Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 293 Second Substitute (2017GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses municipal jurisdiction over mountainous planning districts;
• modifies the number of board members of a planning commission that are required to have ties to a mountainous planning district;
• reduces the areas that a municipal legislative body may designate as a mountainous planning district;
• enacts and amends repeal dates for provisions relating to mountainous planning districts; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MOUNTAINOUS PLANNING DISTRICT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions relating to mountainous planning districts.
Highlighted Provisions:
This bill:
▸ addresses municipal jurisdiction over mountainous planning districts;
▸ modifies the number of board members of a planning commission that are required
to have ties to a mountainous planning district;
▸ reduces the areas that a municipal legislative body may designate as a mountainous
planning district;
▸ enacts and amends repeal dates for provisions relating to mountainous planning
districts; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-9a-304
, as last amended by Laws of Utah 2015, Chapter 465
17-27a-301
, as last amended by Laws of Utah 2016, Chapter 411
17-27a-901
, as last amended by Laws of Utah 2016, Chapter 411
63I-2-210
, as last amended by Laws of Utah 2016, Chapter 14
63I-2-217
, as last amended by Laws of Utah 2016, Chapters 348 and 411
Utah Code Sections Affected by Revisor Instructions:
63I-2-217
, as last amended by Laws of Utah 2016, Chapters 348 and 411
Utah Code Sections Affected by Coordination Clause:
63I-2-210
, as last amended by Laws of Utah 2016, Chapter 14
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-304
 is amended to read:
10-9a-304.
State and federal property -- Mountainous planning district.
(1)
 Unless otherwise provided by law, nothing contained in this chapter may be
construed as giving a municipality jurisdiction over property owned by the state or the United
States.
(2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
municipality, a municipal planning commission, or a municipal land use authority does not
have jurisdiction over property located within a mountainous planning district, as that term is
defined in Section 
17-27a-103
.
(b) Subsection (2)(a) does not apply to a municipality if:
(i) (A) the municipality is wholly located within the boundaries of a mountainous
planning district; and
(B) the municipality was incorporated before 1971;
(ii) the municipality exercises the municipality's extraterritorial jurisdiction under
Section 
10-8-15
; or
(iii) subject to Subsection (2)(c), a local health authority has granted the municipality
joint authority to regulate the municipality's watershed areas.
(c) The exception under Subsection (2)(b)(iii) applies only for matters related to
regulation of the watershed within a watershed area.
Section 2. Section 
17-27a-301
 is amended to read:
17-27a-301.
Ordinance establishing planning commission required -- Exception --
Ordinance requirements -- Planning advisory area planning commission --
Compensation.
(1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
establishing a countywide planning commission for the unincorporated areas of the county not
within a planning advisory area.
(b) Subsection (1)(a) does not apply if all of the county is included within any
combination of:
(i) municipalities;
(ii) planning advisory areas with their own planning commissions; and
(iii) mountainous planning districts.
(c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
(1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
the entire mountainous planning district, including areas of the mountainous planning district
that are also located within a municipality or are unincorporated.
(ii) A planning commission described in Subsection (1)(c)(i):
(A) does not have jurisdiction over a municipality described in Subsection
10-9a-304
(2)(b); and
(B) has jurisdiction subject to a local health department exercising its authority in
accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
the municipality's authority in accordance with Section 
10-8-15
.
(iii) The ordinance shall require that:
(A) members of the planning commission represent areas located in the unincorporated
and incorporated county;
(B) members of the planning commission be registered voters who reside either in the
unincorporated or incorporated county;
(C) at least one member of the planning commission resides within the mountainous
planning district 
and another member either resides or owns property within the mountainous
planning district
; and
(D) the county designate up to four seats on the planning commission, and fill each
vacancy in the designated seats in accordance with the procedure described in Subsection (7). 
(2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
(i) the number and terms of the members and, if the county chooses, alternate
members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office;
(iv) the authority of the planning commission;
(v) subject to Subsection (2)(b), the rules of order and procedure for use by the
planning commission in a public meeting; and
(vi) other details relating to the organization and procedures of the planning
commission.
(b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
Title 52, Chapter 4, Open and Public Meetings Act.
(3) (a) (i) If the county establishes a planning advisory area planning commission, the
county legislative body shall enact an ordinance that defines:
(A) appointment procedures;
(B) procedures for filling vacancies and removing members from office;
(C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
planning advisory area planning commission in a public meeting; and
(D) details relating to the organization and procedures of each planning advisory area
planning commission.
(ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
(b) The planning commission for each planning advisory area shall consist of seven
members who shall be appointed by:
(i) in a county operating under a form of government in which the executive and
legislative functions of the governing body are separated, the county executive with the advice
and consent of the county legislative body; or
(ii) in a county operating under a form of government in which the executive and
legislative functions of the governing body are not separated, the county legislative body.
(c) (i) Members shall serve four-year terms and until their successors are appointed and
qualified.
(ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
planning commissions shall be appointed so that, for each commission, the terms of at least one
member and no more than two members expire each year.
(d) (i) Each member of a planning advisory area planning commission shall be a
registered voter residing within the planning advisory area.
(ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
area.
(4) (a) A member of a planning commission who was elected to and served on a
planning commission on May 12, 2015, shall serve out the term to which the member was
elected.
(b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
seat shall be filled by appointment in accordance with this section.
(5) Upon the appointment of all members of a planning advisory area planning
commission, each planning advisory area planning commission under this section shall begin to
exercise the powers and perform the duties provided in Section 
17-27a-302
 with respect to all
matters then pending that previously had been under the jurisdiction of the countywide
planning commission or planning advisory area planning and zoning board.
(6) The legislative body may fix per diem compensation for the members of the
planning commission, based on necessary and reasonable expenses and on meetings actually
attended.
(7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
(b) If a county designates one or more planning commission seats under Subsection
(1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
(i) (A) are adjacent to the mountainous planning district; and
(B) border the entrance to a canyon that is located within the boundaries of the
mountainous planning district and accessed by a paved road maintained by the county or the
state; or
(ii) exercise extraterritorial jurisdiction in accordance with Section 
10-8-15
.
(c) When there is a vacancy in a planning commission seat described in Subsection
(1)(c)(iii)(D), the county shall send a written request to one of the cities described in
Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
(d) The city shall respond to a written request described in Subsection (7)(c) within 60
days after the day on which the city receives the written request.
(e) After the county receives the city's list of three individuals, the county shall submit
one of the individuals on the list for appointment to the vacant planning commission seat in
accordance with county ordinance.
(f) The county shall fill the vacancy in accordance with the county's standard procedure
if the city fails to timely respond to the written request. 
Section 3. Section 
17-27a-901
 is amended to read:
17-27a-901.
Mountainous planning district.
(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; [
and
]
(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) (i) A mountainous planning district may include within its boundaries a
municipality, whether in whole or in part.
(ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district
includes within its boundaries an unincorporated area, and that area subsequently incorporates
as a municipality:
(A) the area of the incorporated municipality that is located in the mountainous
planning district is included within the mountainous planning district boundaries; and
(B) property within the municipality that is also within the mountainous planning
district is subject to the authority of the mountainous planning district.
(iii) A subdivision and zoning ordinance that governs property located within a
mountainous planning district shall control over any subdivision or zoning ordinance, as
applicable, that a municipality may adopt.
(iv) A county shall allow an area within the boundaries of a mountainous planning
district to withdraw from the mountainous planning district if:
(A) the area contains less than 100 acres;
(B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4,
Annexation;
(C) the county determines that the area does not contain United States Forest Service
land or land that is designated as watershed; and
(D) the county determines that the area is not used by individuals for recreational
purposes. 
(v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous
planning district is not subject to the authority of the mountainous planning district.
(c) The population figure under Subsection (1)(a)(iii) shall be derived from a
population estimate by the Utah Population Estimates Committee.
(d) If any portion of a proposed mountainous planning district includes a municipality
with a land base of five square miles or less, the county shall ensure that all of that municipality
is wholly located within the boundaries of the mountainous planning district.
(2) (a) Notwithstanding Subsection 
10-9a-102
(2), 
17-34-1
(2)(a), or 
17-50-302
(1)(b), or
Section 
17-50-314
, a county may adopt a general plan and adopt a zoning or subdivision
ordinance for a property that is located within:
(i) a mountainous planning district; and
(ii) a municipality.
(b) A county plan or zoning or subdivision ordinance governs a property described in
Subsection (2)(a).
(3) A planning commission with jurisdiction over a mountainous planning district in a
county of the first class shall submit a report that summarizes actions the planning commission
has taken and any recommendations regarding the mountainous planning district to the
Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later
than November 30 of each year.
Section 4. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates -- Title 10.
[
(1) Subsection 
10-2a-106
(2), the language that states ", including a township
incorporation procedure as defined in Section 
10-2a-105
," is repealed July 1, 2016.
]
[
(2) Subsection 
10-2a-410
(3)(d)(ii) is repealed January 1, 2017.
]
[
(3) Section 
10-2a-105
 is repealed July 1, 2016.
]
[
(4)
] 
(1)
 Subsection 
10-9a-304
(2) is repealed June 1, [
] 
.
(2) When repealing Subsection 
10-9a-304
(2), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
Section 5. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) Subsection 
17-27a-102
(1)(b), the language that states "or a designated mountainous
planning district" is repealed June 1, [
] 
.
(2) (a) Subsection 
17-27a-103
(15)(b) is repealed June 1, [
] 
.
(b) Subsection 
17-27a-103
(34) is repealed June 1, [
] 
.
(3) Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous planning
district area" is repealed June 1, [
] 
.
(4) (a) Subsection 
17-27a-301
(1)(b)(iii) is repealed June 1, [
] 
.
(b) Subsection 
17-27a-301
(1)(c) is repealed June 1, [
] 
.
(c) Subsection 
17-27a-301
(2)(a), the language that states "described in Subsection
(1)(a) or (c)" is repealed June 1, [
] 
.
(5) Subsection 
17-27a-302
(1), the language that states ", or mountainous planning
district" and "or the mountainous planning district," is repealed June 1, [
] 
.
(6) Subsection 
17-27a-305
(1)(a), the language that states "a mountainous planning
district or" and ", as applicable" is repealed June 1, [
] 
.
(7) (a) Subsection 
17-27a-401
(1)(b)(ii) is repealed June 1, [
] 
.
(b) Subsection 
17-27a-401
(6) is repealed June 1, [
] 
.
(8) (a) Subsection 
17-27a-403
(1)(b)(ii) is repealed June 1, [
] 
.
(b) Subsection 
17-27a-403
(1)(c)(iii) is repealed June 1, [
] 
.
(c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
district" is repealed June 1, [
] 
.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, [
] 
.
(9) Subsection 
17-27a-502
(1)(d)(i)(B) is repealed June 1, [
] 
.
(10) Subsection 
17-27a-505.5
(2)(a)(iii) is repealed June 1, [
] 
.
(11) Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, [
]
.
(12) Subsection 
17-27a-604
(1)(b)(i)(B) is repealed June 1, [
] 
.
(13) Subsection 
17-27a-605
(1), the language that states "or mountainous planning
district land" is repealed June 1, [
] 
.
(14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
[
] 
.
(15) On June 1, [
] 
, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's [
perception
] 
understanding
 of the Legislature's
intent; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in [
Laws of Utah 2015, Chapter 465
] 
this bill
.
Section 6. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the language "this bill" in Subsection
63I-2-217
(15)(b) with the bill's designated chapter number in the Laws of Utah.
Section 7. 
 Coordinating H.B. 293 with H.B. 193 -- Superseding technical and
substantive amendments.
If this H.B. 293 and H.B. 193, Revisor's Technical Corrections to Utah Code, both pass
and become law, it is the intent of the Legislature that the amendments to Section 63I-2-210 in
this bill supersede the amendments to Section 63I-2-210 in H.B. 193, when the Office of
Legislative Research and General Counsel prepares the Utah Code database for publication.