Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 255 (2025GS)

Sponsor

Rep. Chew, Scott H.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• authorizes an owner of at least 50 contiguous acres of agricultural land in a county of the third, fourth, fifth, or sixth class to create a new parcel that, after the division, is separate from the remainder of the original 50 contiguous acres of agricultural land; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
17-27a-605
0
Local Land Use Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott H. Chew
Senate Sponsor: David P. Hinkins
LONG TITLE
General Description:
This bill modifies provisions related to minor subdivisions of agricultural land in a county 
of the third, fourth, fifth, or sixth class.
Highlighted Provisions:
This bill:
modifies definitions;
authorizes an owner of at least 50 contiguous acres of agricultural land in a county of the 
third, fourth, fifth, or sixth class to create a new parcel that, after the division, is separate 
from the remainder of the original 50 contiguous acres of agricultural land; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-27a-605
, as last amended by Laws of Utah 2020, Chapter 434
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-27a-605
 is amended to read:
17-27a-605
. Exemptions from plat requirement.
(1)
Notwithstanding any other provision of law, a plat is not required if:
(a)
a county establishes a process to approve an administrative land use decision for the 
subdivision of unincorporated land or mountainous planning district land into 10 or 
fewer 
lots
parcels
 without a plat; and
(b)
the county provides in writing that:
(i)
the county has provided notice as required by ordinance; and
(ii)
the proposed subdivision:
(A)
is not traversed by the mapped lines of a proposed street as shown in the 
general plan unless the county has approved the location and dedication of any 
public street, county utility easement, any other easement, or any other land for 
public purposes as the county's ordinance requires;
(B)
has been approved by the culinary water authority and the sanitary sewer 
authority;
(C)
is located in a zoned area; and
(D)
conforms to all applicable land use ordinances or has properly received a 
variance from the requirements of an otherwise conflicting and applicable land 
use ordinance.
(2)
(a)
Subject to Subsection 
(1)
, a 
lot or 
parcel resulting from a division of agricultural 
land is exempt from the plat requirements of Section 
17-27a-603
 if:
(i)
the
 lot or
 parcel:
(A)
qualifies as land in agricultural use under Section 
59-2-502
; and
(B)
is not used and will not be used for any nonagricultural purpose; and
(ii)
the new owner of record completes, signs, and records with the county recorder a 
notice:
(A)
describing the parcel by legal description; and
(B)
stating that the 
lot or 
parcel is created for agricultural purposes as defined in 
Section 
59-2-502
 and will remain so until a future zoning change permits other 
uses.
(b)
If a 
lot or 
parcel exempted under Subsection 
(2)(a)
 is used for a nonagricultural 
purpose, the county shall require the 
lot or 
parcel to comply with the requirements 
of Section 
17-27a-603
 and all applicable land use ordinance requirements.
(3)
(a)
Except as provided in Subsection 
(4)
, a document recorded in the county 
recorder's office that divides property by a metes and bounds description does not 
create an approved subdivision allowed by this part unless the land use authority's 
certificate of written approval required by Subsection 
(1)
 is attached to the document.
(b)
The absence of the certificate or written approval required by Subsection 
(1)
 does 
not:
(i)
prohibit the county recorder from recording a document; or
(ii)
affect the validity of a recorded document.
(c)
A document which does not meet the requirements of Subsection 
(1)
 may be 
corrected by the recording of an affidavit to which the required certificate or written 
approval is attached and that complies with Section 
57-3-106
.
(4)
(a)
As used in this Subsection 
(4)
:
(i)
"Divided land" means land that
:
(A)
is described as the land to be divided in a notice under Subsection 
(4)(b)(ii)
; 
and
(B)
has been divided by a minor subdivision.
(ii)
"Land to be divided" means land that is proposed to be divided by a minor 
subdivision.
(iii)
"Minor subdivision" means a division of at least 
100
50
 contiguous acres of 
agricultural land in a county of the third, fourth, fifth, or sixth class to create one 
new 
lot
parcel
 that, after the division, is separate from the remainder of the 
original 
100
50
 or more contiguous acres of agricultural land.
(iv)
"Minor subdivision 
lot
parcel
" means a 
lot
parcel
 created by a minor 
subdivision.
(b)
Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, an owner of at least 
100
50
contiguous acres of agricultural land may make a minor subdivision by submitting 
for recording in the office of the recorder of the county in which the land to be 
divided is located:
(i)
a recordable deed containing the legal description of the minor subdivision 
lot
parcel
; and
(ii)
a notice:
(A)
indicating that the owner of the land to be divided is making a minor 
subdivision;
(B)
referring specifically to this section as the authority for making the minor 
subdivision; and
(C)
containing the legal description of:
(I)
the land to be divided; and
(II)
the
 proposed
 minor subdivision 
lot
parcel
.
(c)
A minor subdivision 
lot
parcel
:
(i)
may not be less than one acre in size;
(ii)
may not be within 
1,000
500
 feet of another minor subdivision 
lot
parcel within 
the divided land
; 
and
(iii)
is not subject to the subdivision ordinance of the county in which the minor 
subdivision 
lot
parcel
 is located
.
; and
(iv)
is not required to be owned by the same person that owns the divided land.
(d)
Land to be divided by a minor subdivision may not include divided land.
(d)
A minor subdivision is effective the day on which it is recorded.
(e)
A county:
(i)
may not deny a building permit to an owner of a minor subdivision 
lot
parcel
based on:
(A)
the 
lot's
parcel's
 status as a minor subdivision 
lot
parcel
; or
(B)
the absence of standards described in Subsection 
(4)(e)(ii)
; and
(ii)
may, in connection with the issuance of a building permit, subject a minor 
subdivision 
lot
parcel
 to reasonable health, safety, and access standards that the 
county has established and made public.
(5)
(a)
Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, and subject to Subsection 
(1)
, the legislative body of a county may enact an ordinance allowing the subdivision 
of a parcel, without complying with the plat requirements of Section 
17-27a-603
, if:
(i)
the parcel contains an existing legal single family dwelling unit;
(ii)
the subdivision results in two parcels, one of which is agricultural land;
(iii)
the parcel of agricultural land:
(A)
qualifies as land in agricultural use under Section 
59-2-502
; and
(B)
is not used, and will not be used, for a nonagricultural purpose;
(iv)
both the parcel with an existing legal single family dwelling unit and the parcel 
of agricultural land meet the minimum area, width, frontage, and setback 
requirements of the applicable zoning designation in the applicable land use 
ordinance; and
(v)
the owner of record completes, signs, and records with the county recorder a 
notice:
(A)
describing the parcel of agricultural land by legal description; and
(B)
stating that the parcel of agricultural land is created as land in agricultural use, 
as defined in Section 
59-2-502
, and will remain as land in agricultural use until 
a future zoning change permits another use.
(b)
If a parcel of agricultural land divided from another parcel under Subsection 
(5)(a)
 is 
later used for a nonagricultural purpose, the exemption provided in Subsection 
(5)(a)
no longer applies, and the county shall require the owner of the parcel to:
(i)
retroactively comply with the subdivision plat requirements of Section 
17-27a-603
; 
and
(ii)
comply with all applicable land use ordinance requirements.
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:05 PM