reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 4 - General Plan › Section 404 - Public hearing by planning commission on proposed general plan or amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection by legislative body.

Effective 6/1/2022
10-9a-404.
Public hearing by planning commission on proposed general plan or amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection by legislative body.
(1)
(a) After completing the planning commission's recommendation for a proposed general plan, or proposal to amend the general plan, the planning commission shall schedule and hold a public hearing on the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by Section 10-9a-204.
(c) After the public hearing, the planning commission may modify the proposed general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to the legislative body.
(3)
(a) The legislative body may adopt, reject, or make any revisions to the proposed general plan or amendment that the legislative body considers appropriate.
(b) If the municipal legislative body rejects the proposed general plan or amendment, the legislative body may provide suggestions to the planning commission for the planning commission's review and recommendation.
(4) The legislative body shall adopt:
(a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection 10-9a-403(2)(a)(ii);
(c) for a specified municipality as defined in Section 10-9a-408, a moderate income housing element as provided in Subsection 10-9a-403(2)(a)(iii); and
(d) except for a city of the fifth class or a town, on or before December 31, 2025, a water use and preservation element as provided in Subsection 10-9a-403(2)(a)(iv).
Amended by Chapter 282, 2022 General Session
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 4 - General Plan › Section 405 - Effect of general plan.

10-9a-405.
Effect of general plan.
Except as provided in Section 10-9a-406, the general plan is an advisory guide for land use decisions, the impact of which shall be determined by ordinance.
Enacted by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 4 - General Plan › Section 406 - Public uses to conform to general plan.

10-9a-406.
Public uses to conform to general plan.
After the legislative body has adopted a general plan, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the current general plan.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 4 - General Plan › Section 407 - Effect of official maps.

10-9a-407.
Effect of official maps.
(1) Municipalities may adopt an official map.
(2)
(a) An official map does not:
(i) require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in Subsection (2)(b)(iii); or
(ii) require a municipality to immediately acquire property it has designated for eventual use as a public street.
(b) This section does not prohibit a municipality from:
(i) recommending that an applicant consider and accommodate the location of the proposed streets in the planning of a development proposal in a manner that is consistent with Section 10-9a-508;
(ii) acquiring the property through purchase, gift, voluntary dedication, or eminent domain; or
(iii) requiring the dedication and improvement of a street if the street is found necessary by the municipality because of a proposed development and if the dedication and improvement are consistent with Section 10-9a-508.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 501 - Enactment of land use regulation, land use decision, or development agreement.

Effective 5/3/2023
10-9a-501.
Enactment of land use regulation, land use decision, or development agreement.
(1) Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation.
(2)
(a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.
(b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.
(3) A legislative body shall ensure that a land use regulation is consistent with the purposes set forth in this chapter.
(4)
(a) A legislative body shall adopt a land use regulation to:
(i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
(ii) designate general uses allowed in each zoning district.
(b) A land use authority may establish or modify other restrictions or requirements other than those described in Subsection (4)(a), including the configuration or modification of uses or density, through a land use decision that applies criteria or policy elements that a land use regulation establishes or describes.
(5) A municipality may not adopt a land use regulation, development agreement, or land use decision that restricts the type of crop that may be grown in an area that is:
(a) zoned agricultural; or
(b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(6) A municipal land use regulation pertaining to an airport or an airport influence area, as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport Zoning Act.
Amended by Chapter 65, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 502 - Preparation and adoption of land use regulation.

Effective 5/14/2019
10-9a-502.
Preparation and adoption of land use regulation.
(1) A planning commission shall:
(a) provide notice as required by Subsection 10-9a-205(1)(a) and, if applicable, Subsection 10-9a-205(4);
(b) hold a public hearing on a proposed land use regulation;
(c) if applicable, consider each written objection filed in accordance with Subsection 10-9a-205(4) prior to the public hearing; and
(d)
(i) review and recommend to the legislative body a proposed land use regulation that represents the planning commission's recommendation for regulating the use and development of land within all or any part of the area of the municipality; and
(ii) forward to the legislative body all objections filed in accordance with Subsection 10-9a-205(4).
(2)
(a) A legislative body shall consider each proposed land use regulation that the planning commission recommends to the legislative body.
(b) After providing notice as required by Subsection 10-9a-205(1)(b) and holding a public meeting, the legislative body may adopt or reject the land use regulation described in Subsection (2)(a):
(i) as proposed by the planning commission; or
(ii) after making any revision the legislative body considers appropriate.
(c) A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 504 - Temporary land use regulations.

Effective 5/3/2023
10-9a-504.
Temporary land use regulations.
(1)
(a) Except as provided in Subsection (2)(b), a municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unregulated.
(b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
(c) A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development.
(2)
(a) The municipal legislative body shall establish a period of limited effect for the ordinance not to exceed 180 days.
(b) A municipal legislative body may not apply the provisions of a temporary land use regulation to the review of a specific land use application if the land use application is impaired or prohibited by proceedings initiated under Subsection 10-9a-509(1)(a)(ii)(B).
(3)
(a) A municipal legislative body may, without prior planning commission consideration or recommendation, enact an ordinance establishing a temporary land use regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor.
(b) A regulation under Subsection (3)(a):
(i) may not exceed 180 days in duration;
(ii) may be renewed, if requested by the Transportation Commission created under Section 72-1-301, for up to two additional 180-day periods by ordinance enacted before the expiration of the previous regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the Environmental Impact Statement or Major Investment Study is in progress.
Amended by Chapter 478, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 505 - Zoning districts.

Effective 5/12/2015
10-9a-505.
Zoning districts.
(1)
(a) The legislative body may divide the territory over which it has jurisdiction into zoning districts of a number, shape, and area that it considers appropriate to carry out the purposes of this chapter.
(b) Within those zoning districts, the legislative body may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and the use of land.
(c) A municipality may enact an ordinance regulating land use and development in a flood plain or potential geologic hazard area to:
(i) protect life; and
(ii) prevent:
(A) the substantial loss of real property; or
(B) substantial damage to real property.
(2) The legislative body shall ensure that the regulations are uniform for each class or kind of buildings throughout each zoning district, but the regulations in one zone may differ from those in other zones.
(3)
(a) There is no minimum area or diversity of ownership requirement for a zone designation.
(b) Neither the size of a zoning district nor the number of landowners within the district may be used as evidence of the illegality of a zoning district or of the invalidity of a municipal decision.
(4) A municipality may by ordinance exempt from specific zoning district standards a subdivision of land to accommodate the siting of a public utility infrastructure.
Amended by Chapter 327, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 505.5 - Limit on single family designation.

Effective 5/5/2021
10-9a-505.5.
Limit on single family designation.
(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 municipality may not adopt a single-family limit that is less than:
(a) three, if the municipality has within its boundary:
(i) a state university; or
(ii) a private university with a student population of at least 20,000; or
(b) four, for each other municipality.
Amended by Chapter 102, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 506 - Regulating annexed territory.

10-9a-506.
Regulating annexed territory.
(1) The legislative body of each municipality shall assign a land use zone or a variety thereof to territory annexed to the municipality at the time the territory is annexed.
(2) If the legislative body fails to assign a land use zone at the time the territory is annexed, all land uses within the annexed territory shall be compatible with surrounding uses within the municipality.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 507 - Conditional uses.

Effective 5/5/2021
10-9a-507.
Conditional uses.
(1)
(a) A municipality may adopt a land use ordinance that includes conditional uses and provisions for conditional uses that require compliance with objective standards set forth in an applicable ordinance.
(b) A municipality may not impose a requirement or standard on a conditional use that conflicts with a provision of this chapter or other state or federal law.
(2)
(a)
(i) A land use authority shall approve a conditional use if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
(ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effects.
(b) If a land use authority proposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
(c) If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the land use authority may deny the conditional use.
(3) A land use authority's decision to approve or deny conditional use is an administrative land use decision.
(4) A legislative body shall classify any use that a land use regulation allows in a zoning district as either a permitted or conditional use under this chapter.
Amended by Chapter 385, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 509.7 - Transferable development rights.

10-9a-509.7.
Transferable development rights.
(1) A municipality may adopt an ordinance:
(a) designating sending zones and receiving zones within the municipality; and
(b) allowing the transfer of a transferable development right from a sending zone to a receiving zone.
(2) A municipality may not allow the use of a transferable development right unless the municipality adopts an ordinance described in Subsection (1).
Amended by Chapter 231, 2012 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 512 - Termination of a billboard and associated rights.

Effective 5/8/2018
10-9a-512.
Termination of a billboard and associated rights.
(1) A municipality may only require termination of a billboard and associated rights through:
(a) gift;
(b) purchase;
(c) agreement;
(d) exchange; or
(e) eminent domain.
(2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent of the billboard owner.
(3) A termination under Subsection (1)(e) requires the municipality to:
(a) acquire the billboard and associated rights through eminent domain, in accordance with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections 10-9a-513(2)(f) and (h); and
(b) after acquiring the rights under Subsection (3)(a), terminate the billboard and associated rights.
Amended by Chapter 239, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 514 - Manufactured homes.

10-9a-514.
Manufactured homes.
(1) For purposes of this section, a manufactured home is the same as defined in Section 15A-1-302, except that the manufactured home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the applicable building code. All appendages, including carports, garages, storage buildings, additions, or alterations shall be built in compliance with the applicable building code.
(2) A manufactured home may not be excluded from any land use zone or area in which a single-family residence would be permitted, provided the manufactured home complies with all local land use ordinances, building codes, and any restrictive covenants, applicable to a single family residence within that zone or area.
(3) A municipality may not:
(a) adopt or enforce an ordinance or regulation that treats a proposed development that includes manufactured homes differently than one that does not include manufactured homes; or
(b) reject a development plan based on the fact that the development is expected to contain manufactured homes.
Amended by Chapter 14, 2011 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 515 - Regulation of amateur radio antennas.

10-9a-515.
Regulation of amateur radio antennas.
(1) A municipality may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97.
(2) If a municipality adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall:
(a) reasonably accommodate amateur radio communications; and
(b) represent the minimal practicable regulation to accomplish the municipality's purpose.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 516 - Regulation of residential facilities for persons with disabilities.

10-9a-516.
Regulation of residential facilities for persons with disabilities.
A municipality may only regulate a residential facility for persons with a disability to the extent allowed by:
(1)Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;
(2) the Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., and applicable jurisprudence; and
(3) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.
Repealed and Re-enacted by Chapter 309, 2013 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 520 - Licensing of residences for persons with a disability.

Effective 5/3/2023
10-9a-520.
Licensing of residences for persons with a disability.
The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Health and Human Services as provided in:
(1)Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
(2)Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 521 - Wetlands.

Effective 5/4/2022
10-9a-521.
Wetlands.
(1) A municipality 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.
Amended by Chapter 216, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 522 - Refineries.

10-9a-522.
Refineries.
(1) As used in this section, "develop" or "development" means:
(a) the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary;
(b) the subdivision of land for a non-industrial use; or
(c) the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
(2) Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery.
(3) Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery.
(4) A legislative body described in Subsection (2), or a land use authority described in Subsection (3), may not request from the refinery:
(a) proprietary information;
(b) information, if made public, that would create a security or safety risk to the refinery or the public;
(c) information that is restricted from public disclosure under federal or state law; or
(d) information that is available in public record.
(5)
(a) This section does not grant authority to a legislative body described in Subsection (2), or a land use authority described in Subsection (3), to require a refinery to undertake or cease an action.
(b) This section does not create a cause of action against a refinery.
(c) Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.
Enacted by Chapter 306, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 523 - Property boundary adjustment.

Effective 5/5/2021
10-9a-523.
Property boundary adjustment.
(1) To make a parcel boundary adjustment, a property owner shall:
(a) execute a boundary adjustment through:
(i) a quitclaim deed; or
(ii) a boundary line agreement under Section 10-9a-524; and
(b) record the quitclaim deed or boundary line agreement described in Subsection (1)(a) in the office of the county recorder of the county in which each property is located.
(2) To make a lot line adjustment, a property owner shall:
(a) obtain approval of the boundary adjustment under Section 10-9a-608;
(b) execute a boundary adjustment through:
(i) a quitclaim deed; or
(ii) a boundary line agreement under Section 10-9a-524; and
(c) record the quitclaim deed or boundary line agreement described in Subsection (2)(b) in the office of the county recorder of the county in which each property is located.
(3) A parcel boundary adjustment under Subsection (1) is not subject to review of a land use authority unless:
(a) the parcel includes a dwelling; and
(b) the land use authority's approval is required under Subsection 10-9a-524(5).
(4) The recording of a boundary line agreement or other document used to adjust a mutual boundary line that is not subject to review of a land use authority:
(a) does not constitute a land use approval; and
(b) does not affect the validity of the boundary line agreement or other document used to adjust a mutual boundary line.
(5) A municipality may withhold approval of a land use application for property that is subject to a recorded boundary line agreement or other document used to adjust a mutual boundary line if the municipality determines that the lots or parcels, as adjusted by the boundary line agreement or other document used to adjust the mutual boundary line, are not in compliance with the municipality's land use regulations in effect on the day on which the boundary line agreement or other document used to adjust the mutual boundary line is recorded.
Amended by Chapter 385, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 525 - High tunnels -- Exemption from municipal regulation.

Effective 5/12/2015
10-9a-525.
High tunnels -- Exemption from municipal regulation.
(1) As used in this section, "high tunnel" means a structure that:
(a) is not a permanent structure;
(b) is used for the 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 municipal building code does not apply to a high tunnel.
(3) No building permit shall be required for the construction of a high tunnel.
Enacted by Chapter 129, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 527 - Historic preservation authority.

Effective 5/9/2017
10-9a-527.
Historic preservation authority.
(1)
(a) A legislative body may designate a historic preservation authority.
(b) A legislative body may not designate the legislative body or the municipality's governing body as a historic preservation authority.
(2) In making administrative decisions on land use applications, a historic preservation authority shall apply the plain language of the land use regulations to a land use application.
(3) If a land use regulation does not plainly restrict a land use application, the historic preservation authority shall interpret and apply the land use regulation to favor the land use application.
Enacted by Chapter 17, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 528 - Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee.

Effective 7/1/2023
10-9a-528.
Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee.
(1) As used in this section:
(a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102.
(b) "Industrial hemp producer licensee" means the same as the term "licensee" is defined in Section 4-41-102.
(c) "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201.
(2)
(a)
(i) A municipality 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 municipality 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 municipality 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-110.
(b) A municipality shall take the action described in Subsection (3)(a):
(i) before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and
(ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).
Amended by Chapter 273, 2023 General Session
Amended by Chapter 327, 2023 General Session, (Coordination Clause)
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 529 - Specified public utility located in a municipal utility easement.

Effective 2/27/2023
10-9a-529.
Specified public utility located in a municipal utility easement.
A specified public utility may exercise each power of a public utility under Section 54-3-27 if the specified public utility uses an easement:
(1) with the consent of a municipality; and
(2) that is located within a municipal utility easement described in Subsections 10-9a-103(40)(a) through (e).
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 531 - Utility service connections.

Effective 2/25/2021
10-9a-531.
Utility service connections.
(1) A municipality may not enact an ordinance, a resolution, or a policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an energy utility service provided by a public utility as that term is defined in Section 54-2-1.
(2) Subsection (1) does not apply to:
(a) an incentive offered by a municipality; or
(b) a building owned by a municipality.
Enacted by Chapter 15, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in HB82, Chapter 102, and HB409, Chapter 385.
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 532 - Development agreements.

Effective 5/3/2023
10-9a-532.
Development agreements.
(1) Subject to Subsection (2), a municipality may enter into a development agreement containing any term that the municipality considers necessary or appropriate to accomplish the purposes of this chapter.
(2)
(a) A development agreement may not:
(i) limit a municipality's authority in the future to:
(A) enact a land use regulation; or
(B) take any action allowed under Section 10-8-84;
(ii) require a municipality to change the zoning designation of an area of land within the municipality in the future; or
(iii) allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 10-9a-502, including a review and recommendation from the planning commission and a public hearing.
(b) A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 10-9a-502.
(c)
(i) If a development agreement restricts an applicant's rights under clearly established state law, the municipality shall disclose in writing to the applicant the rights of the applicant the development agreement restricts.
(ii) A municipality's failure to disclose in accordance with Subsection (2)(c)(i) voids any provision in the development agreement pertaining to the undisclosed rights.
(d) A municipality may not require a development agreement as a condition for developing land if the municipality's land use regulations establish all applicable standards for development on the land.
(e) To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by:
(i) this chapter; and
(ii) any applicable land use regulations.
Amended by Chapter 478, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 533 - Infrastructure improvements involving roadways.

Effective 5/5/2021
10-9a-533.
Infrastructure improvements involving roadways.
(1) As used in this section:
(a) "Low impact development" means the same as that term is defined in Section 19-5-108.5.
(b)
(i) "Pavement" means the bituminous or concrete surface of a roadway.
(ii) "Pavement" does not include a curb or gutter.
(c) "Residential street" means a public or private roadway that:
(i) currently serves or is projected to serve an area designated primarily for single-family residential use;
(ii) requires at least two off-site parking spaces for each single-family residential property abutting the roadway; and
(iii) has or is projected to have, on average, traffic of no more than 1,000 trips per day, based on findings contained in:
(A) a traffic impact study;
(B) the municipality's general plan under Section 10-9a-401;
(C) an adopted phasing plan; or
(D) a written plan or report on current or projected traffic usage.
(2)
(a) Except as provided in Subsection (2)(b), a municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential street at a width in excess of 32 feet if the municipality requires low impact development for the area in which the residential street is located.
(b) Subsection (2)(a) does not apply if a municipality requires the installation of pavement:
(i) in a vehicle turnaround area; or
(ii) to address specific traffic flow constraints at an intersection or other area.
(3)
(a) A municipality shall, by ordinance, establish any standards that the municipality requires, as part of an infrastructure improvement, for fire department vehicle access and turnaround on roadways.
(b) The municipality shall ensure that the standards established under Subsection (3)(a) are consistent with the State Fire Code as defined in Section 15A-1-102.
Enacted by Chapter 385, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 534 - Regulation of building design elements prohibited -- Exceptions.

Effective 7/1/2023
10-9a-534.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means:
(a) exterior color;
(b) type or style of exterior cladding material;
(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d) exterior nonstructural architectural ornamentation;
(e) location, design, placement, or architectural styling of a window or door;
(f) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door;
(g) number or type of rooms;
(h) interior layout of a room;
(i) minimum square footage over 1,000 square feet, not including a garage;
(j) rear yard landscaping requirements;
(k) minimum building dimensions; or
(l) a requirement to install front yard fencing.
(2) Except as provided in Subsection (3), a municipality 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; or
(h) a land use regulation, including a planned unit development or overlay zone, that a property owner requests:
(i) the municipality 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.
Amended by Chapter 160, 2023 General Session
Amended by Chapter 478, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 535 - Moderate income housing.

Effective 5/4/2022
10-9a-535.
Moderate income housing.
(1) A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:
(a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; or
(b) the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development.
(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application.
(3) Notwithstanding Subsections (1) and (2), a municipality that imposes a resort community sales and use tax as described in Section 59-12-401, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.
Enacted by Chapter 355, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 536 - Water wise landscaping.

Effective 3/14/2023
10-9a-536.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.
(d)
(i) "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
(iii) use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation; or
(B) reduce the landscape area dedicated to lawn or turf.
(2) A municipality may not enact or enforce an ordinance, resolution, or policy that prohibits, or has the effect of prohibiting, a property owner from incorporating water wise landscaping on the property owner's property.
(3)
(a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality from requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise landscaping;
(ii) maintain plant material in a healthy condition; and
(iii) follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to municipal operations;
(B) imposes minimum or maximum vegetative coverage standards; or
(C) restricts or prohibits the use of specific plant materials.
(b) A municipality may not require a property owner to install or keep in place lawn or turf in an area with a width less than eight feet.
(4) A municipality shall report to the Division of Water Resources the existence, enactment, or modification of an ordinance, resolution, or policy that implements regional-based water use efficiency standards established by the Division of Water Resources by rule under Section 73-10-37.
Amended by Chapter 139, 2023 General Session
Amended by Chapter 247, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 537 - Land use compatibility with military use.

Effective 5/3/2023
10-9a-537.
Land use compatibility with military use.
(1) As used in this section:
(a) "Department" means the Department of Veterans and Military Affairs.
(b) "Military" means a branch of the armed forces of the United States, including the Utah National Guard.
(c) "Military land" means the following land or facilities:
(i) Camp Williams;
(ii) Hill Air Force Base;
(iii) Dugway Proving Ground;
(iv) Tooele Army Depot;
(v) Utah Test and Training Range;
(vi) Nephi Readiness Center;
(vii) Cedar City Alternate Flight Facility; or
(viii) Little Mountain Test Facility.
(2)
(a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area in a municipality within 5,000 feet of a boundary of military land, a municipality shall, in consultation with the department, develop and maintain a compatible use plan to ensure permitted uses and conditional uses relevant to the military land are compatible with the military operations on military land.
(b) A municipality that has a compatible use plan as of January 1, 2023, is not required to develop a new compatible use plan.
(3) If a municipality receives a land use application, other than an individual building permit, related to land within 5,000 feet of a boundary of military land, before the municipality may approve the land use application, the municipality shall notify the department in writing.
(4) If the department receives the notice described in Subsection (3), the executive director of the department shall:
(a) determine whether the proposed land use is compatible with the military use of the relevant military land; and
(b) within 90 days after the receipt of the notice described in Subsection (3), respond in writing to the municipality regarding the determination of compatibility described in Subsection (4)(a).
(5) If the department receives the notice described in Subsection (3) before the municipality has completed the compatible use plan as described in this section, the department shall consult with the municipality and representatives of the relevant military land to determine whether the use proposed in the land use application is a compatible use.
Enacted by Chapter 154, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 601 - Enactment of subdivision ordinance.

Effective 5/4/2022
10-9a-601.
Enactment of subdivision ordinance.
(1) The legislative body of a municipality may enact ordinances requiring that a subdivision plat comply with the provisions of the municipality's ordinances and this part before:
(a) the subdivision plat may be filed and recorded in the county recorder's office; and
(b) lots may be sold.
(2) If the legislative body fails to enact a subdivision ordinance, the municipality may regulate subdivisions only to the extent provided in this part.
(3) The joining of a lot or lots to a parcel does not constitute a subdivision as to the parcel or subject the parcel to the municipality's subdivision ordinance.
(4) A legislative body may adopt a land use regulation that specifies that combining lots does not require a subdivision plat amendment.
Amended by Chapter 355, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 602 - Planning commission preparation and recommendation of subdivision ordinance -- Adoption or rejection by legislative body.

Effective 5/14/2019
10-9a-602.
Planning commission preparation and recommendation of subdivision ordinance -- Adoption or rejection by legislative body.
(1) A planning commission shall:
(a) review and provide a recommendation to the legislative body on any proposed ordinance that regulates the subdivision of land in the municipality;
(b) review and make a recommendation to the legislative body on any proposed ordinance that amends the regulation of the subdivision of the land in the municipality;
(c) provide notice consistent with Section 10-9a-205; and
(d) hold a public hearing on the proposed ordinance before making the planning commission's final recommendation to the legislative body.
(2)
(a) A legislative body may adopt, modify, revise, or reject an ordinance described in Subsection (1) that the planning commission recommends.
(b) A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 604 - Subdivision plat approval procedure -- Effect of not complying.

Effective 5/5/2021
10-9a-604.
Subdivision plat approval procedure -- Effect of not complying.
(1) A person may not submit a subdivision plat to the county recorder's office for recording unless:
(a) the person has complied with the requirements of Subsection 10-9a-603(6)(a);
(b) the plat has been approved by:
(i) the land use authority of the municipality in which the land described in the plat is located; and
(ii) other officers that the municipality designates in its ordinance;
(c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the designated officers; and
(d) if the person submitting the plat intends the plat to be or if the plat is part of a community association subject to Title 57, Chapter 8a, Community Association Act, the plat includes language conveying to the association, as that term is defined in Section 57-8a-102, all common areas, as that term is defined in Section 57-8a-102.
(2) A subdivision plat recorded without the signatures required under this section is void.
(3) A transfer of land pursuant to a void plat is voidable by the land use authority.
Amended by Chapter 47, 2021 General Session