequent petition to repeal until at least four, and not more than five, years after the certification of the original petition. (ii) If, after four years, the voters file a subsequent petition under Subsection (3)(b)(i), the voters: (A) may not circulate or file another petition to repeal until at least four, and not more than five, years after certification of the subsequent petition; and (B) shall wait an additional four, and not more than five, years after the date of certification of the previous petition for each petition filed thereafter. (4) A petition described in Subsection (2) shall: (a) be signed by registered voters residing in the county: (i) equal in number to at least 15% of the total number of votes cast in each precinct described in Subsection (4)(a)(ii) for all candidates for president of the United States at the most recent election in which a president of the United States was elected; and (ii) who represent at least 85% of the voting precincts located within the county; (b) designate up to five of the petition signers as sponsors, designating one petition signer as the contact sponsor, with the mailing address and telephone number of each; (c) include the following statement on the first page of the petition 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."; and (d) be filed in the office of the clerk of the county in which the petition signers reside. (5) Within 30 days after the filing of a petition under Subsection (2) or an amended petition under Subsection (6), 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 required number of voters have signed the petition or amended petition has been signed by the required number of registered voters; and (b) (i) if a sufficient number of voters have signed the petition, certify the petition or amended petition and deliver it to the county legislative body, and notify in writing the contact sponsor of the certification; or (ii) if a sufficient number of voters have not signed the petition, reject the petition or the amended petition and notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection. (6) If a county clerk rejects a petition or an amended petition under Subsection (5)(b)(ii), the petition may be amended or an amended petition may be further amended with additional signatures and refiled within 20 days of the date of rejection. (7) (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 file the petition in the office of the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. (b) A statement described in Subsection (7)(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. (8) If a county clerk certifies a petition under Subsection (2), the county legislative body shall hold an election on the proposal to repeal the optional plan at the next regular general election that is at least 60 days after the day on which the county clerk certifies the petition. (9) If, at an election held under Subsection (8), a majority of voters voting on the proposal to repeal the optional plan vote in favor of repealing: (a) the optional plan is repealed, effective January 1 of the year following the election of county officers under Subsection (9)(c); (b) upon the effective date of the repeal under Subsection (9)(a), the form of government under which the county operates reverts to the form it had before the optional plan was adopted; and (c) the county officers under the form of government to which the county reverts, who are different than the county officers under the repealed optional plan, shall be elected at the next regular general election following the election under Subsection (8).
Utah Code § 17-63-307 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-307
§ 17-63-307. Immunity.
Status: in_force

(1) Except as provided in Subsection (2), a county officer or county employee may not file a legal action in state or federal court against the county, a department, or a county officer for any matter related to the following: (a) the adoption of a county budget; (b) a county appropriation; (c) a county personnel allocation; or (d) a fund related to the county budget, a county appropriation, or a county personnel allocation. (2) A county or district attorney may enforce a procedural requirement that governs the making or approval of a budget in accordance with this chapter.
Utah Code § 17-71-304 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-304
§ 17-71-304. Annual revision -- Reporting changes in ownership to county assessors -- Use of geographic information systems or computer systems.
Status: in_force

(1) The county recorder shall: (a) each year, prepare copies of ownership plats and descriptions, showing record owners at noon on January 1; (b) on or before January 30 of each year, transmit the copies to the county assessor; (c) report all changes in recorded ownership of real property made during the first seven months of each calendar year to the county assessor not later than August 15 of that year; (d) for the remainder of the calendar year, report the changes in the ownership of real property that are recorded in the county recorder's office each month on or before the 15th day of the month following the month in which the changes were recorded; (e) transmit the changes of ownership on appropriate forms that show the current owner's name and a full legal description of the property conveyed; and (f) where only a part of the grantor's property is conveyed, transmit an additional form showing a full legal description of the portion retained. (2) Nothing in this chapter precludes the county recorder from using geographic information systems or computer systems if the systems include all of the information this section requires.
Utah Code § 17-74-302 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-302
§ 17-74-302. Payment of warrants in order presented -- Nonpayment and interest.
Status: in_force

(1) The county treasurer shall pay all warrants in the order presented and as funds are available. (2) Except as provided in Subsection (4), the county treasurer shall execute payment for a warrant when: (a) a warrant is presented for payment; and (b) there is sufficient money in the county treasury to cover the payment. (3) Upon receiving the notice from the county finance officer under Section 17-69-404 and if there is adequate money in the treasury, the treasurer shall, by check or other payment mechanism, make any payment not already paid by warrant. (4) Notwithstanding Subsections (1) and (2), the treasurer has no obligation to pay any warrant or to issue any check or other payment instrument before receiving the certified list under Section 17-70-302. (5) Before providing certain funding to a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, a treasurer shall consult with the community reinvestment agency as described in Section 17C-1-409. (6) When a warrant is presented to the county treasurer for payment and is not paid due to a lack of sufficient county funds, the warrant shall bear interest at the rate of 5% per annum until paid.
Utah Code § 17-75-602 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-602
§ 17-75-602. Director of personnel management responsibilities -- Personnel policies.
Status: in_force

(1) The director shall: (a) encourage and exercise leadership in the development of expertise in personnel administration within county departments, offices, and agencies in the county service; (b) make available the facilities of the office of personnel management to county departments, offices, and agencies for the development of expertise in personnel administration; (c) advise the county legislative body, county executive, and any county officer on the use of human resources; (d) develop and implement programs to improve employee effectiveness, including: (i) training; (ii) safety; (iii) health; (iv) counseling; and (v) welfare; (e) establish and maintain records of all employees in the county service that includes each county employee's: (i) class; (ii) title; (iii) pay or status; and (iv) other relevant data; (f) make an annual report to the county legislative body and county executive regarding the work of the office; (g) apply and carry out this chapter and the policies under this chapter; and (h) perform any other lawful acts that are necessary to carry out the provisions of this chapter. (2) In a county subject to this chapter: (a) the director shall recommend personnel policies for the county; and (b) the county legislative body may: (i) recommend personnel policies for the county; and (ii) approve, amend, or reject personnel policies for the county before the personnel policies are adopted. (3) Personnel policies shall provide for: (a) recruiting efforts that are planned and carried out in a manner that: (i) assures open competition; and (ii) includes recruiting efforts to attract and help assure that individuals belonging to the following groups will be among the candidates from whom appointments are made: (A) minorities; (B) women; (C) individuals with a disability as defined by and covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; or (D) other groups that are substantially underrepresented in the county workforce; (b) the establishment of job related minimum requirements, wherever practical, that all successful candidates are required to meet to be eligible for consideration for appointment or promotion; (c) selection procedures that include: (i) consideration of the relative merit of each applicant for employment; (ii) a job related method of determining the eligibility or ineligibility of each applicant for employment; and (iii) a valid, reliable, and objective system of ranking eligible applicants according to the eligible applicant's qualifications and merit; (d) certification procedures that ensure equitable consideration of an appropriate number of the most qualified eligible applicants based on the ranking system; (e) appointments to positions in the career service by selection from the most qualified eligible applicants certified on eligible lists established in accordance with Subsections (3)(c) and (d); (f) occasional noncompetitive appointments where there is evidence that open or limited competition is not practical, including for unskilled positions that have no minimum job requirements; (g) limitation of competition at the discretion of the director for appropriate positions to facilitate employment of qualified applicants for employment with: (i) a substantial physical or mental impairment; or (ii) other groups protected by Title VII of the Civil Rights Act; (h) (i) permanent appointment for entry to the career service that is contingent upon a probationary county employee's satisfactory performance during a six-month probationary period; (ii) a six-month probationary period that the county may extend for a period not to exceed an additional six months for good cause; and (iii) an opportunity for a probationary county employee to appeal directly to the council any undue prolonging of the six-month probationary period by the county that is designed to thwart merit principles; (i) temporary, provisional, or other noncareer service appointments, which may not: (i) be used to defeat the purpose of the career service; and (ii) exceed 270 days; (j) lists of eligible applicants, if available, for filling temporary positions and short-term emergency appointments that: (i) are made without regard to the other provisions of law; (ii) provide for maintenance of essential services in an emergency situation where normal procedures are not practical; and (iii) do not exceed 270 days; (k) (i) promotion and career ladder advancement of county employees to higher level positions; and (ii) assurance that an individual promoted is qualified for the higher level position; (l) recognition of the equivalency of other merit processes by waiving, at the director's discretion, the open competitive examination for placement in the career service positions of applicants for employment who were originally selected through a competitive examination process in another governmental entity, an individual in those cases, to serve a probationary orientation period; (m) preparation, maintenance, and revision of a position classification plan for all positions in the career service that: (i) is based upon similarity of duties performed and responsibilities assumed; (ii) for all positions in the same class: (A) reasonably requires the same qualifications; and (B) equitably applies the same schedule of pay; and (iii) includes a compensation plan that, to maintain a high quality public workforce, accounts for: (A) the responsibility and difficulty of the work for each position; (B) the comparative pay and benefits needed to compete in the labor market; (C) proper alignment with other similar governmental units; and (D) other factors; (n) (i) keeping records of performance on all county employees in the career service; and (ii) requiring consideration of performance records in determining: (A) salary increases; (B) benefits for meritorious service; (C) promotions; (D) the order of layoffs and reinstatements; (E) demotions; (F) discharges; and (G) transfers; (o) establishment of a plan: (i) governing layoffs of county employees resulting from: (A) lack of funds or work; (B) abolition of positions; or (C) material changes in duties or organization; and (ii) governing reemployment of former county employees who the county laid off that takes into account the former county employee's: (A) relative ability; (B) seniority; and (C) merit; (p) establishment of a plan for resolving employee grievances and complaints with final and binding decisions; (q) establishment of disciplinary measures including: (i) suspension; (ii) demotion in rank or grade; (iii) discharge; and (iv) presentation of charges, hearing rights, and appeals for all permanent employees in the career service to the council; (r) establishment of a procedure for employee development and improvement of poor performance; (s) establishment of: (i) hours of work; (ii) holidays; and (iii) attendance requirements in various classes of positions in the career service; (t) establishment and publicizing of fringe benefits including: (i) insurance; (ii) retirement; and (iii) leave programs; and (u) any other requirements authorized by the county governing body not inconsistent with this chapter that are proper for the chapter's enforcement.
Utah Code § 17-72-505 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-505
§ 17-72-505. Citizenship determination of prisoners -- Notification to and coordination with federal authorities when releasing certain individuals.
Status: in_force

(1) The sheriff shall make a reasonable effort to determine the citizenship status of a prisoner charged with a felony or driving under the influence under Section 41-6a-502. (2) If a prisoner described in Subsection (1) is a foreign national, the sheriff shall make a reasonable effort to verify that: (a) the individual has been lawfully admitted into the United States; and (b) the individual's lawful status has not expired. (3) (a) If the sheriff cannot verify the lawful status of a prisoner described in Subsection (1) from documents in the prisoner's possession, the sheriff shall attempt to verify that status within 48 hours of the prisoner's confinement at the jail through contacting: (i) the Law Enforcement Support Center of the United States Department of Homeland Security; or (ii) an office or agency designated for citizenship status verification by the United States Department of Homeland Security. (b) The sheriff shall notify the United States Department of Homeland Security of a prisoner whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a). (4) In accordance with Title 77, Chapter 20, Bail, it is a rebuttable presumption for the purpose of determining whether to grant pretrial release that an individual who is verified under this section as a foreign national not lawfully admitted into the United States is at risk of flight. (5) (a) As soon as practicable before the day of release, the sheriff shall notify the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, when the sheriff is preparing to release an individual from the county jail who: (i) is being released after serving the individual's jail sentence for: (A) a class A misdemeanor described under Subsection 76-3-204(1)(b)(i); or (B) a felony; and (ii) is unlawfully present in the United States. (b) The sheriff shall coordinate with federal authorities to transfer the custody of a released individual into federal custody as may be required under Subsection (5)(a). (c) The requirements described in Subsection (5)(a) do not prohibit a sheriff from notifying or working with the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, at any time with regard to an individual who is at the county jail or otherwise in the sheriff's custody.
Utah Code § 17-79-813 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-813
§ 17-79-813. Exactions for water rights.
Status: in_force

(1) Subject to the requirements of this section, a county or, if applicable, the county's culinary water authority shall base any exaction for a water interest on the culinary water authority's established calculations of projected water interest requirements. (2) Except as described in Subsection (3), a culinary water authority shall base an exaction for a culinary water interest on: (a) consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water in accordance with Section 19-4-114; and (b) the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent residential connections as demonstrated by at least five years of usage data for like land uses within the county. (3) If a county or culinary water authority determines, in the sole discretion of the county or culinary water authority, that good cause exists, the county or culinary water authority may impose an exaction for a culinary water interest that results in less water being exacted than would otherwise be exacted under Subsection (2). (4) (a) A county shall make public the methodology used to comply with Subsection (2)(b). (b) A land use applicant may submit a request to the county's governing body an exaction calculation used by the county or the county's culinary water authority under Subsection (2). (c) A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the county's governing body shall respond with due process. (5) Upon an applicant's request, the culinary water authority shall provide the applicant with the basis for the culinary water authority's calculations under Subsection (2) on which an exaction for a water interest is based. (6) (a) A county or the county's culinary water authority may not impose an exaction for a water interest if: (i) the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public; or (ii) the county or the county's culinary water authority does not have a written plan in accordance with Subsection (6)(b). (b) Beginning on January 1, 2028, a county shall determine the county's water interests needed to meet the reasonable future water requirement of the public by completing a written plan described in Subsection 73-1-4(2)(f).
Utah Code § 17-65-101 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-101
§ 17-65-101. Definitions.
Status: in_force

As used in this chapter: (1) "Architect-engineer services" means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102. (2) "Finance officer" means the same as that term is defined in Section 17-63-101. (3) "Interim vacancy period" means: (a) for a county commission form or expanded county commission form of government, the period of time that: (i) begins on the day on which a general election described in Section 17-66-202 is held to elect a commission member; and (ii) ends on the day on which the commission member-elect begins the commission member's term; or (b) for a county executive-council form of government, the period of time that: (i) begins on the day on which a general election described in Section 17-66-202 is held to elect a county executive; and (ii) ends on the day on which the county executive-elect begins the county executive's term.
Utah Code § 17-71-402 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-402
§ 17-71-402. Recording required -- County recorder may impose requirements on documents to be recorded -- Requirements for recording local entity plat -- Point of the Mountain State Land Authority plat.
Status: in_force

(1) Subject to Subsections (3), (4), and (5), a county recorder shall record each paper, notice, and instrument required by law to be recorded in the office of the county recorder unless otherwise provided. (2) (a) Beginning on or before January 1, 2022, each county shall accept and provide for the electronic recording of instruments. (b) Beginning on or before January 1, 2023, each county shall: (i) provide for the electronic recording of a plat; and (ii) accept an electronic document for the recording of a plat. (3) Subject to Part 6, Uniform Real Property Electronic Recording Act, each document that is submitted for recording to a county recorder's office shall: (a) unless otherwise provided by law, be an original or certified copy of the document; (b) be in English or be accompanied by an accurate English translation of the document; (c) contain a brief title, heading, or caption on the first page stating the nature of the document; (d) except as otherwise provided by statute, contain the legal description of the property that is the subject of the document in accordance with Subsection 57-3-105(4); (e) comply with the requirements of Section 17-71-403 and Subsections 57-3-105(1) and (2); (f) be notarized with the notary stamp with the seal legible, unless: (i) otherwise provided by statute; or (ii) the lieutenant governor has affixed the Great Seal in accordance with Subsection 67-1a-2(1)(f); and (g) have original signatures. (4) (a) Subject to Part 6, Uniform Real Property Electronic Recording Act, a county recorder may require that each paper, notice, and instrument submitted for recording in the county recorder's office: (i) be on white paper that is 8-1/2 inches by 11 inches in size; (ii) have a margin of one inch on the left and right sides and at the bottom of each page; (iii) have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner of the first page and a margin of one inch at the top of each succeeding page; (iv) not be on sheets of paper that are continuously bound together at the side, top, or bottom; (v) not contain printed material on more than one side of each page; (vi) be printed in black ink and not have text smaller than seven lines of text per vertical inch; and (vii) be sufficiently legible to make certified copies. (b) A county recorder who intends to establish requirements under Subsection (4)(a) shall first: (i) provide formal notice of the requirements; and (ii) establish and publish an effective date for the requirements that is at least three months after the formal notice under Subsection (4)(b)(i). (5) (a) To facilitate the abstracting of an instrument to which a tax identification number is assigned, a county recorder may require that the applicable tax identification number of each parcel described in the instrument be noted on the instrument before the county recorder accepts the instrument for recording. (b) If a county recorder requires the applicable tax identification number to be on an instrument before the instrument may be recorded: (i) the county recorder shall post a notice of that requirement in a conspicuous place at the recorder's office; (ii) the tax identification number may not be considered to be part of the legal description and may be indicated on the margin of the instrument; and (iii) an error in the tax identification number does not affect the validity of the instrument or effectiveness of the recording. (6) Subsections(3), (4), and (5) do not apply to: (a) a map or plat; (b) a certificate or affidavit of death that a government agency issues; (c) a military discharge or other record that a branch of the United States military service issues; (d) a document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury; (e) a document submitted for recording that has been filed with a court and conforms to the formatting requirements established by the court; or (f) a document submitted for recording that is in a form required by law. (7) (a) A person may not submit to a county recorder for recording a plat depicting the boundary of a local entity as the boundary exists as a result of a boundary action, unless: (i) the plat has been approved under Section 17-73-507 by the county surveyor as a final local entity plat, as defined in Section 17-73-101; and (ii) the person also submits for recording: (A) the original notice of an impending boundary action, as defined in Section 67-1a-6.5, for the boundary action for which the plat is submitted for recording; (B) the original applicable certificate, as defined in Section 67-1a-6.5, issued by the lieutenant governor under Section 67-1a-6.5 for the boundary action for which the plat is submitted for recording; and (C) each other document required by statute to be submitted for recording with the notice of an impending boundary action and applicable certificate. (b) Promptly after recording the documents described in Subsection (7)(a) relating to a boundary action, but no later than 10 days after the day on which the county recorder records those documents, the county recorder shall send a copy of all those documents to the State Tax Commission. (8) The county recorder for a county of the first class shall record a plat submitted by the Point of the Mountain State Land Authority, created in Section 11-59-201, for point of the mountain state land if the submitted plat: (a) is in a recordable and legible format; and (b) includes: (i) a subdivision name that is distinct from any subdivision name on a plat recorded in the county recorder's office; (ii) the boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the authority will use any parcel of ground as a street or for any other public use, and whether any such area is reserved or proposed for dedication for a public purpose; (iii) the lot or unit reference, block or building reference, street or site address, street name or coordinate address, and acreage or square footage for all parcels, units, or lots; (iv) every existing right-of-way and recorded easement located within the plat for: (A) an underground facility; (B) a water conveyance facility; or (C) any other utility facility; and (v) any water conveyance facility located, entirely or partially, within the plat that: (A) is not recorded; and (B) of which the authority has actual or constructive knowledge, including from information made available to the authority in the state engineer's inventory of canals or from a surveyor.
Utah Code § 17-81-306 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-306
§ 17-81-306. Policy of state agencies.
Status: in_force

A state agency shall encourage the continuity, development, and viability of agriculture within agriculture protection areas, industrial uses with industrial protection areas, and critical infrastructure materials operations within critical infrastructure protection areas by: (1) not enacting rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and practices within the industrial protection area, or on critical infrastructure materials operations with a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law; and (2) modifying existing rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and activities within the industrial protection area, or on critical infrastructure materials operations within a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law.
Utah Code § 17-72-404 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-404
§ 17-72-404. County jails authorized to hold federal prisoners.
Status: in_force

An individual convicted of crime in any of the courts of the United States in the state of Utah and prisoners held to answer before a federal court for a violation of any of the laws of the United States shall be received and held: (1) in the jail of any county under the same regulations and laws governing prisoners held under the authority of this state; and (2) upon the terms as to compensation as may be agreed upon by the county and the United States.
Utah Code § 17-60-404 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-404
§ 17-60-404. Judgments against county -- Payment.
Status: in_force

(1) If a person obtains a judgment against a county, the county shall pay the judgment, the same as other county charges. (2) The county legislative body shall levy and authorize the collection of a sufficient amount of revenue to pay off and discharge a judgment in addition to the ordinary expenses of the county. (3) The property of the county and of the persons owning property situated or liable to taxation in the county may not be liable to judgment lien or to seizure or sale upon execution or other process of any court.
Utah Code § 17-75-402 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-402
§ 17-75-402. Merit principles.
Status: in_force

It is the policy of this state that each county may establish a personnel system administered in a manner that will provide for the effective implementation of the following merit principles: (1) recruiting, selecting, and advancing county employees on the basis of relative ability, knowledge, and skills, including open consideration of qualified applicants for employment for initial appointment; (2) providing equitable and adequate compensation to county employees; (3) training county employees as needed to assure high-quality performance; (4) retaining county employees on the basis of the adequacy of the county employee's performance; (5) separating from county employees whose inadequate performance cannot be corrected; (6) treating applicants for employment and county employees fairly in all aspects of personnel administration without regard to: (a) race; (b) color; (c) religion; (d) sex; (e) national origin; (f) political affiliation; (g) age; or (h) disability; (7) having proper regard for each county employee's privacy and constitutional rights as citizens; (8) providing county employees information regarding a county employee's political rights and prohibited practices under the Hatch Act; and (9) providing a formal procedure for processing a county employee's appeals and grievances without: (a) discrimination; (b) coercion; (c) restraint; or (d) retaliation.
Utah Code § 17-72-705 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-705
§ 17-72-705. Only written directions to sheriff binding.
Status: in_force

No direction by a party or the party's attorney to the sheriff in respect to the execution of process or the return thereof or to any act or omission relating thereto is available to discharge or excuse the sheriff from liability for neglect or misconduct, unless the direction is contained in a writing, signed by the attorney of the party or by the party if the party has no attorney.
Utah Code § 17-78-808 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-808
§ 17-78-808. Director to be appointed -- Duties and compensation -- Other personnel.
Status: in_force

(1) (a) Subject to Subsection (1)(b), the county executive shall appoint a competent individual as planetarium director to have immediate charge of: (i) planetarium facilities and activities not contracted to an outside entity; and (ii) overseeing the performance of the terms of any contract or lease entered into with a contracting entity. (b) In a county with a form of government that has a county executive that is separate from the county legislative body, the appointment under Subsection (1)(a) shall be with the advice and consent of the county legislative body. (2) The planetarium director shall: (a) have duties and receive compensation for the director's services as the county executive shall determine; and (b) act as the executive officer for the planetarium board and implement the policies of the board. (3) (a) The county executive may appoint, upon the recommendation of the planetarium director, other planetarium personnel. (b) Each county employee working at the planetarium shall be subject to the provisions of Chapter 75, General County Personnel Management.
Utah Code § 17-81-603 — Utah Code / Title 17 / Chapter 17-81 / § 17-81-603
§ 17-81-603. Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception.
Status: in_force

(1) (a) To determine the geographic areas where large concentrated animal feeding operations may be located under a county large concentrated animal feeding operation land use ordinance, the county shall consider: (i) the distance of the geographic area measured in feet from the following: (A) a residential zone; (B) a health care facility; (C) a public area; (D) an education institution; (E) a religious institution; (F) a commercial enterprise; (G) a municipal boundary; and (H) a state or county highway or road; (ii) prevailing winds; (iii) topography; (iv) economic benefits to the county; and (v) reasonable access to transportation, water, and power infrastructure. (b) A county may consider criteria in addition to those described in Subsection (1)(a). (2) After considering the factors described in Subsection (1), the county shall designate the geographic areas where large concentrated animal feeding operations may locate as required by Subsection 17-81-602(2)(a) and prepare a map available to the public showing the geographic areas in the county. (3) A county may not designate a geographic area for large concentrated animal feeding operations based solely on a uniform setback distance requirement from the locations described in Subsection (1)(a)(i), but shall determine the geographic area by evaluating all criteria in Subsection (1). (4) A county shall designate at least one geographic area within the county where large concentrated animal feeding operations for all animal species listed in Subsection 17-81-601(6) may be located unless the county demonstrates that one of the following makes it not feasible for the county to meet the criteria described in this section: (a) the county's population density; or (b) the county's population density relative to the amount of private land within the county.
Utah Code § 17-79-610 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-610
§ 17-79-610. Cannabis production establishments and medical cannabis pharmacies.
Status: in_force

(1) As used in this section: (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. (b) "Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102. (c) "Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102. (d) "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201. (2) (a) (i) A county may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with: (A) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and (B) this chapter. (ii) A county may not regulate an industrial hemp producer licensee in conflict with: (A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and (B) this chapter. (b) The Department of Agriculture and Food has plenary authority to license programs or entities that operate a cannabis production establishment or a medical cannabis pharmacy. (3) (a) Within the time period described in Subsection (3)(b), a county shall prepare and adopt a land use regulation, development agreement, or land use decision in accordance with this title and: (i) regarding a cannabis production establishment, Section 4-41a-406; or (ii) regarding a medical cannabis pharmacy, Section 4-41a-1105. (b) A county shall take the action described in Subsection (3)(a): (i) before January 1, 2021, within 45 days after the day on which the county receives a petition for the action; and (ii) after January 1, 2021, in accordance with Subsection 17-79-805(2).
Utah Code § 17-79-608 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-608
§ 17-79-608. Wetlands.
Status: in_force

(1) A county may not designate or treat any land as wetlands unless the United States Army Corps of Engineers or other agency of the federal government has designated the land as wetlands. (2) A land use authority that issues a land use permit that affects land designated as wetlands by the United States Army Corps of Engineers or another agency of the federal government shall provide a copy of the land use permit to the Utah Geological Survey established in Section 79-3-201.
Utah Code § 17-72-708 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-708
§ 17-72-708. Sheriff -- Assignment of court bailiffs -- Contract and costs.
Status: in_force

(1) The sheriff shall assign law enforcement officers or special function officers, as defined under Sections 53-13-103 and 53-13-105, to serve as court bailiffs and security officers in the courts of record and county justice courts as required by the rules of the Judicial Council. (2) (a) The state court administrator shall enter into a contract with the county sheriff for bailiffs and building security officers for the district and juvenile courts within the county. (b) A contract described in Subsection (2)(a) shall specify agreed upon services, service costs, and payment terms. (c) A contract described in Subsection (2)(a) may not exceed amounts appropriated by the Legislature for the purpose described in Subsection (2)(a). (d) The county shall assume costs related to security administration, supervision, travel, equipment, and training of bailiffs. (3) (a) If the court is located in the same facility as a state or local law enforcement agency and the county sheriff's office is not in close proximity to the court, the state court administrator, in consultation with the sheriff, may enter into a contract with the state or local law enforcement agency for bailiff and security services if the contract meets all other requirements of this section. (b) If bailiff and security services are provided by an agency other than the county sheriff's office, the county sheriff shall have no responsibility for the services under this section.
Utah Code § 17-79-803 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-803
§ 17-79-803. Applicant's entitlement to land use application approval -- Application relating to land in a high priority transportation corridor -- County's requirements and limitations -- Vesting upon submission of development plan and schedule.
Status: in_force

(1) (a) (i) Subject to Subsection (8), an applicant who has submitted a complete land use application, including the payment of all application fees, is entitled to substantive review of the application under the land use regulations: (A) in effect on the date that the application is complete; and (B) applicable to the application or to the information shown on the submitted application. (ii) An applicant is entitled to approval of a land use application if the application conforms to the requirements of the applicable land use regulations, land use decisions, and development standards in effect when the applicant submits a complete application and pays all application fees, unless: (A) the land use authority, on the record, formally finds that a compelling, countervailing public interest would be jeopardized by approving the application and specifies the compelling, countervailing public interest in writing; or (B) in the manner provided by local ordinance and before the applicant submits the application, the county formally initiates proceedings to amend the county's land use regulations in a manner that would prohibit approval of the application as submitted. (b) The county shall process an application without regard to proceedings the county initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if: (i) 180 days have passed since the county initiated the proceedings; and (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the application as submitted; or (B) during the 12 months before the county processing the application or multiple applications of the same type, the application is impaired or prohibited under the terms of a temporary land use regulation adopted under Section 17-79-504. (c) A land use application is considered submitted and complete when the applicant provides the application in a form that complies with the requirements of applicable ordinances and pays all applicable fees. (d) Unless a phasing sequence is required in an executed development agreement, a county shall, without regard to any other separate and distinct land use application, accept and process a complete land use application in accordance with this chapter. (e) The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence. (f) Subject to Subsection (8), a county may not impose on an applicant who has submitted a complete application a requirement that is not expressed in: (i) this chapter; (ii) a county ordinance in effect on the date that the applicant submits a complete application, subject to Subsection (1)(a)(ii); or (iii) a county specification for public improvements applicable to a subdivision or development that is in effect on the date that the applicant submits an application. (g) A county may not impose on a holder of an issued land use permit or a final, unexpired subdivision plat a requirement that is not expressed: (i) in a land use permit; (ii) on the subdivision plat; (iii) in a document on which the land use permit or subdivision plat is based; (iv) in the written record evidencing approval of the land use permit or subdivision plat; (v) in this chapter; (vi) in a county ordinance; or (vii) in a county specification for residential roadways in effect at the time a residential subdivision was approved. (h) Except as provided in Subsection (1)(i) or (j), a county may not withhold issuance of a certificate of occupancy or acceptance of subdivision improvements because of an applicant's failure to comply with a requirement that is not expressed: (i) in the building permit or subdivision plat, documents on which the building permit or subdivision plat is based, or the written record evidencing approval of the building permit or subdivision plat; or (ii) in this chapter or the county's ordinances. (i) A county may not unreasonably withhold issuance of a certificate of occupancy where an applicant has met all requirements essential for the public health, public safety, and general welfare of the occupants, in accordance with this chapter, unless: (i) the applicant and the county have agreed in a written document to the withholding of a certificate of occupancy; or (ii) the applicant has not provided a financial assurance for required and uncompleted public landscaping improvements or infrastructure improvements in accordance with an applicable local ordinance. (j) A county may not conduct a final inspection required before issuing a certificate of occupancy for a residential unit that is within the boundary of an infrastructure financing district, as defined in Section 17B-1-102, until the applicant for the certificate of occupancy provides adequate proof to the county that any lien on the unit arising from the infrastructure financing district's assessment against the unit under Title 11, Chapter 42, Assessment Area Act, has been released after payment in full of the infrastructure financing district's assessment against that unit. (k) A county: (i) may require the submission of a private landscaping plan, as defined in Section 17-79-707, before landscaping is installed; and (ii) may not withhold an applicant's building permit or certificate of occupancy because the applicant has not submitted a private landscaping plan. (2) A county is bound by the terms and standards of applicable land use regulations and shall comply with mandatory provisions of those regulations. (3) Beginning on October 1, 2026, a county shall publish on the county's website an application checklist for each land use application type that includes a checklist of all required plans and documents that make a complete application. (4) A county may not, as a condition of land use application approval, require a person filing a land use application to obtain documentation regarding a school district's willingness, capacity, or ability to serve the development proposed in the land use application. (5) Subject to Subsection (8), a specified public agency's submission of a development plan and schedule as required in Subsection 17-79-305(8) that complies with the requirements of that subsection, the specified public agency vests in the county's applicable land use maps, zoning map, hookup fees, impact fees, other applicable development fees, and land use regulations in effect on the date of submission. (6) (a) If sponsors of a referendum timely challenge a project in accordance with Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use approval by delivering a written notice: (i) to the local clerk as defined in Section 20A-7-101; and (ii) no later than seven days after the day on which a petition for a referendum is determined sufficient under Subsection 20A-7-607(4). (b) Upon delivery of a written notice described in Subsection (6)(a) the following are rescinded and are of no further force or effect: (i) the relevant land use approval; and (ii) any land use regulation enacted specifically in relation to the land use approval. (7) (a) After issuance of a building permit, a county may not: (i) change or add to the requirements expressed in the building permit, unless the change or addition is: (A) requested by the building permit holder; or (B) necessary to comply with an applicable state building code; or (ii) revoke the building permit or take action that has the effect of revoking the building permit. (b) Subsection (7)(a) does not prevent a county from issuing a building permit that contains an expiration date defined in the building permit. (8) A county shall comply with the provisions of this chapter regarding all pending land use applications and new land use applications submitted under this chapter.
Utah Code § 17-61-102 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-102
§ 17-61-102. Counties of the state -- County boundaries maintained by lieutenant governor -- Process to determine disputed county boundaries.
Status: in_force

(1) The counties of the state are those whose geographical boundaries in the official county boundary records maintained by the office of the lieutenant governor, as described in Section 17E-2-301, and may be changed only in accordance with the provisions of this chapter. (2) The office of the lieutenant governor shall: (a) maintain the official county boundaries of the state; and (b) update the official county boundaries upon the lieutenant governor's issuance, under Section 67-1a-6.5, of an applicable certificate. (3) (a) If a dispute or uncertainty arises as to the true location of a county boundary as described in the official records maintained by the office of the lieutenant governor, the county surveyors of each county whose boundary is the subject of the dispute or uncertainty may determine the true location. (b) If agreement is reached under Subsection (3)(a), the county surveyors of each county whose boundary was the subject of the dispute or uncertainty shall provide notice, accompanied by a map, to the lieutenant governor showing the true location of the county boundary. (4) (a) If the county surveyors fail to agree on or otherwise fail to establish the true location of the county boundary, the county executive of either or both of the affected counties shall engage the services of an independent surveyor. (b) After being engaged under Subsection (4)(a), the independent surveyor shall notify the county surveyor of each county whose boundary is the subject of the dispute or uncertainty of the procedure the independent surveyor will use to determine the true location of the boundary. (c) With the assistance of each county surveyor who chooses to participate, the independent surveyor shall determine permanently the true location of the boundary by marking surveys and erecting suitable monuments to designate the boundary. (d) Each boundary established under this Subsection (4) shall be considered permanent until superseded by legislative enactment. (e) The independent surveyor shall provide notice, accompanied by a map, to the lieutenant governor showing the true location of the county boundary. (5) Nothing in this section may be construed to give the county surveyors or independent surveyor any authority other than to erect suitable monuments to designate county boundaries as they are described in the official records maintained by the office of the lieutenant governor.
Utah Code § 17-72-702 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-702
§ 17-72-702. Process justifies sheriff's action -- Process to be exhibited.
Status: in_force

(1) A sheriff is justified in the execution of, and shall execute, all process, writs, and orders issued by a competent authority. (2) The officer executing process shall then, and at all times subsequent as long as the officer retains it, upon request show the document for which the officer is executing process, with all papers attached, to any interested person.
Utah Code § 17-78-502 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-502
§ 17-78-502. Taxes or service charges for municipal-type services -- Budgeting, accounting for, and disbursing of funds -- Annual audit.
Status: in_force

(1) (a) If a county furnishes the municipal-type services and functions described in Section 17-78-501 to areas of the county outside the limits of incorporated cities or towns, the entire cost of the services or functions so furnished shall be defrayed from funds that the county has derived from: (i) taxes that the county may lawfully levy or impose outside the limits of incorporated towns or cities; (ii) service charges or fees the county may impose upon the persons benefited in any way by the services or functions; or (iii) a combination of these sources. (b) As the taxes or service charges or fees are levied and collected, they shall be placed in a special revenue fund of the county and shall be disbursed only for the rendering of the services or functions established in Section 17-78-501 within the unincorporated areas of the county or as provided in Subsection 10-2a-219(2). (2) (a) For the purpose of levying taxes, service charges, or fees provided in this section, the county legislative body may establish a district or districts in the unincorporated areas of the county. (b) A district established by a county as provided in Subsection (2)(a) may be reorganized as a special district in accordance with the procedures set forth in Sections 17D-1-601, 17D-1-603, and 17D-1-604. (3) Nothing contained in this chapter may be construed to authorize counties to impose or levy taxes not otherwise allowed by law. (4) Notwithstanding any other provision of this part, a county providing fire, paramedic, and police protection services in a designated recreational area, as provided in Section 17-78-501, may fund fire, paramedic, or police protection services from the county general fund with revenues derived from both inside and outside the limits of cities and towns, and the funding of those services is not limited to unincorporated area revenues. (5) (a) With respect to the budgeting, accounting for, and disbursing of funds to furnish the municipal-type services and functions described in Section 17-78-501 to areas of the county outside the limits of incorporated towns and cities, including levying of taxes and imposition of fees and charges under this section, each county legislative body shall separately budget and strictly account for and apportion to the costs of providing municipal-type services and functions for the following: (i) the salaries of each county commissioner and the salaries and wages of all other elected and appointed county officials and employees; (ii) the operation and maintenance costs of each municipal-type service or function provided, set forth separately as line items in the Municipal Services Fund budget; (iii) the cost of renting or otherwise using capital facilities for the purposes of providing municipal-type services or functions; and (iv) all other costs including administrative costs associated, directly or indirectly, with the costs of providing municipal-type services or functions. (b) At all times these funds and any expenditures from these funds shall be separately accounted for and utilized only for the purposes of providing municipal-type services and functions to areas of the county outside the limits of incorporated towns or cities. (6) To implement Subsection (5): (a) a budget shall be adopted and administered in the same manner as the budget for general purposes of the county which furnishes the municipal-type services and functions is adopted and administered, either as a part of the general budget or separate from it; (b) funds for the purposes of furnishing municipal-type services and functions under this chapter shall be collected, held, and administered in the same manner as other funds of the county are collected, held, and administered, but shall be segregated and separately maintained, except that where, in the judgment of the county legislative body, advantages inure to the fund from coinvestment of these funds and other funds also subject to control by the county legislative body, the county legislative body may direct this coinvestment, but in no event may the funds to furnish municipal-type services and functions or the income from their investment be used for purposes other than those described in Section 17-78-501; (c) expenditures shall be made in the same manner as other expenditures of the county are made; and (d) any taxes levied under this part shall be levied at the same time and in the same manner as other taxes of the county are levied. (7) An annual audit of the budgeting, accounting for, and disbursing of funds used to furnish municipal-type services and functions, shall be conducted by an independent certified public accountant.
Utah Code § 17-62-302 — Utah Code / Title 17 / Chapter 17-62 / § 17-62-302
§ 17-62-302. County legislative body initiation of adoption of optional plan -- Procedure.
Status: in_force

(1) (a) A county legislative body may only initiate the process of adopting an optional plan by: (i) approving a motion to establish a study committee to study changing the form of government; and (ii) adopting a resolution to submit to the voters the question of whether the county should adopt an optional plan proposed by the study committee described in Subsection (1)(a)(i). (b) The county legislative body may not submit to the voters an optional plan unless the optional plan complies with the requirements of Sections 17-62-403 and 17-62-404. (2) (a) No later than 10 days after the day on which the county legislative body approves a motion as described in Subsection (1)(a)(i), the county legislative body shall notify the county executive of the county legislative body's approval to establish a study committee. (b) No later than 10 days after the day on which the county legislative body adopts a resolution as described in Subsection (1)(a)(ii), the legislative body shall send a copy of the optional plan that the legislative body recommends to: (i) the county clerk; and (ii) the county attorney for review in accordance with Section 17-62-405.
Utah Code § 17-70-504 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-504
§ 17-70-504. Compensation for assistance in transaction involving county -- Public disclosure and filing required.
Status: in_force

(1) An officer may not receive or agree to receive compensation for assisting an individual or business entity in a transaction involving the county in which the officer is elected or appointed unless the officer: (a) files with the county legislative body a sworn statement disclosing the information described in Subsection (5); (b) discloses in open meeting to the members of the body of which the officer is a member, immediately before the discussion, the information described in Subsection (5); and (c) for an officer who is an elected officer, files the sworn statement described in Subsection (1)(a) with the county clerk. (2) An officer shall file the sworn statement described in Subsection (1)(a) on or before the earlier of: (a) 10 days before the date on which the officer and the person or business entity being assisted enter into an agreement; or (b) 10 days before the date on which the officer receives compensation. (3) In accordance with Subsection (1)(c), an elected officer shall file the sworn statement with the county clerk on or before the earlier of the deadlines described in Subsections (2)(a) and (b). (4) A county clerk who receives the sworn statement described in Subsection (1)(a) shall: (a) post a copy of the sworn statement on the county's website; and (b) ensure that the sworn statement remains posted on the county's website until the elected officer leaves office. (5) The sworn statement described in Subsection (1)(a) is public information and is available for examination by the public. (6) The sworn statement and public disclosure described in Subsection (1) shall contain the following information: (a) the name and address of the officer; (b) the name and address of the individual or business entity being or to be assisted, or in which the officer has a substantial interest; and (c) a brief description of: (i) the transaction as to which service is rendered or is to be rendered; and (ii) the nature of the service performed or to be performed.
Utah Code § 17-71-604 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-604
§ 17-71-604. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Utah Code § 17-66-401 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-401
§ 17-66-401. Salaries of county officers to be fixed by county legislative body.
Status: in_force

(1) The annual salaries of county officers shall be set by the respective county legislative bodies, subject to the requirements of this part. (2) (a) As used in this Subsection (2), "executive county officer" means: (i) the county manager or chief administrative officer; (ii) the assistant county manager or assistant county chief administrative officer; (iii) an individual who is the head or chief of a county department or division; (iv) an individual who is the chief assistant or deputy of an individual described in Subsection (2)(a)(iii); or (v) in a county of the first class with a county executive-council form of government under Section 17-62-203, an individual appointed by the county executive to a position requiring the advice and consent of the county legislative body, as provided by county ordinance. (b) Before a county legislative body may adopt a final budget or a final amended budget that includes a compensation increase for an executive county officer, the county legislative body shall: (i) hold a public hearing on the compensation increase; and (ii) publish notice of the time, place, and purpose of the public hearing: (A) for at least seven days before the date of the public hearing; and (B) as a class A notice under Section 63G-30-102. (c) A public hearing under Subsection (2)(b)(i): (i) shall be held separate from any other public hearing; and (ii) may be held the same day as another public hearing, including immediately before or after the other public hearing. (3) The salaries of county officers shall be paid monthly, semi-monthly, or bi-weekly, as determined by the county legislative body, out of the county general fund or, if applicable, the county salary fund.
Utah Code § 17-75-304 — Utah Code / Title 17 / Chapter 17-75 / § 17-75-304
§ 17-75-304. County required to provide leave to a legislator on an authorized legislative day.
Status: in_force

(1) Except as provided in Subsection (3), a county that employs an individual who is a legislator: (a) shall grant leave to the individual on an authorized legislative day for the number of hours the individual requests; (b) may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (1)(a); and (c) may not take retaliatory action against the individual for using the leave described in Subsection (1)(a). (2) The leave described in Subsection (1) is leave without pay unless the county and the individual described in Subsection (1) agree to terms that are more favorable to the individual. (3) A county is not required to comply with Subsection (1) if the legislative body of the county determines that complying with the requirement would cause the county significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the county's operations.
Utah Code § 17-61-306 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-306
§ 17-61-306. Minor adjustments to county boundaries authorized -- Public hearing -- Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
Status: in_force

(1) (a) Counties sharing a common boundary may, in accordance with the provisions of Subsection (2) and Utah Constitution, Article XI, Section 3 and for purposes of real property tax assessment and county record keeping, adjust all or part of the common boundary to move it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with, the closest existing property boundary of record. (b) A boundary adjustment under Subsection (1)(a) may not create a boundary line that divides or splits: (i) an existing parcel; (ii) an interest in the property; or (iii) a claim of record in the office of recorder of either county sharing the common boundary. (2) The legislative bodies of both counties desiring to adjust a common boundary in accordance with Subsection (1) shall: (a) hold a joint public hearing on the proposed boundary adjustment; (b) at least seven days before the public hearing described in Subsection (2)(a), provide written notice of the proposed adjustment to: (i) each owner of real property whose property, or a portion of whose property, may change counties as the result of the proposed adjustment; and (ii) any of the following whose territory, or a portion of whose territory, may change counties as the result of the proposed boundary adjustment, or whose boundary is aligned with any portion of the existing county boundary that is being proposed for adjustment: (A) a city; (B) a town; (C) a school district; (D) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts; (E) a special service district governed by Title 17D, Chapter 1, Special Service District Act; (F) an interlocal entity governed by Title 11, Chapter 13, Interlocal Cooperation Act; (G) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (H) a local building authority governed by Title 17D, Chapter 2, Local Building Authority Act; and (I) a conservation district governed by Title 17D, Chapter 3, Conservation District Act; and (c) adopt a joint resolution approved by both county legislative bodies approving the proposed boundary adjustment. (3) The legislative bodies of both counties adopting a joint resolution under Subsection (2)(c) shall: (a) within 15 days after adopting the joint resolution, jointly send to the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment under Section 67-1a-6.5, jointly submit to the recorder of the county in which the property is located after the boundary adjustment: (i) the original notice of an impending boundary action; (ii) the original certificate of boundary adjustment; (iii) the original approved final local entity plat; and (iv) a certified copy of the joint resolution approving the boundary adjustment. (4) (a) As used in this Subsection (4): (i) "Affected area" means an area that, as a result of a boundary adjustment under this section, is moved from within the boundary of one county to within the boundary of another county. (ii) "Receiving county" means a county whose boundary includes an affected area as a result of a boundary adjustment under this section. (b) A boundary adjustment under this section takes effect on the date the lieutenant governor issues a certificate of boundary adjustment under Section 67-1a-6.5. (c) (i) The effective date of a boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5. (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the recorder of the county in which the property is located, a receiving county may not: (A) levy or collect a property tax on property within an affected area; (B) levy or collect an assessment on property within an affected area; or (C) charge or collect a fee for service provided to property within an affected area. (5) Upon the effective date of a boundary adjustment under this section: (a) all territory designated to be adjusted into another county becomes the territory of the other county; and (b) the provisions of Section 17-61-305 apply in the same manner as with an annexation under this part.
Utah Code § 17-79-601 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-601
§ 17-79-601. Limit on single family designation.
Status: in_force

(1) As used in this section, "single-family limit" means the number of individuals allowed to occupy each residential unit that is recognized by a land use authority in a zone permitting occupancy by a single family. (2) A county may not adopt a single-family limit that is less than: (a) three, if the county has within its unincorporated area: (i) a state university; (ii) a private university with a student population of at least 20,000; or (iii) a mountainous planning district; or (b) four, for each other county.
Utah Code § 17-79-408 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-408
§ 17-79-408. Mountainous planning district.
Status: in_force

(1) (a) The legislative body of a county of the first class may adopt an ordinance designating an area located within the county as a mountainous planning district if the legislative body determines that: (i) the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range; (ii) the area is used by residents of the county who live inside and outside the limits of a municipality; (iii) the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county; (iv) the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and (v) the area includes land designated as part of a national forest on or before May 9, 2017. (b) The population figure under Subsection (1)(a)(iii) shall be derived from a population estimate by the Utah Population Committee created in Section 63C-20-103. (2) (a) A county may adopt a general plan and adopt a zoning or subdivision ordinance for a property that is located within a mountainous planning district. (b) A county plan or zoning or subdivision ordinance governs a property described in Subsection (2)(a).
Utah Code § 17-64-404 — Utah Code / Title 17 / Chapter 17-64 / § 17-64-404
§ 17-64-404. Examination and audit of accounts.
Status: in_force

(1) A legislative body may examine and audit the accounts of all county officers having the care, management, collection, or disbursement of money belonging to the county or appropriated by law or otherwise for the county's use and benefit. (2) (a) Subject to Subsection (2)(b), the finance officer of the county shall reply to each request for financial information by a legislative body or any member of a legislative body within five business days after the day on which the finance officer receives the request. (b) If a request for financial information requires an extended time period to research and compile, the finance officer shall provide written notice to the legislative body that includes an explanation for the delay and the date when the information will be provided to the legislative body. (3) A legislative body may hire professional staff to provide technical assistance and analysis of all financial matters of the county. (4) Nothing in this section may be construed to affect a county auditor's authority under Chapter 69, County Auditor.
Utah Code § 17-72-406 — Utah Code / Title 17 / Chapter 17-72 / § 17-72-406
§ 17-72-406. Maintaining order in the county jail -- Imposing restitution.
Status: in_force

(1) If a prisoner commits an act of violence against another individual, attempts to damage jail property, attempts to escape, or refuses to obey a lawful order and reasonable command, an officer or jail employee may use all reasonable means under the circumstances, including the use of a weapon: (a) in self-defense; (b) to defend another; (c) to protect jail property; (d) to prevent escape; or (e) to enforce compliance with a lawful order and reasonable command. (2) (a) A jail may request restitution from a prisoner for damaging jail property as part of an administrative disciplinary hearing. (b) To enforce ordered or agreed upon restitution, a jail may withdraw money from or place a hold on a prisoner's commissary account.
Utah Code § 17-78-504 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-504
§ 17-78-504. Contracts under Interlocal Cooperation Act.
Status: in_force

This part may not be construed to prevent counties, cities, and towns from entering into contracts covering the furnishing by one to the other of all or any of the municipal-type services under Title 11, Chapter 13, Interlocal Cooperation Act, except that where incorporated cities or towns perform one or more of the municipal services set forth in Section 17-78-501 for unincorporated areas of a county, payment shall be made from the special revenue fund.
Utah Code § 17-68-102 — Utah Code / Title 17 / Chapter 17-68 / § 17-68-102
§ 17-68-102. Creation of Office of the District Attorney.
Status: in_force

For each prosecution district created in accordance with Part 4, Prosecution District, there is created the Office of the District Attorney.
Utah Code § 17-76-207 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-207
§ 17-76-207. Examinations -- How prepared, conducted, and graded -- Notice of examination -- Preservation and inspection of examination papers.
Status: in_force

(1) (a) When necessary, a commission shall administer a competitive examination for employment as a peace officer to determine the qualification of applicants . (b) An examination shall be practical in character and shall relate to matters that will fairly test the mental and physical ability and knowledge of the applicants to discharge the duties of peace officer. (c) An examination shall be prepared, conducted, and graded as directed by the commission, or by impartial special examiners if the commission finds it necessary. (2) (a) Notice of examination shall be: (i) (A) published one time not less than 15 days before the examination in a newspaper of general circulation in the area concerned; and (B) published, in accordance with Section 45-1-101, for 15 days before the examination; and (ii) posted in a conspicuous place in the office of the appointing authority's department. (b) The notice shall set forth minimum and maximum wages, physical and educational requirements, and passing grades that are not less than 70% correct answers. (c) An applicant completing an examination shall be promptly notified of the applicant's final grade by mail at the applicant's last known address. (3) All examination papers are the commission's property, and the commission shall preserve the examination papers until the expiration of the eligible register. (4) Examination papers are not open to public inspection without court order, except that: (a) an applicant may inspect the applicant's own examination papers at any time within 30 days after the date the commission mails the notice described in Subsection (2); and (b) the appointing authority may inspect the papers of any eligible applicant the commission certifies for appointment.
Utah Code § 17-80-401 — Utah Code / Title 17 / Chapter 17-80 / § 17-80-401
§ 17-80-401. Affordable home ownership density bonus for single-family residential units.
Status: in_force

(1) As used in this section: (a) "Affordable housing" means the same as that term is defined in Section 10-21-401. (b) "Owner-occupier" means the same as that term is defined in Section 10-21-401. (c) "Qualifying affordable home ownership single-family density bonus" means: (i) for an area with an underlying zoning density of less than six residential units per acre, county approval of a density at least six residential units per acre; or (ii) for an area with an underlying zoning density of six residential units per acre or more, county approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area. (2) If a county approves a qualifying affordable home ownership single-family density bonus, either through a zoning ordinance or a development agreement, the county may adopt requirements for the qualifying affordable home ownership single-family density bonus area to ensure: (a) at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years; (b) at least 25% of the total single-family residential units qualify as affordable housing; (c) at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or (d) the applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the county, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601. (3) A county may offer additional incentives in a qualifying affordable home ownership single-family density bonus area approved for single-family residential units to promote owner-occupied, affordable housing.
Utah Code § 17-52a-203 — Utah Code / Title 17 / Chapter 17-62 / § 17-52a-203
§ 17-52a-203. County executive-council form of county government.
Status: in_force

(1) As used in this section, "district" means the same as that term is defined in Section 17-62-204. (2) (a) The following shall govern a county operating under the form of government known as the "county executive-council" form: (i) an elected county council; (ii) an elected county executive; and (iii) other officers and employees authorized by law. (b) The optional plan shall provide for the qualifications, time, and manner of election, term of office and compensation of the county executive. (3) The county executive is the chief executive officer or body of the county. (4) In the county executive-council form of county government: (a) the county council is the county legislative body and has the powers, duties, and functions of a county legislative body under Chapter 64, County Legislative Body; and (b) the county executive has the powers, duties, and functions of a county executive under Chapter 65, County Executive. (5) References in any statute to the "governing body" or the "board of county commissioners" of the county, in the county executive-council form of county government, means: (a) the county council, with respect to legislative functions, duties, and powers; and (b) the county executive, with respect to executive functions, duties, and powers. (6) (a) Except as provided in Subsection (6)(b), beginning on October 15, 2025, a county with a county executive-council form of government shall ensure that each council member: (i) represents a single district, rather than being elected at-large; (ii) is elected by a majority of voters residing within the member's district; and (iii) resides in the district the council member represents. (b) A county with a county executive-council form of government where, on and after May 7, 2025, at least 65% of county council members represent districts as described in Subsection (6)(a) may continue to have one or more county council members elected at-large. (c) A county that adopts a county executive-council form of government after May 7, 2025, shall ensure that all county council members meet the qualifications described in Subsection (6)(a). (7) A county with a county executive-council form of government shall: (a) ensure that each time the county implements a district map or conducts redistricting for the county council districts, the resulting district map complies with the requirements in Subsection 17-62-204(13)(b)(i); and (b) adopt a district map as described in Subsection 17-62-204(13)(b)(ii). (8) (a) A voter in a county that fails to comply with the requirements of Subsections (6) and (7) may commence suit in a court of competent jurisdiction to compel compliance with, or enjoin a violation of, Subsections (6) and (7). (b) The court may award reasonable attorney fees and court costs to a successful plaintiff. (9) Beginning January 1, 2026, for a county that fails to comply with the requirements of Subsections (6) and (7), in addition to the remedies described in Subsection (8), the state tax commission may suspend disbursements of transient room tax revenue to the county until the county establishes that the county is in compliance with Subsections (6) and (7).
Utah Code § 17-78-401 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-401
§ 17-78-401. County powers to acquire, construct, and control roads and other facilities -- Retainage.
Status: in_force

(1) A county may: (a) contract for, purchase, or otherwise acquire, when necessary, rights of way for county roads over private property, and may institute proceedings for acquiring such rights of way as provided by law; (b) lay out, construct, maintain, control, and manage county roads, sidewalks, ferries and bridges within the county, outside of cities and towns; (c) designate the county roads to be maintained by the county within or extending through any city or town, which may not be more than three in the same direction; (d) abolish or abandon county roads that are unnecessary for the use of the public, in the manner provided by law; and (e) lay out, construct, maintain, control, and manage landing fields and hangars for the use of airplanes or other vehicles for aerial travel. (2) If any payment on a contract with a private contractor to construct county roads, sidewalks, ferries, and bridges under this section is retained or withheld, the payment shall be retained or withheld and released as provided in Section 13-8-5.
Utah Code § 17-73-201 — Utah Code / Title 17 / Chapter 17-73 / § 17-73-201
§ 17-73-201. County surveyor to be elected -- Requirement to be licensed land surveyor -- Authority to contract with licensed land surveyor if no elected county surveyor -- County surveyor duties.
Status: in_force

(1) (a) The office of the county surveyor in each county shall be filled by: (i) election; and (ii) except as provided in Subsection (1)(b), a licensed professional land surveyor. (b) In a county where the office of county surveyor is consolidated with another elected county office, as provided in Section 17-66-104, all duties of the county surveyor shall be performed by a licensed professional land surveyor. (c) In a county where there is no elected county surveyor, or the individual holding a consolidated office described in Subsection (1)(b) is not a licensed professional land surveyor: (i) the county executive or legislative body may: (A) consistent with Section 17-65-402, contract with a licensed professional land surveyor to perform the duties of a county surveyor; or (B) hire as a county employee a licensed professional land surveyor to perform the duties of a county surveyor; (ii) all duties of the county surveyor shall be done by a licensed professional land surveyor; (iii) the county recorder shall assume and perform all statutory functions and duties of the county surveyor related to the retention, maintenance, and accessibility of survey records, both physical and digital; and (iv) the county recorder's office shall act as the county surveyor's office only for the purpose of accepting, retaining, and managing county survey records. (d) A licensed professional land surveyor who contracts with or is hired by the county as described in Subsection (1)(c) shall fulfill the duties of the county surveyor as described in this chapter or, if applicable, as described in the county contract. (2) The county surveyor shall execute: (a) all orders directed to the surveyor by any court; and (b) all orders of survey required by the county executive or county legislative body. (3) (a) The county surveyor shall: (i) advise the county executive and county legislative body regarding all surveying work; (ii) perform or arrange for the performance of all surveying work for the county; (iii) permanently keep at county government offices a fair and accurate record of all surveys made, including legal descriptions and geographic coordinates, all surveys received in accordance with Section 17-73-504, and all corner files received in accordance with Section 17-73-505; (iv) number progressively all surveys received and state by whom and for whom the surveys were made; (v) deliver a copy of any survey to any person or court requiring the survey after the payment of the fee established by the county legislative body; (vi) ensure that all surveys of legal subdivisions of sections are made according to the United States Manual of Surveying Instructions in effect at the time the survey is completed; (vii) verify the correctness of or establish correct coordinates for all survey reference monuments set in place and shown on all subdivision maps and plats which have a spatial relationship with any section or quarter section corner; and (viii) perform other duties required by law. (b) In arranging for the performance of surveying work for the county under Subsection (3)(a)(ii), a surveyor may comply with Section 17-65-402. (4) (a) The county surveyor or the county surveyor's designee shall establish all corners of government surveys and reestablish all corners of government surveys where corners have been destroyed and where witness markers or other evidence of the government corners remain so that the corners established by government survey can be positively located. (b) The corners shall be reestablished in the manner provided in Section 17-73-501 for establishing corners. (c) The county surveyor shall keep a separate record of the established and reestablished corners of government surveys, giving the date and names of persons present and shall provide those records to the county surveyor's successor when the county surveyor vacates office. (d) Established or reestablished corners shall be recognized as the legal and permanent corners. (5) The county executive or legislative body may direct the county surveyor or county surveyor staff to perform engineering and architectural work if the county surveyor or county surveyor staff is qualified and licensed to perform that work.
Utah Code § 17-65-404 — Utah Code / Title 17 / Chapter 17-65 / § 17-65-404
§ 17-65-404. Changes or alterations in contract -- Liability of county.
Status: in_force

(1) If the county executive enters into a contract for the construction, alteration, or repair of any public building or other public structure, the contract may be altered or changed only if the alteration or change is within the general scope of the contract. (2) If the county executive makes a change or alteration to the contract , as described in Subsection (1): (a) the particular change or alteration shall be specified in writing; and (b) the increase or decrease in cost due to the change or alteration shall be established by the county executive according to either: (i) the provisions of the contract; or (ii) established principles of the construction industry. (3) (a) The county executive may adopt policies and procedures to delegate authority for approval of changes or alterations in the contract to a county employee, including the county engineer, architect, surveyor, or director of the department or division responsible for the work. (b) Unless the requirements of this section are met, the county is not liable for any extra work done on the buildings or public structures.
Utah Code § 17-79-614 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-614
§ 17-79-614. Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.
Status: in_force

(1) As used in this section: (a) "Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county median home price. (b) "Building design element" means: (i) exterior color; (ii) type or style of exterior cladding material; (iii) style, dimensions, or materials of a roof structure, roof pitch, or porch; (iv) exterior nonstructural architectural ornamentation; (v) location, design, placement, or architectural styling of a window or door; (vi) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door; (vii) number or type of rooms; (viii) interior layout of a room; (ix) minimum square footage over 1,000 square feet, not including a garage; (x) rear yard landscaping requirements; (xi) minimum building dimensions; or (xii) a requirement to install front yard fencing. (c) "Owner-occupied" means a housing unit in which the individual who owns the housing unit, solely or jointly, lives as the individual's primary residence for no less than five years. (d) "Specified county" means the same as that term is defined in Section 17-80-101. (e) "Unobstructed" means a parking space that has no permanent barriers that would unreasonably reduce the size of an available parking space described in Subsection (4). (2) Except as provided in Subsection (3), a county may not impose a requirement for a building design element on a one- or two-family dwelling. (3) Subsection (2) does not apply to: (a) a dwelling located within an area designated as a historic district in: (i) the National Register of Historic Places; (ii) the state register as defined in Section 9-8a-402; or (iii) a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, except as provided under Subsection (3)(b); (b) an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency; (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; (d) building design elements agreed to under a development agreement; (e) a dwelling located within an area that: (i) is zoned primarily for residential use; and (ii) was substantially developed before calendar year 1950; (f) an ordinance enacted to implement water efficient landscaping in a rear yard; (g) an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of: (i) defects in the material of existing cladding; or (ii) consistent defects in the installation of existing cladding; (h) a land use regulation, including a planned unit development or overlay zone, that a property owner requests: (i) the county to apply to the owner's property; and (ii) in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district; or (i) an ordinance enacted to mitigate the impacts of an accidental explosion: (i) in excess of 20,000 pounds of trinitrotoluene equivalent; (ii) that would create overpressure waves greater than .2 pounds per square inch; and (iii) that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area. (4) A county that is a specified county may not: (a) require that the dimensions of a single parking space for a one- or two-family dwelling or town home be: (i) for unobstructed, enclosed, or covered parking: (A) more than 10 feet wide; or (B) more than 20 feet long; or (ii) for uncovered parking: (A) more than nine feet wide; or (B) more than 20 feet long; (b) restrict an unobstructed tandem parking space from satisfying two parking spaces as part of a minimum parking space requirement; and (c) restrict a two-car garage from satisfying two parking spaces as part of a minimum parking space requirement. (5) A county may not require a garage for a single-family attached or detached dwelling that is owner-occupied affordable housing. (6) If a county requires a garage, the county shall count each parking space within the garage as part of the county's minimum parking space requirement as described in Section 17-80-303. (7) Nothing in this section prohibits a county from requiring on-site parking for owner-occupied affordable housing.
Utah Code § 17-63-904 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-904
§ 17-63-904. Bond issue for certain facilities -- Board of directors -- Use of revenues from facilities -- Rights of bondholders.
Status: in_force

(1) (a) A county legislative body adopting proceedings authorizing the issuance of county bonds for the purpose of acquiring, improving, extending, furnishing, and equipping auditoriums, sports arenas, stadiums, convention centers, and all properties and facilities ordinarily forming part of a so-called "convention complex," or for any part or combination of the foregoing may, by resolution, provide for the creation of a board of directors which, if any of the bonds remain outstanding either in original or refunded form, may: (i) have complete management and control of the facilities acquired with the proceeds of the bonds; or (ii) act as an advisory board to the county executive and legislative body regarding the management and operation of a property or facility described in this Subsection (1)(a). (b) (i) The board of directors described in Subsection (1)(a) shall have the number of members, possessing such qualifications and selected for such terms, and shall operate in accordance with such rules and regulations as adopted by the county legislative body. (ii) The members of the board of directors described in Subsection (1)(a) shall serve without compensation except for reimbursement of expenses actually incurred in the performance of their duties. (iii) After the appointment and organization of the board of directors, all vacancies thereafter occurring, whether by expiration of term or otherwise, shall be filled by majority vote of the remaining members of the board. (iv) Subject to provisions adopted by the county legislative body, the members of the board of directors may have the powers and duties ordinarily enjoyed by the directors of a private corporation operating similar facilities. (2) A county legislative body that adopts proceedings for the purpose of and as described in Subsection (1)(a) shall provide that all revenues of every nature derived from the operation of the facilities so acquired with bond proceeds and not expended in the reasonable and proper costs of maintaining and operating the facilities, including the making of necessary repairs and replacements, be pledged to and utilized for the payment of principal of and interest on the bonds and, if so provided, the creation of a reserve for such purpose.
Utah Code § 17-60-106 — Utah Code / Title 17 / Chapter 17-60 / § 17-60-106
§ 17-60-106. Registration as a local government entity.
Status: in_force

(1) (a) Each county shall register and maintain the county's registration as a local government entity, in accordance with Section 67-1a-15. (b) The county clerk shall register and maintain the county's registration. (2) A county 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 § 17-78-805 — Utah Code / Title 17 / Chapter 17-78 / § 17-78-805
§ 17-78-805. Budget prepared by directors -- Fiscal year -- Tax levy.
Status: in_force

(1) The planetarium board of directors shall prepare an annual budget and estimate of expenditures and in all other respects comply with the requirements of Chapter 63, Fiscal Authority and Processes. (2) A county planetarium shall operate on the same fiscal year as the county and upon approval by the county legislative body of a final fiscal year budget submitted by the board of directors.
Utah Code § 17-61-404 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-404
§ 17-61-404. Records to be transmitted -- Expenses for transcribing and transfer.
Status: in_force

(1) (a) Whenever a new county is created under the provisions of this part, the county executive of the seceding county shall furnish to the respective officers of the new county, in a form suitable for creating permanent records, certified copies of all records or parts of records pertaining to or affecting the title of real or personal property in the new county. (b) The certified copies described in Subsection (1)(a) shall be complete as of the effective creation date of the new county. (c) The original records, books, maps, or plats, whether filed or recorded, or filed papers which exclusively relate to or affect the title to land in the new county or which affect personal property owned by residents of the new county, shall be transferred by the seceding county to the custody of the relevant county officer of the new county. (d) For a record of any antecedent county that has been compiled or arranged in a manner that the record may be divided by segregating the instruments that relate to or affect exclusively the title to land in the new county or personal property owned by residents of the new county, the record shall be divided and the separate parts of the divided record shall be the property of the county to which the information within the record relates. (2) The county clerk of a seceding county shall transfer to the new county: (a) (i) except as provided in Subsection (2)(a)(ii), original records in the possession of the seceding county of all corporations whose principal place of business is situated in the new county; or (ii) if the original record of a corporation is unavailable, or it is otherwise impractical to transfer an original record, a certified copy of the original record in the possession of the seceding county pertaining to any corporation whose principal place of business is situated in the new county along with all original documents, files, and papers relating to the corporation; (b) (i) except as provided in Subsection (2)(b)(ii), certified copies of all recorded official bonds, if any, of county officers within the new county in force at the time the new county is created; or (ii) if an official bond of a county officer is recorded in such manner that the original record may be transferred to the new county, the official bond; (c) bonds of local officers within the new county which are required by law to be filed, if in the possession of the seceding county; (d) official registers, books, papers, and files of every description relating to or affecting elections, both general and local, which shall have been held in any district, precinct, or other subdivision wholly within the new county that are in the possession of the seceding county; (e) certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the seceding county; (f) records, maps, plats, files, and papers relating to or affecting the creation, regulation and operation of irrigation, drainage and mosquito abatement districts which are wholly within the new county and in the possession of the seceding county; and (g) certified copies of records, maps, plats, files, and papers relating to and affecting the creation, regulation and operation of irrigation, drainage, and mosquito abatement districts which are partly in the new and partly in the seceding county. (3) All expenses lawfully incurred by a seceding county for transcribing, copying, and transferring records provided for in this section shall be reimbursed from the general funds of the new county no later than 30 days from the day on which the record is transferred to the new county.
Utah Code § 17-71-502 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-502
§ 17-71-502. Judgments affecting real estate.
Status: in_force

(1) A county recorder shall record for real property, any part of which is located in the county: (a) a judgment affecting the real property; (b) a release, assignment, renewal, or extension of a judgment lien affecting the real property; or (c) a certified copy of a final judgment or decree partitioning or affecting the title or possession of the real property. (2) A document recorded in accordance with this section is subject to the requirements of Section 57-3-106.
Utah Code § 17-80-402 — Utah Code / Title 17 / Chapter 17-80 / § 17-80-402
§ 17-80-402. Affordable home ownership density bonus for multi-family residential units.
Status: in_force

(1) As used in this section: (a) "Affordable housing" means the same as that term is defined in Section 10-21-401. (b) "Owner-occupier" means the same as that term is defined in Section 10-21-401. (c) "Qualifying affordable home ownership multi-family density bonus" means county approval of a density of at least 20 residential units per acre. (2) If a county approves a qualifying affordable home ownership multi-family density bonus, either through a zoning ordinance or a development agreement, the county may adopt requirements for the qualifying affordable home ownership multi-family density bonus area to ensure: (a) at least 20% more residential units per acre than are otherwise allowed in the area; (b) at least 60% of the total units in the multi-family residential building be deed-restricted to owner-occupancy for at least five years; (c) at least 25% of the total units in the multi-family residential building qualify as affordable housing; (d) at least 25% of the total units in a multi-family residential building to be no larger than 1,600 square feet; or (e) the applicant creates a preferential qualifying buyer program in which a unit in a multi-family residential building is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the county, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601. (3) A county may offer additional incentives in a qualifying affordable home ownership multi-family density bonus area for multi-family residential units to promote owner-occupied, affordable housing.
Utah Code § 17-77-201 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-201
§ 17-77-201. Local substance abuse authorities -- Responsibilities.
Status: in_force

(1) (a) (i) In each county other than a county described in Subsection (1)(a)(ii) or (iii), the county legislative body is the local substance abuse authority. (ii) In each county operating under a county executive-council form of government under Section 17-62-203, the county legislative body is the local substance abuse authority, except that the county executive administers any contract for plan services. (iii) In each county operating under a council-manager form of government under Section 17-62-204, the county manager is the local substance abuse authority. (b) Within legislative appropriations and county matching funds required by this section, and under the direction of the division, each local substance abuse authority shall: (i) develop substance use prevention and treatment services plans; (ii) provide substance use services to residents of the county; and (iii) cooperate with the division's efforts to promote integrated programs that address an individual's substance use, mental health, and physical healthcare needs, as described in Section 26B-5-102. (c) Within legislative appropriations and county matching funds required by this section, each local substance abuse authority shall cooperate with the department's efforts to promote a system of care, as defined in Section 26B-5-101, for minors with or at risk for complex emotional and behavioral needs, as described in Section 26B-5-101. (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, two or more counties may join to: (i) provide substance use prevention and treatment services; or (ii) create a united local health department that provides substance use treatment services, mental health services, and local health department services in accordance with Subsection (3). (b) The legislative bodies of counties joining to provide services may establish ways of apportioning the cost of substance use services. (c) Each agreement for joint substance use services shall: (i) (A) designate the county treasurer of one of the participating counties, or another individual as the treasurer, for the combined substance abuse authorities and as the custodian of money available for the joint services; and (B) provide that the designated treasurer, or other disbursing officer authorized by the treasurer, may make payments from the money for the joint services upon audit of the appropriate auditing officer or officers representing the participating counties; (ii) provide for the appointment of an independent auditor or a county auditor of one of the participating counties as the designated auditing officer for the combined substance abuse authorities; (iii) (A) provide for the appointment of the county attorney or district attorney of one of the participating counties as the designated legal officer for the combined substance abuse authorities; and (B) authorize the legal officer designated under Subsection (2)(c)(iii)(A) to request and receive the assistance of the county or district attorneys of the other participating counties in defending or prosecuting actions within their counties relating to the combined substance abuse authorities; and (iv) provide for the adoption of management, clinical, financial, procurement, personnel, and administrative policies as already established by one of the participating counties or as approved by the legislative body of each participating county or interlocal board. (d) An agreement for joint substance use services may provide for: (i) joint operation of services and facilities; or (ii) operation of services and facilities under contract by one participating local substance abuse authority for other participating local substance abuse authorities. (3) (a) A county governing body may elect to combine the local substance abuse authority with: (i) the local mental health authority created in Part 3, Local Mental Health Authorities; or (ii) the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department Act. (b) A local substance abuse authority that joins a united local health department shall comply with this part. (4) (a) Each local substance abuse authority is accountable to the department and the state with regard to the use of state and federal funds received from the department for substance use services, regardless of whether the services are provided by a private contract provider. (b) (i) Each local substance abuse authority shall comply, and require compliance by the local substance abuse authority's contract provider, with all directives issued by the department regarding the use and expenditure of state and federal funds received from the department for the purpose of providing substance use programs and services. (ii) The department shall: (A) ensure that directives issued by the department described in Subsection (4)(b)(i) are not duplicative or conflicting; and (B) consult and coordinate with local substance abuse authorities with regard to programs and services. (5) Each local substance abuse authority shall: (a) review and evaluate substance use prevention and treatment needs and services, including substance use needs and services for an individual incarcerated in a county jail or other county correctional facility; (b) annually prepare and submit to the division a plan approved by the county legislative body for funding and service delivery that includes: (i) provisions for services, either directly by the substance abuse authority or by contract, for adults, youth, and children, including those incarcerated in a county jail or other county correctional facility; (ii) primary prevention, targeted prevention, early intervention, and treatment services; and (iii) in a form and format usable by a first responder, an inclusive list of providers of substance use services available for individuals within the local substance abuse authority's jurisdiction; (c) establish and maintain, either directly or by contract, programs licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; (d) appoint directly or by contract a full or part time director for substance use programs, and prescribe the director's duties; (e) provide input and comment on new and revised rules established by the division; (f) establish and require contract providers to establish administrative, clinical, procurement, personnel, financial, and management policies regarding substance use services and facilities, in accordance with the rules of the division, and state and federal law; (g) establish mechanisms allowing for direct citizen input; (h) annually contract with the division to provide substance use programs and services in accordance with the provisions of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health; (i) comply with all applicable state and federal: (i) statutes; (ii) policies; (iii) audit requirements; (iv) contract requirements; and (v) any directives resulting from those audits and contract requirements; (j) promote or establish programs for the prevention of substance use within the community setting through community-based prevention programs; (k) provide funding equal to at least 20% of the state funds that it receives to fund services described in the plan; (l) comply with the requirements and procedures of: (i) Title 11, Chapter 13, Interlocal Cooperation Act; (ii) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts; and (iii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; (m) for persons convicted of driving under the influence in violation of Section 41-6a-502 or 41-6a-517, conduct the following as defined in Section 41-6a-501: (i) a screening; (ii) an assessment; (iii) an educational series; and (iv) substance abuse treatment; and (n) utilize proceeds of the accounts described in Subsection 26B-5-209(1) to supplement the cost of providing the services described in Subsection (5)(m). (6) Before disbursing any public funds, each local substance abuse authority shall require that each entity that receives any public funds from the local substance abuse authority agrees in writing that: (a) the entity's financial records and other records relevant to the entity's performance of the services provided to the local substance abuse authority shall be subject to examination by: (i) the division; (ii) the local substance abuse authority director; (iii) (A) the county treasurer and county attorney or district attorney; or (B) if two or more counties jointly provide substance use services under an agreement under Subsection (2), the designated treasurer and the designated legal officer; (iv) the county legislative body; and (v) in a county with a county executive that is separate from the county legislative body, the county executive; (b) the county auditor may examine and audit the entity's financial and other records relevant to the entity's performance of the services provided to the local substance abuse authority; and (c) the entity will comply with the provisions of Subsection (4)(b). (7) (a) A local substance abuse authority may receive for substance abuse services: (i) property; (ii) grants; (iii) gifts; (iv) supplies; (v) materials; (vi) contributions; and (vii) any benefit derived from the items described in Subsections (7)(a)(i) through (vi). (b) If an item described in Subsections (7)(a)(i) through (vi) are conditioned upon the item's use for a specified service or program, the item shall be so used. (8) Public funds received for the provision of services in accordance with the local substance abuse plan may not be used for any other purpose except those authorized in the contract between the local substance abuse authority and the provider for the provision of plan services. (9) Subject to the requirements of the federal Substance Abuse Prevention and Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure that all substance use treatment programs that receive public funds: (a) accept and provide priority for admission to a pregnant woman or a pregnant minor; and (b) if admission of a pregnant woman or a pregnant minor is not possible within 24 hours of the time that a request for admission is made, provide a comprehensive referral for interim services that: (i) are accessible to the pregnant woman or pregnant minor; (ii) are best suited to provide services to the pregnant woman or pregnant minor; (iii) may include: (A) counseling; (B) case management; or (C) a support group; and (iv) shall include a referral for: (A) prenatal care; and (B) counseling on the effects of alcohol and drug use during pregnancy. (10) If a substance use treatment program described in Subsection (9) is not able to accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of the time that request for admission is made, the local substance abuse authority shall contact the Division of Integrated Healthcare for assistance in providing services to the pregnant woman or pregnant minor.
Utah Code § 17-71-403 — Utah Code / Title 17 / Chapter 17-71 / § 17-71-403
§ 17-71-403. Names of persons signing to be typed or printed on instruments presented for recording.
Status: in_force

(1) (a) Each instrument presented to the county recorder for recording shall have typed or printed on it the name of each person whose signature appears on the instrument whose name is required to be indexed. (b) The person's typed or printed name shall appear just beneath that person's signature. (2) The requirements of Subsection (1) do not affect the legality of the instrument to be recorded.
Utah Code § 17-77-202 — Utah Code / Title 17 / Chapter 17-77 / § 17-77-202
§ 17-77-202. Requirements for distributing public funds.
Status: in_force

(1) Each local substance abuse authority shall award all public funds in accordance with this section and in compliance with: (a) the requirements of Title 63G, Chapter 6a, Utah Procurement Code; or (b) a county procurement ordinance adopted under Section 17-63-506. (2) (a) If all initial bids on the project are rejected, the local substance abuse authority shall publish a new invitation to bid. (b) If no satisfactory bid is received by the local substance abuse authority when the bids received from the second invitation are opened, the local substance abuse authority may execute a contract without requiring competitive bidding. (3) A local substance abuse authority is not required to comply with the procurement provisions of this section when the local substance abuse authority disburses public funds to: (a) another political subdivision of the state; or (b) an institution of higher education of the state. (4) (a) Each contract awarded by a local substance abuse authority shall be for a fixed amount and limited period. (b) A local substance abuse authority may modify a contract due to changes in available funding for the same contract purpose without competition.
Utah Code § 17-63-801 — Utah Code / Title 17 / Chapter 17-63 / § 17-63-801
§ 17-63-801. Property taxes levied for specified services -- Special revenue fund -- Limitations on use -- Collection, accounting, and expenditures.
Status: in_force

(1) A county may account separately for the revenues derived from a property tax, that is lawfully levied for a specific purpose, in accordance with this section. (2) To levy a property tax under this section, the legislative body of the county that levies the property tax shall indicate through ordinance: (a) that the county levies the tax under this section; and (b) the specific service for which the county levies the tax. (3) A property tax levied under this section is subject to the maximum rate a county may levy for property taxes under Section 59-2-908. (4) (a) A county that collects a property tax under this section shall: (i) create a special revenue fund to hold the revenues collected under this section; and (ii) deposit revenues collected from that tax into the special revenue fund described in Subsection (4)(a)(i). (b) A county may only expend revenues from a special revenue fund described in Subsection (4)(a) for a purpose that is solely related to the provision of the service described in Subsection (2)(b) for which the county created the special revenue fund. (5) Except as provided in Subsections (2) and (4), a county that levies a property tax under this section shall: (a) levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act; (b) account for revenues derived from the tax in accordance with this chapter; and (c) levy and collect and account for revenues derived from the tax in the same general manner as for the county's other property taxes.
Utah Code § 17-79-807 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-807
§ 17-79-807. Boundary establishment -- Process -- Boundary agreement not subject to review by land use authority -- Prohibitions.
Status: in_force

(1) The owners of adjoining property may initiate a boundary establishment to: (a) resolve an ambiguous, uncertain, or disputed boundary between the adjoining properties; and (b) agree upon the location of the boundary between the adjoining properties. (2) Adjoining property owners executing a boundary establishment described in Subsection (1) shall: (a) prepare an establishment document that complies with Section 57-1-45; and (b) record the boundary establishment with the county recorder, in accordance with Section 57-1-45. (3) A boundary establishment: (a) is not subject to review of a land use authority; and (b) does not require consent or approval from a land use authority before it may be recorded. (4) A boundary establishment is effective from the day it is recorded by the county recorder. (5) A county may enforce county ordinances against property with a boundary establishment that violates a land use regulation. (6) A boundary establishment that complies with this section presumptively: (a) has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed; and (b) conveys the ownership of the adjoining parties to the established common boundary.
Utah Code § 17-61-303 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-303
§ 17-61-303. Governor's proclamation -- Notice to lieutenant governor -- Recording requirements -- Effective date.
Status: in_force

(1) Upon receipt of the lieutenant governor's certification under Section 17-61-302, the governor shall issue a proclamation, stating: (a) the result of the vote in the initiating county and the annexing county; and (b) that the annexation of the territory to the annexing county will take effect as provided in Subsection (3). (2) The legislative body of the annexing county shall: (a) within 30 days after the issuance of the governor's proclamation under Subsection (1), send to the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (b) upon the lieutenant governor's issuance of a certificate of annexation under Section 67-1a-6.5, submit to the recorder of the annexing county: (i) the original notice of an impending boundary action; (ii) the original certificate of consolidation; (iii) the original approved final local entity plat; and (iv) a certified copy of the governor's proclamation under Subsection (1). (3) (a) An annexation approved at an election under Section 17-61-301 takes effect on January 1 of the year immediately following the lieutenant governor's issuance of a certificate of annexation under Section 67-1a-6.5. (b) (i) The effective date of a county annexation for purposes of assessing property within the annexing county is governed by Section 59-2-305.5. (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the county in which the property is located, an annexing county may not: (A) levy or collect a property tax on property in the annexing county that used to be in the initiating county; (B) levy or collect an assessment on property in the annexing county that used to be in the initiating county; or (C) charge or collect a fee for service provided to property within the annexing county that used to be in the initiating county.
Utah Code § 17-70-301 — Utah Code / Title 17 / Chapter 17-70 / § 17-70-301
§ 17-70-301. County legislative body clerk -- District court clerk duties.
Status: in_force

(1) The county clerk is the clerk of the county legislative body. (2) (a) A county clerk shall: (i) act as clerk of the district court in secondary counties of the state district court administrative system and those counties not in the system; and (ii) perform the duties listed in Section 78A-5-108. (b) If a county clerk performs district court clerk functions, the legislative body of the county shall provide the clerk with deputies and employees for the business of the district court as described in Subsection 17-75-201(2).
Utah Code § 17-66-302 — Utah Code / Title 17 / Chapter 17-66 / § 17-66-302
§ 17-66-302. Deposit of money in treasury.
Status: in_force

Each county officer who collects any money on behalf of the county shall as rapidly as the money is collected deposit the money into the county treasury.
Utah Code § 17-74-403 — Utah Code / Title 17 / Chapter 17-74 / § 17-74-403
§ 17-74-403. Examination of records open to other county officers, officials.
Status: in_force

The books, accounts, and vouchers of the county treasurer are at all times subject to the inspection and examination of: (1) the county executive and county legislative body; (2) the county attorney and the district attorney; (3) the county auditor; and (4) a grand jury.
Utah Code § 17-76-303 — Utah Code / Title 17 / Chapter 17-76 / § 17-76-303
§ 17-76-303. Subordinate peace officers appointed, reappointed.
Status: in_force

(1) The appointing authority of a county or police interlocal entity subject to this part that regularly employs one or more peace officers shall: (a) appoint a peace officer with the advice and consent of the county legislative body or police interlocal entity governing body, subject to the commission's rules; (b) appoint each subordinate peace officer; (c) fill a vacancy in the department; and (d) further promote, transfer, reassign, reappoint, demote, suspend, or remove a peace officer in accordance with this part. (2) The commission shall adopt rules governing the appointment of peace officers through reappointment of a former employee who separated in good standing, within one year after separation. (3) A peace officer appointed before May 13, 2014, is considered to have been appointed to and hold the peace officer's position and classification in accordance with the provisions of this part.
Utah Code § 17-61-301 — Utah Code / Title 17 / Chapter 17-61 / § 17-61-301
§ 17-61-301. Annexation of portion of county to adjoining county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballot.
Status: in_force

(1) (a) Except as provided in Section 17-61-306, a voter who desires to have initiating county territory in which the voter resides included within the boundary of an adjoining county, the voter may petition the county legislative body of the initiating county and the county legislative body of the annexing county. (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) A petition under Subsection (1) shall be: (i) signed by a majority of the voters residing in the portion of the initiating county proposed to be included within the boundaries of an annexing county; and (ii) presented before the first Monday in June of a year during which a general election is held. (b) 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) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk. (b) Within 14 days after the day on which a county clerk of an initiating county receives a petition from the county legislative body under Subsection (3)(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 voter in the portion of the initiating county that is proposed to be annexed; and (iii) deliver the certified petition to the county legislative body. (4) (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 (4)(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. (5) (a) If the county clerk of the initiating county determines that the petition meets the requirements of Subsection (2), the county clerk of the initiating county and the county clerk of the annexing county shall ensure the petition is submitted to the voters of the respective counties at the next regular general election as described in this Subsection (5). (b) Except as otherwise provided, the election shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state. (c) The ballot language to be used in an election held under this Subsection (5) shall be:For annexing a portion of ____ county to ____ county.Against annexing a portion of ____ county to ____ county.
Utah Code § 17-79-716 — Utah Code / Title 17 / Chapter 17-79 / § 17-79-716
§ 17-79-716. Notice.
Status: in_force

(1) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a vested critical infrastructure materials operations created under Chapter 81, Part 7, Vested Critical Infrastructure Materials Operations, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:"Vested Critical Infrastructure Materials OperationsThis property is located in the vicinity of an established vested critical infrastructure materials operations in which critical infrastructure materials operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the critical infrastructure materials operations. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal critical infrastructure materials operations." (2) For any new subdivision development located in whole or in part within 300 feet of the boundary of an agriculture protection area created under Chapter 81, Part 2, Proposal and Approval of Protection Areas, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:"Agriculture Protection AreaThis property is located in the vicinity of an established agriculture protection area in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future be conducted on property included in the agriculture protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal agricultural uses and activities." (3) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of an industrial protection area created under Chapter 81, Part 2, Proposal and Approval of Protection Areas, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:"Industrial Protection AreaThis property is located in the vicinity of an established industrial protection area in which normal industrial uses and activities have been afforded the highest priority use status. It can be anticipated that such industrial uses and activities may now or in the future be conducted on property included in the industrial protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal industrial uses and activities." (4) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a critical infrastructure materials protection area created under Chapter 81, Part 2, Proposal and Approval of Protection Areas, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:"Critical Infrastructure Materials Protection AreaThis property is located in the vicinity of an established critical infrastructure materials protection area in which critical infrastructure materials operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the critical infrastructure materials protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal critical infrastructure materials operations." (5) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a mining protection area created under Chapter 81, Part 2, Proposal and Approval of Protection Areas, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:"This property is located within the vicinity of an established mining protection area in which normal mining uses and activities have been afforded the highest priority use status. It can be anticipated that the mining uses and activities may now or in the future be conducted on property included in the mining protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from the normal mining uses and activities."
Utah Code § 17-69-303 — Utah Code / Title 17 / Chapter 17-69 / § 17-69-303
§ 17-69-303. Performance audit services.
Status: in_force

(1) In a county of the first class, the county auditor shall conduct a performance audit: (a) as the county auditor considers appropriate, taking into account: (i) the standards of the profession; (ii) the county auditor's professional judgment; and (iii) the county auditor's assessment of risk and materiality; or (b) as requested and engaged by the county legislative body or county executive, in accordance with the following: (i) the county legislative body or county executive shall establish the goals and nature of the performance audit; (ii) the county auditor shall conduct the audit in a manner consistent with the county auditor's professional judgment and statutory duties; and (iii) the county legislative body or county executive and the county auditor shall agree upon the prioritization and timing of the performance audit, with terms that are consistent with the county auditor's statutory duties and available resources. (2) (a) In a county of the second through sixth class, the county auditor shall conduct a performance audit under the direction and supervision of the county legislative body or county executive. (b) The county legislative body or county executive shall establish the goals and nature of a performance audit conducted under Subsection (2)(a). (3) A performance audit conducted under this section may include an assessment of the following: (a) the honesty and integrity of financial and other affairs; (b) the accuracy and reliability of financial and management reports; (c) the adequacy of financial controls to safeguard public funds; (d) the management and staff adherence to statute, ordinance, and policies; (e) the economy, efficiency, and effectiveness of operational performance; (f) the accomplishment of intended objectives; and (g) whether management, financial, and information systems are adequate and effective.
Utah Code § 17-69-304.1 — Utah Code / Title 17 / Chapter 17-69 / § 17-69-304.1
§ 17-69-304.1. Investigations -- Report of findings.
Status: in_force

(1) (a) A county auditor: (i) may conduct an investigation of an issue or action associated with or related to the county auditor's statutory duties, including investigating a book or account of a county office, officer, department, division, court, or entity; and (ii) may not conduct an investigation of an issue or action that is not associated with or related to the county auditor's statutory duties. (b) A county officer, employee, or other county administrative entity shall grant the county auditor complete and free access to a book the county auditor requests in accordance with Subsection (1)(a)(i). (c) A county auditor, with the assistance of the county attorney or district attorney, may: (i) administer an oath or affirmation; or (ii) issue an administrative subpoena for a witness or document necessary to the performance of the county auditor's statutory duties. (2) A county auditor, after a complete investigation, shall prepare a report of the county auditor's findings and submit the report to the county executive if the county auditor finds that: (a) a book or account of a county office, officer, department, division, court, or entity is not kept in accordance to law; or (b) a county office, officer, department, division, court, or entity has made an incorrect or improper financial report. (3) A county auditor, after a complete investigation, shall prepare a report of the county auditor's findings and submit a copy of the report to the state court administrator, the county executive, and the county legislative body if the county auditor finds that: (a) a justice court judge has not kept a book or account according to law; or (b) a justice court judge has made an incorrect or improper financial report.