Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 303 Third Substitute (2022GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies provisions related to when a person may challenge an annexation in district court;
• modifies notice requirements after a municipality receives a request for disconnection;
• provides specific notice requirements related to a municipality's or a county's proposed modification to the text of the municipality's or the county's zoning code;
• modifies notice requirements related to an amendment to public improvements in a subdivision or development;
• removes a prohibition on imposing a land use regulation under certain circumstances;
• modifies the authority of a municipality or a county to require the development of moderate income housing as a condition of approval of a land use regulation;
• modifies evidence requirements related to a noncomplying structure or a nonconforming use;
• authorizes a municipality or a county to determine if combining lots constitutes a subdivision amendment;
• modifies the requirements for preparation of a subdivided plat by a surveyor;
• modifies provisions related to determining when a land use decision is illegal;
• creates a process to establish an agreed boundary between landowners when a boundary is disputed or uncertain; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill revises provisions related to municipal and county land use development and
management. 
Highlighted Provisions:
This bill:
▸ modifies provisions related to when a person may challenge an annexation in
district court;
▸ modifies notice requirements after a municipality receives a request for
disconnection;
▸ provides specific notice requirements related to a municipality's or a county's
proposed modification to the text of the municipality's or the county's zoning code;
▸ modifies notice requirements related to an amendment to public improvements in a
subdivision or development;
▸ removes a prohibition on imposing a land use regulation under certain
circumstances;
▸ modifies the authority of a municipality or a county to require the development of
moderate income housing as a condition of approval of a land use regulation;
▸ modifies evidence requirements related to a noncomplying structure or a
nonconforming use;
▸ authorizes a municipality or a county to determine if combining lots constitutes a
subdivision amendment;
▸ modifies the requirements for preparation of a subdivided plat by a surveyor;
▸ modifies provisions related to determining when a land use decision is illegal;
▸ creates a process to establish an agreed boundary between landowners when a
boundary is disputed or uncertain; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-407
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-501
, as last amended by Laws of Utah 2021, Chapters 84 and 345
10-9a-103
, as last amended by Laws of Utah 2021, Chapters 140 and 385
10-9a-205
, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
10-9a-212
, as enacted by Laws of Utah 2012, Chapter 216
10-9a-509
, as last amended by Laws of Utah 2021, Chapters 140 and 385
10-9a-511
, as last amended by Laws of Utah 2018, Chapter 239
10-9a-601
, as last amended by Laws of Utah 2021, Chapter 385
10-9a-603
, as last amended by Laws of Utah 2021, Chapters 47, 162, and 345
10-9a-608
, as last amended by Laws of Utah 2021, Chapter 385
10-9a-801
, as last amended by Laws of Utah 2021, Chapter 385
17-27a-205
, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
17-27a-212
, as enacted by Laws of Utah 2012, Chapter 216
17-27a-508
, as last amended by Laws of Utah 2021, Chapters 140 and 385
17-27a-510
, as last amended by Laws of Utah 2018, Chapter 239
17-27a-601
, as last amended by Laws of Utah 2021, Chapter 385
17-27a-603
, as last amended by Laws of Utah 2021, Chapters 47, 162, and 345
17-27a-608
, as last amended by Laws of Utah 2021, Chapter 385
17-27a-801
, as last amended by Laws of Utah 2021, Chapter 385
57-1-45
, as last amended by Laws of Utah 2021, Chapter 385
ENACTS:
10-9A-535
, Utah Code Annotated 1953
17-27a-531
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-407
 is amended to read:
10-2-407.
Protest to annexation petition -- Planning advisory area planning
commission recommendation -- Petition requirements -- Disposition of petition if no
protest filed.
(1) A protest to an annexation petition under Section 
10-2-403
 may 
only
 be filed by:
(a) the legislative body or governing board of an affected entity;
(b) an owner of rural real property;
(c) for a proposed annexation of an area within a county of the first class, an owner of
private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation; or
(d) an owner of private real property located in a mining protection area.
(2) Each protest under Subsection (1) shall:
(a) be filed:
(i) no later than 30 days after the municipal legislative body's receipt of the notice of
certification under Subsection 
10-2-405
(2)(c)(i); and
(ii) (A) in a county that has already created a commission under Section 
10-2-409
, with
the commission; or
(B) in a county that has not yet created a commission under Section 
10-2-409
, with the
clerk of the county in which the area proposed for annexation is located;
(b) state each reason for the protest of the annexation petition and, if the area proposed
to be annexed is located in a specified county, justification for the protest under the standards
established in this chapter;
(c) if the area proposed to be annexed is located in a specified county, contain other
information that the commission by rule requires or that the party filing the protest considers
pertinent; and
(d) contain the name and address of a contact person who is to receive notices sent by
the commission with respect to the protest proceedings.
(3) The party filing a protest under this section shall on the same date deliver or mail a
copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
(4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
(a) immediately notify the county legislative body of the protest; and
(b) deliver the protest to the boundary commission within five days after:
(i) receipt of the protest, if the boundary commission has previously been created; or
(ii) creation of the boundary commission under Subsection 
10-2-409
(1)(b), if the
boundary commission has not previously been created.
(5) (a) If a protest is filed under this section:
(i) the municipal legislative body may, at its next regular meeting after expiration of
the deadline under Subsection (2)(a)(i), deny the annexation petition; or
(ii) if the municipal legislative body does not deny the annexation petition under
Subsection (5)(a)(i), the municipal legislative body may take no further action on the
annexation petition until after receipt of the commission's notice of its decision on the protest
under Section 
10-2-416
.
(b) If a municipal legislative body denies an annexation petition under Subsection
(5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
the denial in writing to:
(i) the contact sponsor of the annexation petition;
(ii) the commission; and
(iii) each entity that filed a protest.
(6) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (7), approve the petition.
(7) Before approving an annexation petition under Subsection (6), the municipal
legislative body shall hold a public hearing and provide notice of the public hearing:
(a) (i) at least seven days before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population within the municipality and the area
proposed for annexation, in places within that combined area that are most likely to give notice
to the residents within, and the owners of real property located within, the combined area,
subject to a maximum of 10 notices; or
(ii) at least 10 days before the day of the public hearing, by mailing the notice to each
residence within, and to each owner of real property located within, the combined area
described in Subsection (7)(a)(i);
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days before the day of the public hearing; and
(c) if the municipality has a website, by posting notice on the municipality's website for
seven days before the day of the public hearing.
(8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
Subsection (1) has standing to challenge an annexation in district court.
(b) A person or entity described in Subsection (1) may only bring an action in district
court to challenge an annexation if the person or entity has timely filed a protest as described in
Subsection (2) and exhausted the administrative remedies described in this section.
Section 2. Section 
10-2-501
 is amended to read:
10-2-501.
Municipal disconnection -- Definitions -- Request for disconnection --
Requirements upon filing request.
(1) As used in this part "petitioner" means:
(a) one or more persons who:
(i) own title to real property within the area proposed for disconnection; and
(ii) sign a request for disconnection proposing to disconnect the area proposed for
disconnection from the municipality; or
(b) the mayor of the municipality within which the area proposed for disconnection is
located who signs a request for disconnection proposing to disconnect the area proposed for
disconnection from the municipality.
(2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
municipality shall file with that municipality's legislative body a request for disconnection.
(b) Each request for disconnection shall:
(i) contain the names, addresses, and signatures of the owners of more than 50% of any
private real property in the area proposed for disconnection;
(ii) give the reasons for the proposed disconnection;
(iii) include a map or plat of the territory proposed for disconnection; and
(iv) designate between one and five persons with authority to act on the petitioner's
behalf in the proceedings.
(3) Upon filing the request for disconnection, the petitioner shall publish notice of the
request:
(a) (i) once a week for three consecutive weeks before the public hearing described in
Section 
10-2-502.5
 in a newspaper of general circulation within the municipality; 
or
(ii) if there is no newspaper of general circulation in the municipality, at least three
weeks before the day of the public hearing described in Section 
10-2-502.5
, by posting one
notice, and at least one additional notice per 2,000 population of the municipality, in places
within the municipality that are most likely to give notice to the residents within, and the
owners of real property located within, the municipality, including the residents who live in the
area proposed for disconnection; [
or
]
[
(iii) at least three weeks before the day of the public hearing described in Section
10-2-502.5
, by mailing notice to each residence within, and each owner of real property located
within, the municipality;
]
(b) on the Utah Public Notice Website created in Section 
63A-16-601
, for three weeks
before the day of the public hearing described in Section 
10-2-502.5
;
(c) in accordance with 
the legal notice requirements described in
 Section 
45-1-101
, for
three weeks before the day of the public hearing described in Section 
10-2-502.5
;
(d) by mailing notice to each
:
(i)
 owner of real property located within the area proposed to be disconnected; 
and
(ii) residence within the area proposed to be disconnected;
(e) by delivering a copy of the request to the legislative body of the county in which the
area proposed for disconnection is located; and
(f) if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
Section 3. Section 
10-9a-103
 is amended to read:
10-9a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
public utility, property owner, property owners association, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
(5); and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
uses, may not be compatible in some areas or may be compatible only if certain conditions are
required that mitigate or eliminate the detrimental impacts.
(9) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(10) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(11) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(12) (a) "Development agreement" means a written agreement or amendment to a
written agreement between a municipality and one or more parties that regulates or controls the
use or development of a specific area of land.
(b) "Development agreement" does not include an improvement completion assurance.
(13) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(14) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (14)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (14)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
(ii) a therapeutic school.
(15) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(16) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(17) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(18) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(19) "Historic preservation authority" means a person, board, commission, or other
body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and
(b) administer local historic preservation land use regulations within a local historic
district or area. 
(20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(21) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the municipality; and
(iv) does not require any additional engineering or analysis.
(22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(23) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(24) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(25) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the municipality has not otherwise required the applicant to mitigate the suspect soil.
(26) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human occupation; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) whether the improvement is public or private, as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(27) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(28) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(29) "Land use application":
(a) means an application that is:
(i) required by a municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(30) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(31) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit; 
or
(b) a land use application[
; or
]
.
[
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
]
(32) "Land use permit" means a permit issued by a land use authority.
(33) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(34) "Legislative body" means the municipal council.
(35) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(36) "Local historic district or area" means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of a
legislative body; and
(b) is subject to land use regulations to preserve the historic significance of the local
historic district or area. 
(37) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or between a lot and adjoining parcels in accordance with Section 
10-9a-608
:
(i) whether or not the lots are located in the same subdivision; and
(ii) with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
(39) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(40) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the city is located.
(41) "Municipal utility easement" means an easement that:
(a) is created or depicted on a plat recorded in a county recorder's office and is
described as a municipal utility easement granted for public use;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the municipality or the municipality's affiliated governmental entity uses and
occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
water, or communications or data lines;
(d) is used or occupied with the consent of the municipality in accordance with an
authorized franchise or other agreement;
(e) (i) is used or occupied by a specified public utility in accordance with an authorized
franchise or other agreement; and
(ii) is located in a utility easement granted for public use; or
(f) is described in Section 
10-9a-529
 and is used by a specified public utility.
(42) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(43) "Noncomplying structure" means a structure that:
(a) legally existed before the structure's current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations, which
govern the use of land.
(44) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(45) "Official map" means a map drawn by municipal authorities and recorded in a
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the municipality's general plan.
(46) "Parcel" means any real property that is not a lot.
(47) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
10-9a-524
, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
the Department of Transportation.
(48) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(49) "Plan for moderate income housing" means a written document adopted by a
municipality's legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
municipality;
(b) an estimate of the need for moderate income housing in the municipality for the
next five years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the municipality's program to encourage an adequate supply of
moderate income housing.
(50) "Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes and
prepares in accordance with Section 
10-9a-603
 or 
57-8-13
.
(51) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(52) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(53) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(54) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(55) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(56) "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(57) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(58) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(59) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(60) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(61) "Sending zone" means an area of a municipality that the municipality designates,
by ordinance, as an area from which an owner of land may transfer a transferable development
right.
(62) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(63) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(64) "State" includes any department, division, or agency of the state.
(65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
the division includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (65)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) a boundary line agreement recorded with the county recorder's office between
owners of adjoining parcels adjusting the mutual boundary in accordance with Section
10-9a-524
 if no new parcel is created;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal descriptions of multiple parcels into one legal description
encompassing all such parcels; or
(B) joining a lot to a parcel;
(iv) a boundary line agreement between owners of adjoining subdivided properties
adjusting the mutual lot line boundary in accordance with Sections 
10-9a-524
 and 
10-9a-608
 if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(v) a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A) is in anticipation of future land use approvals on the parcel or parcels;
(B) does not confer any land use approvals; and
(C) has not been approved by the land use authority;
(vi) a parcel boundary adjustment;
(vii) a lot line adjustment;
(viii) a road, street, or highway dedication plat;
(ix) a deed or easement for a road, street, or highway purpose; or
(x) any other division of land authorized by law.
(66) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
10-9a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(67) "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
(68) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(69) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(70) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(71) "Unincorporated" means the area outside of the incorporated area of a city or
town.
(72) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(73) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 4. Section 
10-9a-205
 is amended to read:
10-9a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or any modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website; and
(c) (i) posted on the Utah Public Notice Website created in Section 
63A-16-601
, at
least 10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by municipal
ordinance.
(3) In addition to the notice requirements described in Subsections (1) and (2), for any
proposed modification to the text of a zoning code, the notice posted in accordance with
Subsection (2) shall:
(a) include a summary of the effect of the proposed modifications to the text of the
zoning code designed to be understood by a lay person; and
(b) be provided to any person upon written request.
[
(3)
] 
(4)
 Each notice of a public meeting under Subsection (1)(b) shall be posted at
least 24 hours before the meeting:
(a) in at least three public locations within the municipality; or
(b) on the municipality's official website.
[
(4)
] 
(5)
 (a) A municipality shall send a courtesy notice to each owner of private real
property whose property is located entirely or partially within a proposed zoning map
enactment or amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the municipality
will be provided to the municipal legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
10-9a-502
.
(c) If a municipality mails notice to a property owner in accordance with Subsection
(2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
Subsection [
(4)
] 
(5)
 may be included in or part of the notice described in Subsection (2)(c)(ii)
rather than sent separately.
Section 5. Section 
10-9a-212
 is amended to read:
10-9a-212.
Notice for an amendment to public improvements in a subdivision or
development.
[
Prior to
] 
Before
 implementing an amendment to adopted specifications for public
improvements that apply to 
a
 subdivision or 
a
 development, a municipality shall [
give 30 days
mailed notice and an opportunity to comment to anyone who has requested the notice in
writing.
]
:
(1) hold a public hearing;
(2) mail a notice 30 days or more before the date of the public hearing to:
(a) each person who has submitted a land use application for which the land use
authority has not issued a land use decision; and
(b) each person who makes a written request to receive a copy of the notice; and
(3) allow each person who receives a notice in accordance with Subsection (2) to
provide public comment in writing before the public hearing or in person during the public
hearing.
Section 6. Section 
10-9a-509
 is amended to read:
10-9a-509.
Applicant's entitlement to land use application approval --
Municipality's requirements and limitations -- Vesting upon submission of development
plan and schedule.
(1) (a) (i) An applicant who has submitted a complete land use application as described
in Subsection (1)(c), 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 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
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 municipality formally initiates proceedings to amend the municipality's land
use regulations in a manner that would prohibit approval of the application as submitted.
(b) The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in Subsection
(1)(a)(ii)(B) if:
(i) 180 days have passed since the municipality initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(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) A subsequent incorporation of a municipality or a petition that proposes the
incorporation of a municipality does not affect a land use application approved by a county in
accordance with Section 
17-27a-508
.
(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) A municipality may not impose on an applicant who has submitted a complete
application a requirement that is not expressed in:
(i) this chapter;
(ii) a municipal ordinance; or
(iii) a municipal 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 municipality 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; or
(vi) in a municipal ordinance.
(h) Except as provided in Subsection (1)(i), a municipality 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 land use permit or
subdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(i) A municipality 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 municipality 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
landscaping or infrastructure improvements in accordance with an applicable ordinance that the
legislative body adopts under this chapter.
(2) A municipality is bound by the terms and standards of applicable land use
regulations and shall comply with mandatory provisions of those regulations.
(3) A municipality 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.
[
(4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day
on which a subdivision plat is recorded, a municipality may not impose on a building permit
applicant for a single-family dwelling located within the subdivision any land use regulation
that is enacted within 10 years after the day on which the subdivision plat is recorded.
]
[
(b) Subsection (4)(a) does not apply to any changes in the requirements of the
applicable building code, health code, or fire code, or other similar regulations.
]
[
(5)
] 
(4)
 Upon a specified public agency's submission of a development plan and
schedule as required in Subsection 
10-9a-305
(8) that complies with the requirements of that
subsection, the specified public agency vests in the municipality'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)
] 
(5)
 (a) If sponsors of a referendum timely challenge a project in accordance with
Subsection 
20A-7-601
(5), 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)
] 
(5)
(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.
Section 7. Section 
10-9a-511
 is amended to read:
10-9a-511.
Nonconforming uses and noncomplying structures.
(1) (a) Except as provided in this section, a nonconforming use or 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 municipality 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 municipality 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 municipality's zoning ordinance, a
municipality may permit a billboard owner to relocate the billboard within the municipality's
boundaries to a location that is mutually acceptable to the municipality and the billboard
owner.
(ii) If the municipality 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
10-9a-513
(2).
(4) (a) Unless the municipality 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 municipality 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)(b) has not occurred.
(5) A municipality 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.
Section 8. Section 
10-9a-535
 is enacted to read:
 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.
Section 9. Section 
10-9a-601
 is amended to read:
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.
Section 10. Section 
10-9a-603
 is amended to read:
10-9a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) As used in this section:
(a) (i) "Facility owner" means the same as that term is defined in Section 
73-1-15.5
.
(ii) "Facility owner" includes a canal owner or associated canal operator contact
described in:
(A) Section 
10-9a-211
;
(B) Subsection 
73-5-7
(3); or
(C) Subsection (6)(c).
(b) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(c) "State engineer's inventory of canals" means the state engineer's inventory of water
conveyance systems established in Section 
73-5-7
.
(d) "Underground facility" means the same as that term is defined in Section 
54-8a-2
.
(e) "Water conveyance facility" means the same as that term is defined in Section
73-1-15.5
.
(2) Unless exempt under Section 
10-9a-605
 or excluded from the definition of
subdivision under Section 
10-9a-103
, whenever any land is laid out and platted, the owner of
the land shall provide to the municipality in which the land is located an accurate plat that
describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale;
(d) every existing right-of-way and recorded easement located within the plat for:
(i) an underground facility;
(ii) a water conveyance facility; or
(iii) any other utility facility; and
(e) any water conveyance facility located, entirely or partially, within the plat that:
(i) is not recorded; and
(ii) of which the owner of the land has actual or constructive knowledge, including
from information made available to the owner of the land:
(A) in the state engineer's inventory of canals; or
(B) from a surveyor under Subsection (6)(c).
(3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the municipality's
ordinances and this part and has been approved by the culinary water authority, the sanitary
sewer authority, and the local health department, if the local health department and the
municipality consider the local health department's approval necessary, the municipality shall
approve the plat.
(b) Municipalities are encouraged to receive a recommendation from the fire authority
and the public safety answering point before approving a plat.
(c) A municipality may not require that a plat be approved or signed by a person or
entity who:
(i) is not an employee or agent of the municipality; or
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision.
(d) A municipality shall:
(i) within 20 days after the day on which an owner of land submits to the municipality
a complete subdivision plat land use application, mail written notice of the proposed
subdivision to the facility owner of any water conveyance facility located, entirely or partially,
within 100 feet of the subdivision plat, as determined using information made available to the
municipality:
(A) from the facility owner under Section 
10-9a-211
, using mapping-grade global
positioning satellite units or digitized data from the most recent aerial photo available to the
facility owner;
(B) in the state engineer's inventory of canals; or
(C) from a surveyor under Subsection (6)(c); and
(ii) not approve the subdivision plat for at least 20 days after the day on which the
municipality mails to each facility owner the notice described in Subsection (3)(d)(i), in order
to receive any comments from each facility owner regarding:
(A) access to the water conveyance facility;
(B) maintenance of the water conveyance facility;
(C) protection of the water conveyance facility;
(D) safety of the water conveyance facility; or
(E) any other issue related to water conveyance facility operations.
(e) When applicable, the owner of the land seeking subdivision plat approval shall
comply with Section 
73-1-15.5
.
(f) A facility owner's failure to provide comments to a municipality in accordance with
Subsection (3)(d)(ii) does not affect or impair the municipality's authority to approve the
subdivision plat.
(4) The municipality may withhold an otherwise valid plat approval until the owner of
the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(5) (a) Within 30 days after approving a final plat under this section, a municipality
shall submit to the Utah Geospatial Resource Center, created in Section 
63A-16-505
, for
inclusion in the unified statewide 911 emergency service database described in Subsection
63H-7a-304
(4)(b):
(i) an electronic copy of the approved final plat; or
(ii) preliminary geospatial data that depict any new streets and situs addresses proposed
for construction within the bounds of the approved plat.
(b) If requested by the Utah Geospatial Resource Center, a municipality that approves a
final plat under this section shall:
(i) coordinate with the Utah Geospatial Resource Center to validate the information
described in Subsection (5)(a); and
(ii) assist the Utah Geospatial Resource Center in creating electronic files that contain
the information described in Subsection (5)(a) for inclusion in the unified statewide 911
emergency service database.
(6) (a) A county recorder may not record a plat unless:
(i) prior to recordation, the municipality has approved and signed the plat;
(ii) each owner of record of land described on the plat has signed the owner's
dedication as shown on the plat; and
(iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as
provided by law.
(b) [
The surveyor making
] 
A surveyor who prepares
 the plat shall certify that the
surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) 
(A)
 has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; [
and
] 
or
(B) has referenced a record of survey map of the existing property boundaries shown
on the plat and verified the locations of the boundaries; and
(iii) has placed monuments as represented on the plat.
(c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
representative designated by the owner or operator, of an existing water conveyance facility
located within the proposed subdivision, or an existing or proposed underground facility or
utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's
depiction of the:
(A) boundary, course, dimensions, and intended use of the public rights-of-way, a
public or private easement, or grants of record;
(B) location of the existing water conveyance facility, or the existing or proposed
underground facility or utility facility; and
(C) physical restrictions governing the location of the existing or proposed
underground facility or utility facility.
(ii) The cooperation of an owner or operator of a water conveyance facility,
underground facility, or utility facility under Subsection (6)(c)(i):
(A) indicates only that the plat approximates the location of the existing facilities but
does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
applicable to prescriptive rights, or any other provision of law.
(7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged,
certified, and approved, the owner of the land seeking to record the plat shall, within the time
period and manner designated by ordinance, record the plat in the county recorder's office in
the county in which the lands platted and laid out are situated.
(b) A failure to record a plat within the time period designated by ordinance renders the
plat voidable by the municipality.
(8) A municipality acting as a land use authority shall approve a condominium plat that
complies with the requirements of Section 
57-8-13
 unless the condominium plat violates a land
use regulation of the municipality.
Section 11. Section 
10-9a-608
 is amended to read:
10-9a-608.
Subdivision amendments.
(1) (a) A fee owner of land, as shown on the last county assessment roll, in a
subdivision that has been laid out and platted as provided in this part may file a written petition
with the land use authority to request a subdivision amendment.
(b) Upon filing a written petition to request a subdivision amendment under Subsection
(1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
accordance with Section 
10-9a-603
 that:
(i) depicts only the portion of the subdivision that is proposed to be amended;
(ii) includes a plat name distinguishing the amended plat from the original plat;
(iii) describes the differences between the amended plat and the original plat; and
(iv) includes references to the original plat.
(c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
notice of the petition by mail, email, or other effective means to each affected entity that
provides a service to an owner of record of the portion of the plat that is being vacated or
amended at least 10 calendar days before the land use authority may approve the petition for a
subdivision amendment.
(d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
public hearing within 45 days after the day on which the petition is filed if:
(i) any owner within the plat notifies the municipality of the owner's objection in
writing within 10 days of mailed notification; or
(ii) a public hearing is required because all of the owners in the subdivision have not
signed the revised plat.
(e) A land use authority may not approve a petition for a subdivision amendment under
this section unless the amendment identifies and preserves any easements owned by a culinary
water authority and sanitary sewer authority for existing facilities located within the
subdivision.
(2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
authority may consider at a public meeting an owner's petition for a subdivision amendment if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
fee owners of each of the adjoining properties join in the petition, regardless of whether the
properties are located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjoining property owners in accordance with any
applicable local ordinance.
(3) A petition under Subsection (1)(a) that contains a request to amend a public street or
municipal utility easement is also subject to Section 
10-9a-609.5
.
(4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
(5) (a) The owners of record of adjoining properties where one or more of the
properties is a lot may exchange title to portions of those parcels if the exchange of title is
approved by the land use authority in accordance with Subsection (5)(b).
(b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
the exchange of title will not result in a violation of any land use ordinance.
(c) If an exchange of title is approved under Subsection (5)(b):
(i) a notice of approval shall be recorded in the office of the county recorder which:
(A) is executed by each owner included in the exchange and by the land use authority;
(B) contains an acknowledgment for each party executing the notice in accordance with
the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
(C) recites the legal descriptions of both the original properties and the properties
resulting from the exchange of title; and
(ii) a document of conveyance shall be recorded in the office of the county recorder
with an amended plat.
(d) A notice of approval recorded under this Subsection (5) does not act as a
conveyance of title to real property and is not required in order to record a document conveying
title to real property.
(6) (a) The name of a recorded subdivision may be changed by recording an amended
plat making that change, as provided in this section and subject to Subsection (6)(c).
(b) The surveyor preparing the amended plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) 
(A)
 has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; [
and
] 
or
(B) has referenced a record of survey map of the existing property boundaries shown
on the plat and verified the locations of the boundaries; and
(iii) has placed monuments as represented on the plat.
(c) An owner of land may not submit for recording an amended plat that gives the
subdivision described in the amended plat the same name as a subdivision in a plat already
recorded in the county recorder's office.
(d) Except as provided in Subsection (6)(a), the recording of a declaration or other
document that purports to change the name of a recorded plat is void.
Section 12. Section 
10-9a-801
 is amended to read:
10-9a-801.
No district court review until administrative remedies exhausted --
Time for filing -- Tolling of time -- Standards governing court review -- Record on review
-- Staying of decision.
(1) No person may challenge in district court a land use decision until that person has
exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
Variances, if applicable.
(2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may
file a petition for review of a land use decision with the district court within 30 days after the
decision is final.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
property owner files a request for arbitration of a constitutional taking issue with the property
rights ombudsman under Section 
13-43-204
 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the property rights ombudsman issues a written statement under Subsection
13-43-204
(3)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
taking issue that is the subject of the request for arbitration filed with the property rights
ombudsman by a property owner.
(iii) A request for arbitration filed with the property rights ombudsman after the time
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) (a) A court shall:
(i) presume that a land use regulation properly enacted under the authority of this
chapter is valid; and
(ii) determine only whether:
(A) the land use regulation is expressly preempted by, or was enacted contrary to, state
or federal law; and
(B) it is reasonably debatable that the land use regulation is consistent with this
chapter.
(b) A court shall[
: (i)
] presume that a final land use decision of a land use authority or
an appeal authority is valid[
; and (ii) uphold the land use decision
] unless the land use decision
is:
[
(A)
] 
(i)
 arbitrary and capricious; or
[
(B)
] 
(ii)
 illegal.
(c) (i) A land use decision is arbitrary and capricious if the land use decision is not
supported by substantial evidence in the record.
(ii) A land use decision is illegal if the land use decision [
is
]:
(A) 
is
 based on an incorrect interpretation of a land use regulation; [
or
]
(B) conflicts with the authority granted by this title; or
[
(B)
] 
(C) is
 contrary to law.
(d) (i) A court may affirm or reverse a land use decision.
(ii) If the court reverses a land use decision, the court shall remand the matter to the
land use authority with instructions to issue a land use decision consistent with the court's
ruling.
(4) The provisions of Subsection (2)(a) apply from the date on which the municipality
takes final action on a land use application, if the municipality conformed with the notice
provisions of Part 2, Notice, or for any person who had actual notice of the pending land use
decision.
(5) If the municipality has complied with Section 
10-9a-205
, a challenge to the
enactment of a land use regulation or general plan may not be filed with the district court more
than 30 days after the enactment.
(6) A challenge to a land use decision is barred unless the challenge is filed within 30
days after the land use decision is final.
(7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
the reviewing court the record of the proceedings of the land use authority or appeal authority,
including the minutes, findings, orders, and, if available, a true and correct transcript of the
proceedings.
(b) If the proceeding was recorded, a transcript of that recording is a true and correct
transcript for purposes of this Subsection (7).
(8) (a) (i) If there is a record, the district court's review is limited to the record provided
by the land use authority or appeal authority, as the case may be.
(ii) The court may not accept or consider any evidence outside the record of the land
use authority or appeal authority, as the case may be, unless that evidence was offered to the
land use authority or appeal authority, respectively, and the court determines that the evidence
was improperly excluded.
(b) If there is no record, the court may call witnesses and take evidence.
(9) (a) The filing of a petition does not stay the land use decision of the land use
authority or appeal authority, as the case may be.
(b) (i) Before filing a petition under this section or a request for mediation or
arbitration of a constitutional taking issue under Section 
13-43-204
, a land use applicant may
petition the appeal authority to stay the appeal authority's land use decision.
(ii) Upon receipt of a petition to stay, the appeal authority may order the appeal
authority's land use decision stayed pending district court review if the appeal authority finds
the order to be in the best interest of the municipality.
(iii) After a petition is filed under this section or a request for mediation or arbitration
of a constitutional taking issue is filed under Section 
13-43-204
, the petitioner may seek an
injunction staying the appeal authority's land use decision.
(10) If the court determines that a party initiated or pursued a challenge to a land use
decision on a land use application in bad faith, the court may award attorney fees.
Section 13. Section 
17-27a-205
 is amended to read:
17-27a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each county shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website; and
(c) (i) posted on the Utah Public Notice Website created in Section 
63A-16-601
, at
least 10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by county ordinance.
(3) In addition to the notice requirements described in Subsections (1) and (2), for any
proposed modification to the text of a zoning code, the notice posted in accordance with
Subsection (2) shall:
(a) include a summary of the effect of the proposed modifications to the text of the
zoning code designed to be understood by a lay person; and
(b) be provided to any person upon written request.
[
(3)
] 
(4)
 Each notice of a public meeting under Subsection (1)(b) shall be at least 24
hours before the hearing and shall be posted:
(a) in at least three public locations within the county; or
(b) on the county's official website.
[
(4)
] 
(5)
 (a) A county shall send a courtesy notice to each owner of private real
property whose property is located entirely or partially within the proposed zoning map
enactment or amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the county will be
provided to the county legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
17-27a-502
.
(c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
for a public hearing on a zoning map or map amendment, the notice required in this Subsection
[
(4)
] 
(5)
 may be included in or part of the notice described in Subsection (2)(c)(ii) rather than
sent separately.
Section 14. Section 
17-27a-212
 is amended to read:
17-27a-212.
Notice for an amendment to public improvements in a subdivision or
development.
[
Prior to
] 
Before
 implementing an amendment to adopted specifications for public
improvements that apply to a subdivision or 
a
 development, a county shall [
give 30 days
mailed notice and an opportunity to comment to anyone who has requested the notice in
writing.
]
:
(1) hold a public hearing;
(2) mail a notice 30 days or more before the date of the public hearing to:
(a) each person who has submitted a land use application for which the land use
authority has not issued a land use decision; and
(b) each person who makes a written request to receive a copy of the notice; and
(3) allow each person who receives a notice in accordance with Subsection (2) to
provide public comment in writing before the public hearing or in person during the public
hearing.
Section 15. Section 
17-27a-508
 is amended to read:
17-27a-508.
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.
(1) (a) (i) 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) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(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) 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.
(e) A county may not impose on an applicant who has submitted a complete
application a requirement that is not expressed:
(i) in this chapter;
(ii) in a county ordinance; or
(iii) in 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.
(f) 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; or
(vi) in a county ordinance.
(g) Except as provided in Subsection (1)(h), 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.
(h) 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
landscaping or infrastructure improvements in accordance with an applicable ordinance that the
legislative body adopts under this chapter.
(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) 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.
[
(4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day
on which a subdivision plat is recorded, a county may not impose on a building permit
applicant for a single-family dwelling located within the subdivision any land use regulation
that is enacted within 10 years after the day on which the subdivision plat is recorded.
]
[
(b) Subsection (4)(a) does not apply to any changes in the requirements of the
applicable building code, health code, or fire code, or other similar regulations.
]
[
(5)
] 
(4)
 Upon a specified public agency's submission of a development plan and
schedule as required in Subsection 
17-27a-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)
] 
(5)
 (a) If sponsors of a referendum timely challenge a project in accordance with
Subsection 
20A-7-601
(5), 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)
]
(5)
(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.
Section 16. Section 
17-27a-510
 is amended to read:
17-27a-510.
Nonconforming uses and noncomplying structures.
(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
17-27a-512
(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.
Section 17. Section 
17-27a-531
 is enacted to read:
 17-27a-531.
Moderate income housing.
(1) A county may only require the development of a certain number of moderate
income housing units as a condition of approval of a land use application if:
(a) the county and the applicant enter into a written agreement regarding the number of
moderate income housing units; or
(b) the county 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 county may not take into consideration the
applicant's decision in the county's determination of whether to approve or deny a land use
application.
(3) Notwithstanding Subsections (1) and (2), a county of the third class, which has a
ski resort located within the unincorporated area of the county, may require the development of
a certain number of moderate income housing units as a condition of approval of a land use
application if the requirement is in accordance with an ordinance enacted by the county before
January 1, 2022.
Section 18. Section 
17-27a-601
 is amended to read:
17-27a-601.
Enactment of subdivision ordinance.
(1) The legislative body of a county may enact ordinances requiring that a subdivision
plat comply with the provisions of the county'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 county may
regulate subdivisions only as 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 county'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.
Section 19. Section 
17-27a-603
 is amended to read:
17-27a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and verification of plat -- Recording plat.
(1) As used in this section:
(a) (i) "Facility owner" means the same as that term is defined in Section 
73-1-15.5
.
(ii) "Facility owner" includes a canal owner or associated canal operator contact
described in:
(A) Section 
17-27a-211
;
(B) Subsection 
73-5-7
(3); or
(C) Subsection (6)(c).
(b) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(c) "State engineer's inventory of canals" means the state engineer's inventory of water
conveyance systems established in Section 
73-5-7
.
(d) "Underground facility" means the same as that term is defined in Section 
54-8a-2
.
(e) "Water conveyance facility" means the same as that term is defined in Section
73-1-15.5
.
(2) Unless exempt under Section 
17-27a-605
 or excluded from the definition of
subdivision under Section 
17-27a-103
, whenever any land is laid out and platted, the owner of
the land shall provide to the county in which the land is located an accurate plat that describes
or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale;
(d) every existing right-of-way and recorded easement located within the plat for:
(i) an underground facility;
(ii) a water conveyance facility; or
(iii) any other utility facility; and
(e) any water conveyance facility located, entirely or partially, within the plat that:
(i) is not recorded; and
(ii) of which the owner of the land has actual or constructive knowledge, including
from information made available to the owner of the land:
(A) in the state engineer's inventory of canals; or
(B) from a surveyor under Subsection (6)(c).
(3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the county's
ordinances and this part and has been approved by the culinary water authority, the sanitary
sewer authority, and the local health department, if the local health department and the county
consider the local health department's approval necessary, the county shall approve the plat.
(b) Counties are encouraged to receive a recommendation from the fire authority and
the public safety answering point before approving a plat.
(c) A county may not require that a plat be approved or signed by a person or entity
who:
(i) is not an employee or agent of the county; or
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision.
(d) A county shall:
(i) within 20 days after the day on which an owner of land submits to the county a
complete subdivision plat land use application, mail written notice of the proposed subdivision
to the facility owner of any water conveyance facility located, entirely or partially, within 100
feet of the subdivision plat, as determined using information made available to the county:
(A) from the facility owner under Section 
10-9a-211
, using mapping-grade global
positioning satellite units or digitized data from the most recent aerial photo available to the
facility owner;
(B) in the state engineer's inventory of canals; or
(C) from a surveyor under Subsection (6)(c); and
(ii) not approve the subdivision plat for at least 20 days after the day on which the
county mails to each facility owner the notice under Subsection (3)(d)(i) in order to receive any
comments from each facility owner regarding:
(A) access to the water conveyance facility;
(B) maintenance of the water conveyance facility;
(C) protection of the water conveyance facility integrity;
(D) safety of the water conveyance facility; or
(E) any other issue related to water conveyance facility operations.
(e) When applicable, the owner of the land seeking subdivision plat approval shall
comply with Section 
73-1-15.5
.
(f) A facility owner's failure to provide comments to a county in accordance with
Subsection (3)(d)(ii) does not affect or impair the county's authority to approve the subdivision
plat.
(4) The county may withhold an otherwise valid plat approval until the owner of the
land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(5) (a) Within 30 days after approving a final plat under this section, a county shall
submit to the Utah Geospatial Resource Center, created in Section 
63A-16-505
, for inclusion in
the unified statewide 911 emergency service database described in Subsection
63H-7a-304
(4)(b):
(i) an electronic copy of the approved final plat; or
(ii) preliminary geospatial data that depict any new streets and situs addresses proposed
for construction within the bounds of the approved plat.
(b) If requested by the Utah Geospatial Resource Center, a county that approves a final
plat under this section shall:
(i) coordinate with the Utah Geospatial Resource Center to validate the information
described in Subsection (5)(a); and
(ii) assist the Utah Geospatial Resource Center in creating electronic files that contain
the information described in Subsection (5)(a) for inclusion in the unified statewide 911
emergency service database.
(6) (a) A county recorder may not record a plat unless, subject to Subsection
17-27a-604
(1):
(i) prior to recordation, the county has approved and signed the plat;
(ii) each owner of record of land described on the plat has signed the owner's
dedication as shown on the plat; and
(iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as
provided by law.
(b) [
The surveyor making
] 
A surveyor who prepares
 the plat shall certify that the
surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) 
(A)
 has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; [
and
] 
or
(B) has referenced a record of survey map of the existing property boundaries shown
on the plat and verified the locations of the boundaries; and
(iii) has placed monuments as represented on the plat.
(c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
representative designated by the owner or operator, of an existing water conveyance facility
located within the proposed subdivision, or an existing or proposed underground facility or
utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's
depiction of the:
(A) boundary, course, dimensions, and intended use of the public rights-of-way, a
public or private easement, or grants of record;
(B) location of the existing water conveyance facility, or the existing or proposed
underground facility or utility facility; and
(C) physical restrictions governing the location of the existing or proposed
underground facility or utility facility.
(ii) The cooperation of an owner or operator of a water conveyance facility,
underground facility, or utility facility under Subsection (6)(c)(i):
(A) indicates only that the plat approximates the location of the existing facilities but
does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
applicable to prescriptive rights, or any other provision of law.
(7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged,
certified, and approved, the owner of the land seeking to record the plat shall, within the time
period and manner designated by ordinance, record the plat in the county recorder's office in
the county in which the lands platted and laid out are situated.
(b) A failure to record a plat within the time period designated by ordinance renders the
plat voidable by the county.
(8) A county acting as a land use authority shall approve a condominium plat that
complies with the requirements of Section 
57-8-13
 unless the condominium plat violates a land
use regulation of the county.
Section 20. Section 
17-27a-608
 is amended to read:
17-27a-608.
Subdivision amendments.
(1) (a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that
has been laid out and platted as provided in this part may file a written petition with the land
use authority to request a subdivision amendment.
(b) Upon filing a written petition to request a subdivision amendment under Subsection
(1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
accordance with Section 
17-27a-603
 that:
(i) depicts only the portion of the subdivision that is proposed to be amended;
(ii) includes a plat name distinguishing the amended plat from the original plat;
(iii) describes the differences between the amended plat and the original plat; and
(iv) includes references to the original plat.
(c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
notice of the petition by mail, email, or other effective means to each affected entity that
provides a service to an owner of record of the portion of the plat that is being amended at least
10 calendar days before the land use authority may approve the petition for a subdivision
amendment.
(d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
public hearing within 45 days after the day on which the petition is filed if:
(i) any owner within the plat notifies the county of the owner's objection in writing
within 10 days of mailed notification; or
(ii) a public hearing is required because all of the owners in the subdivision have not
signed the revised plat.
(e) A land use authority may not approve a petition for a subdivision amendment under
this section unless the amendment identifies and preserves any easements owned by a culinary
water authority and sanitary sewer authority for existing facilities located within the
subdivision.
(2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
authority may consider at a public meeting an owner's petition for a subdivision amendment if:
(a) the petition seeks to:
(i) join two or more of the petitioning fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
fee owners of each of the adjoining properties join the petition, regardless of whether the
properties are located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjoining property owners in accordance with any
applicable local ordinance.
(3) A petition under Subsection (1)(a) that contains a request to amend a public street or
county utility easement is also subject to Section 
17-27a-609.5
.
(4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in:
(i) the entire plat; or
(ii) that portion of the plan described in the petition; and
(b) the signature of each owner who consents to the petition.
(5) (a) The owners of record of adjoining properties where one or more of the
properties is a lot may exchange title to portions of those properties if the exchange of title is
approved by the land use authority in accordance with Subsection (5)(b).
(b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
the exchange of title will not result in a violation of any land use ordinance.
(c) If an exchange of title is approved under Subsection (5)(b):
(i) a notice of approval shall be recorded in the office of the county recorder which:
(A) is executed by each owner included in the exchange and by the land use authority;
(B) contains an acknowledgment for each party executing the notice in accordance with
the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
(C) recites the legal descriptions of both the properties and the properties resulting
from the exchange of title; and
(ii) a document of conveyance of title reflecting the approved change shall be recorded
in the office of the county recorder with an amended plat.
(d) A notice of approval recorded under this Subsection (5) does not act as a
conveyance of title to real property and is not required to record a document conveying title to
real property.
(6) (a) The name of a recorded subdivision may be changed by recording an amended
plat making that change, as provided in this section and subject to Subsection (6)(c).
(b) The surveyor preparing the amended plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) 
(A)
 has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; [
and
] 
or
(B) has referenced a record of survey map of the existing property boundaries shown
on the plat and verified the locations of the boundaries; and
(iii) has placed monuments as represented on the plat.
(c) An owner of land may not submit for recording an amended plat that gives the
subdivision described in the amended plat the same name as a subdivision recorded in the
county recorder's office.
(d) Except as provided in Subsection (6)(a), the recording of a declaration or other
document that purports to change the name of a recorded plat is void.
Section 21. Section 
17-27a-801
 is amended to read:
17-27a-801.
No district court review until administrative remedies exhausted --
Time for filing -- Tolling of time -- Standards governing court review -- Record on review
-- Staying of decision.
(1) No person may challenge in district court a land use decision until that person has
exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
Variances, if applicable.
(2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may
file a petition for review of a land use decision with the district court within 30 days after the
decision is final.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
property owner files a request for arbitration of a constitutional taking issue with the property
rights ombudsman under Section 
13-43-204
 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the property rights ombudsman issues a written statement under Subsection
13-43-204
(3)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
taking issue that is the subject of the request for arbitration filed with the property rights
ombudsman by a property owner.
(iii) A request for arbitration filed with the property rights ombudsman after the time
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) (a) A court shall:
(i) presume that a land use regulation properly enacted under the authority of this
chapter is valid; and
(ii) determine only whether:
(A) the land use regulation is expressly preempted by, or was enacted contrary to, state
or federal law; and
(B) it is reasonably debatable that the land use regulation is consistent with this
chapter.
(b) A court shall[
: (i)
] presume that a final land use decision of a land use authority or
an appeal authority is valid[
; and (ii) uphold the land use decision
] unless the land use decision
is:
[
(A)
] 
(i)
 arbitrary and capricious; or
[
(B)
] 
(ii)
 illegal.
(c) (i) A land use decision is arbitrary and capricious if the land use decision is not
supported by substantial evidence in the record.
(ii) A land use decision is illegal if the land use decision [
is
]:
(A) 
is
 based on an incorrect interpretation of a land use regulation; [
or
]
(B) conflicts with the authority granted by this title; or
[
(B)
] 
(C) is
 contrary to law.
(d) (i) A court may affirm or reverse a land use decision.
(ii) If the court reverses a land use decision, the court shall remand the matter to the
land use authority with instructions to issue a land use decision consistent with the court's
decision.
(4) The provisions of Subsection (2)(a) apply from the date on which the county takes
final action on a land use application, if the county conformed with the notice provisions of
Part 2, Notice, or for any person who had actual notice of the pending land use decision.
(5) If the county has complied with Section 
17-27a-205
, a challenge to the enactment
of a land use regulation or general plan may not be filed with the district court more than 30
days after the enactment.
(6) A challenge to a land use decision is barred unless the challenge is filed within 30
days after the land use decision is final.
(7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
the reviewing court the record of the proceedings of the land use authority or appeal authority,
including the minutes, findings, orders and, if available, a true and correct transcript of the
proceedings.
(b) If the proceeding was recorded, a transcript of that recording is a true and correct
transcript for purposes of this Subsection (7).
(8) (a) (i) If there is a record, the district court's review is limited to the record provided
by the land use authority or appeal authority, as the case may be.
(ii) The court may not accept or consider any evidence outside the record of the land
use authority or appeal authority, as the case may be, unless that evidence was offered to the
land use authority or appeal authority, respectively, and the court determines that the evidence
was improperly excluded.
(b) If there is no record, the court may call witnesses and take evidence.
(9) (a) The filing of a petition does not stay the land use decision of the land use
authority or appeal authority, as the case may be.
(b) (i) Before filing a petition under this section or a request for mediation or
arbitration of a constitutional taking issue under Section 
13-43-204
, a land use applicant may
petition the appeal authority to stay the appeal authority's decision.
(ii) Upon receipt of a petition to stay, the appeal authority may order the appeal
authority's decision stayed pending district court review if the appeal authority finds the order
to be in the best interest of the county.
(iii) After a petition is filed under this section or a request for mediation or arbitration
of a constitutional taking issue is filed under Section 
13-43-204
, the petitioner may seek an
injunction staying the appeal authority's land use decision.
(10) If the court determines that a party initiated or pursued a challenge to a land use
decision on a land use application in bad faith, the court may award attorney fees.
Section 22. Section 
57-1-45
 is amended to read:
57-1-45.
Boundary line agreements.
(1)
 [
A boundary line
] 
An
 agreement to adjust [
the boundaries of
] 
a known boundary
between
 adjoining properties shall comply with Section 
10-9a-524
 or 
17-27a-523
, as
applicable.
(2) A recorded boundary line agreement to establish the location of a boundary
between adjoining properties where the location of the boundary is ambiguous, uncertain, or
disputed shall comply with Subsections (3) and (4).
(3) A boundary line agreement between adjoining property owners establishing the
owners' existing common boundary for the purpose of settling an ambiguity, uncertainty, or
dispute shall include:
(a) the name and signature of each party to the agreement and, if applicable, the name
and signature of a party's predecessor in interest who agreed to the location of the boundary
line;
(b) the date of the boundary line agreement;
(c) the address of each party to the boundary line agreement for assessment purposes;
(d) a statement describing why the owners of adjoining properties were unable to
determine the true location of the boundary line between the adjoining properties;
(e) a statement that the owners of the adjoining properties agree on the boundary line
described in the boundary line agreement;
(f) a legal description of each parcel or lot that is subject to the boundary line
agreement;
(g) a legal description of the agreed boundary line;
(h) (i) a reference to a record of survey map as defined in Section 
17-23-17
 in
conjunction with the boundary line agreement that shows:
(A) existing dwellings, outbuildings, improvements, and other physical features;
(B) existing easements, rights-of-way, conditions, or restrictions recorded or apparent;
(C) the location of the agreed boundary line; and
(D) an explanation in the survey narrative of the reason for the boundary line
agreement; or
(ii) if the parcels or lots are unimproved, an attached exhibit depicting a graphical
representation of the location of the agreed boundary line relative to physical objects marking
the agreed boundary;
(i) if any of the property that is the subject of the agreement is located in a recorded
subdivision and the agreed boundary line is different from the boundary line recorded in the
plat, an acknowledgment that each party to the agreement has been advised of the requirement
of a subdivision plat amendment; and
(j) a sufficient acknowledgment for each party's signature.
(4) A boundary line agreement described in Subsection (3) may not be:
(a) used to adjust a known boundary described in Subsection (1) between adjoining
properties;
(b) used to adjust a lot line in a recorded subdivision plat or create a new parcel or lot;
or
(c) used by or recorded by a successor in interest to a property owner who agreed to the
boundary line unless the property owners who agreed to the boundary line treated the line as
the actual boundary as demonstrated by:
(i) actual possession by each owner up to the boundary line;
(ii) a fence built and agreed to by each owner on the boundary line; or
(iii) each owner cultivating or controlling the land up to the boundary line.
(5) A boundary line agreement described in Subsection (3):
(a) does not affect any previously recorded easement unless the easement is expressly
modified by the boundary line agreement;
(b) establishes the common boundary between the adjoining properties in the originally
intended location of the boundary line;
(c) affixes the ownership of the adjoining parties to the agreed boundary line;
(d) is not subject to the review or approval of a municipal or county land use authority;
and
(e) shall be indexed by a county recorder in the title record against each property
affected by the agreed boundary line.
(6) The recording of a boundary line agreement described in Subsection (3) does not
constitute a land use approval by a municipality or a county.
(7) A municipality or a county may withhold approval of a land use application for
property that is subject to a boundary line agreement described in Subsection (3) if the
municipality or the county determines that the land, as established by the boundary line
agreement, was not in compliance with the municipality's or the county's land use regulations
in effect on the day on which the boundary line agreement was recorded.
(8) If a judgment made by a court that establishes the location of a disputed boundary is
recorded in the county title record, the judgment shall act as a boundary line agreement
recorded under this section.