Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 161 (2016GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a county legislative body may enact an ordinance allowing division of a parcel of land with an existing family dwelling, under certain circumstances, without complying with plat requirements; and
• provides for the enforcement of plat requirements if a parcel created under this bill is used for nonagricultural purposes.

Every vote on this bill

Bill text

AGRICULTURE PARCEL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike K. McKell
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill amends provisions relating to certain agricultural parcels.
Highlighted Provisions:
This bill:
▸ provides that a county legislative body may enact an ordinance allowing division of
a parcel of land with an existing family dwelling, under certain circumstances,
without complying with plat requirements; and
▸ provides for the enforcement of plat requirements if a parcel created under this bill
is used for nonagricultural purposes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-27a-605
, as last amended by Laws of Utah 2015, Chapter 465
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-27a-605
 is amended to read:
17-27a-605.
Exemptions from plat requirement.
(1) Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, the land use authority may
approve the subdivision of unincorporated land or mountainous planning district land into 10
lots or less without a plat, by certifying in writing that:
(a) the county has provided notice as required by ordinance; and
(b) the proposed subdivision:
(i) is not traversed by the mapped lines of a proposed street as shown in the general
plan and does not require the dedication of any land for street or other public purposes;
(ii) has been approved by the culinary water authority and the sanitary sewer authority;
(iii) is located in a zoned area; and
(iv) conforms to all applicable land use ordinances or has properly received a variance
from the requirements of an otherwise conflicting and applicable land use ordinance.
(2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
land is exempt from the plat requirements of Section 
17-27a-603
 if:
(i) the lot or parcel:
(A) qualifies as land in agricultural use under Section 
59-2-502
; and
(B) is not used and will not be used for any nonagricultural purpose; and
(ii) the new owner of record completes, signs, and records with the county recorder a
notice:
(A) describing the parcel by legal description; and
(B) stating that the lot or parcel is created for agricultural purposes as defined in
Section 
59-2-502
 and will remain so until a future zoning change permits other uses.
(b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
purpose, the county shall require the lot or parcel to comply with the requirements of Section
17-27a-603
 and all applicable land use ordinance requirements.
(3) (a) Except as provided in Subsection (4), a document recorded in the county
recorder's office that divides property by a metes and bounds description does not create an
approved subdivision allowed by this part unless the land use authority's certificate of written
approval required by Subsection (1) is attached to the document.
(b) The absence of the certificate or written approval required by Subsection (1) does
not:
(i) prohibit the county recorder from recording a document; or
(ii) affect the validity of a recorded document.
(c) A document which does not meet the requirements of Subsection (1) may be
corrected by the recording of an affidavit to which the required certificate or written approval is
attached in accordance with Section 
57-3-106
.
(4) (a) As used in this Subsection (4):
(i) "Divided land" means land that:
(A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
(B) has been divided by a minor subdivision.
(ii) "Land to be divided" means land that is proposed to be divided by a minor
subdivision.
(iii) "Minor subdivision" means a division of at least 100 contiguous acres of
agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
after the division, is separate from the remainder of the original 100 or more contiguous acres
of agricultural land.
(iv) "Minor subdivision lot" means a lot created by a minor subdivision.
(b) Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, an owner of at least 100
contiguous acres of agricultural land may make a minor subdivision by submitting for
recording in the office of the recorder of the county in which the land to be divided is located:
(i) a recordable deed containing the legal description of the minor subdivision lot; and
(ii) a notice:
(A) indicating that the owner of the land to be divided is making a minor subdivision;
(B) referring specifically to this section as the authority for making the minor
subdivision; and
(C) containing the legal description of:
(I) the land to be divided; and
(II) the minor subdivision lot.
(c) A minor subdivision lot:
(i) may not be less than one acre in size;
(ii) may not be within 1,000 feet of another minor subdivision lot; and
(iii) is not subject to the subdivision ordinance of the county in which the minor
subdivision lot is located.
(d) Land to be divided by a minor subdivision may not include divided land.
(e) A county:
(i) may not deny a building permit to an owner of a minor subdivision lot based on:
(A) the lot's status as a minor subdivision lot; or
(B) the absence of standards described in Subsection (4)(e)(ii); and
(ii) may, in connection with the issuance of a building permit, subject a minor
subdivision lot to reasonable health, safety, and access standards that the county has established
and made public.
(5) (a) Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, and subject to
Subsection (1), the legislative body of a county may enact an ordinance allowing the
subdivision of a parcel, without complying with the plat requirements of Section 
17-27a-603
,
if:
(i) the parcel contains an existing legal single family dwelling unit;
(ii) the subdivision results in two parcels, one of which is agricultural land;
(iii) the parcel of agricultural land:
(A) qualifies as land in agricultural use under Section 
59-2-502
; and
(B) is not used, and will not be used, for a nonagricultural purpose;
(iv) both the parcel with an existing legal single family dwelling unit and the parcel of
agricultural land meet the minimum area, width, frontage, and setback requirements of the
applicable zoning designation in the applicable land use ordinance; and
(v) the owner of record completes, signs, and records with the county recorder a notice:
(A) describing the parcel of agricultural land by legal description; and
(B) stating that the parcel of agricultural land is created as land in agricultural use, as
defined in Section 
59-2-502
, and will remain as land in agricultural use until a future zoning
change permits another use.
(b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a)
is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no
longer applies, and the county shall require the owner of the parcel to:
(i) retroactively comply with the subdivision plat requirements of Section 
17-27a-603
;
and
(ii) comply with all applicable land use ordinance requirements.