Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 256 First Substitute (2024GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies provisions regarding when notice is required related to applications or permits near military land;
• provides that a municipality or county should deny a land use application if the Department of Veterans and Military Affairs determines that a proposed land use is incompatible with military operations; and
• makes technical changes.

Every vote on this bill

Bill text

MILITARY COMPATIBLE LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses land use compatibility with military use.
Highlighted Provisions:
This bill:
▸ modifies provisions regarding when notice is required related to applications or
permits near military land;
▸ provides that a municipality or county should deny a land use application if the
Department of Veterans and Military Affairs determines that a proposed land use is
incompatible with military operations; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-537
, as enacted by Laws of Utah 2023, Chapter 154
17-27a-533
, as enacted by Laws of Utah 2023, Chapter 154
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-537
 is amended to read:
10-9a-537.
Land use compatibility with military use.
(1) As used in this section:
(a) "Application" means:
(i) an application or petition to annex land;
(ii) an application to enact, amend, or repeal a land use regulation; or
(iii) any land use application, other than an individual building permit, that would
result in a significant land use change that might have an adverse effect on the operation of the
military installation.
[
(a)
] 
(b)
 "Department" means the Department of Veterans and Military Affairs.
[
(b)
] 
(c)
 "Military" means a branch of the armed forces of the United States, including
the Utah National Guard.
[
(c)
] 
(d)
 "Military land" means the following land or facilities:
(i) Camp Williams;
(ii) Hill Air Force Base;
(iii) Dugway Proving Ground;
(iv) Tooele Army Depot;
(v) Utah Test and Training Range;
(vi) Nephi Readiness Center;
(vii) Cedar City Alternate Flight Facility; or
(viii) Little Mountain Test Facility.
(2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
in a municipality within 5,000 feet of a boundary of military land, a municipality shall, in
consultation with the department, develop and maintain a compatible use plan to ensure
permitted uses and conditional uses relevant to the military land are compatible with the
military operations on military land.
(b) A municipality that has a compatible use plan as of January 1, 2023, is not required
to develop a new compatible use plan.
(3) If a municipality receives [
a land use application, other than an individual building
permit,
] 
an application
 related to land within 5,000 feet of a boundary of military land, before
the municipality may approve the [
land use
] application, the municipality shall notify the
department in writing.
(4) 
(a)
 If the department receives the notice described in Subsection (3), the executive
director of the department shall:
[
(a)
] 
(i)
 determine whether the proposed land use is compatible with the military use of
the relevant military land; and
[
(b)
] 
(ii)
 within 90 days after the receipt of the notice described in Subsection (3),
respond in writing to the municipality regarding the determination of compatibility described in
Subsection (4)(a)
(i)
.
(b) If the department determines that a proposed land use is incompatible with the
military use of the relevant military land, and the department notifies the municipality as
described in Subsection (4)(a)(ii), the municipality should not allow development in the
vicinity of a military installation that is incompatible with the military installation's ability to
carry out the military installation's mission requirements.
(5) If the department receives the notice described in Subsection (3) before the
municipality has completed the compatible use plan as described in this section, the department
shall consult with the municipality and representatives of the relevant military land to
determine whether the use proposed in the land use application is a compatible use.
Section 2. Section 
17-27a-533
 is amended to read:
17-27a-533.
Land use compatibility with military use.
(1) As used in this section:
(a) "Application" means:
(i) an application or petition to annex land;
(ii) an application to enact, amend, or repeal a land use regulation; or
(iii) any land use application, other than an individual building permit, that would
result in a significant land use change that might have an adverse effect on the operation of the
military installation.
[
(a)
] 
(b)
 "Department" means the Department of Veterans and Military Affairs.
[
(b)
] 
(c)
 "Military" means a branch of the armed forces of the United States, including
the Utah National Guard.
[
(c)
] 
(d)
 "Military land" means the following land or facilities:
(i) Camp Williams;
(ii) Hill Air Force Base;
(iii) Dugway Proving Ground;
(iv) Tooele Army Depot;
(v) Utah Test and Training Range;
(vi) Nephi Readiness Center;
(vii) Cedar City Alternate Flight Facility; or
(viii) Little Mountain Test Facility.
(2) (a) Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area
in a county within 5,000 feet of a boundary of military land, a county shall, in consultation with
the department, develop and maintain a compatible use plan to ensure permitted uses and
conditional uses relevant to the military land are compatible with the military operations on
military land.
(b) A county that has a compatible use plan as of January 1, 2023, is not required to
develop a new compatible use plan.
(3) If a county receives [
a land use application, other than an individual building
permit,
] 
an application
 related to land within 5,000 feet of a boundary of military land, before
the county may approve the [
land use
] application, the county shall notify the department in
writing.
(4) 
(a)
 If the department receives the notice described in Subsection (3), the executive
director of the department shall:
[
(a)
] 
(i)
 determine whether the proposed land use is compatible with the military use of
the relevant military land; and
[
(b)
] 
(ii)
 within 90 days after the receipt of the notice described in Subsection (3),
respond in writing to the county regarding the determination of compatibility described in
Subsection (4)(a)
(i)
.
(b) If the department determines that a proposed land use is incompatible with the
military use of the relevant military land, and the department notifies the county as described in
Subsection (4)(a)(ii), the county should not allow development in the vicinity of a military
installation that is incompatible with the military installation's ability to carry out the military
installation's mission requirements.
(5) If the department receives the notice described in Subsection (3) before the county
has completed the compatible use plan as described in this section, the department shall consult
with the county and representatives of the relevant military land to determine whether the use
proposed in the land use application is a compatible use.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.