Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 104 (2025GS)

Sponsor

Sen. Musselman, Calvin R.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions applicable to municipal and county land use and development;
• modifies the process for proposing a boundary adjustment;
• modifies the process for creating a boundary establishment;
• modifies the process for a municipality or county to review a proposed boundary adjustment;
• modifies exemptions from plat requirements;
• modifies the process for a subdivision amendment;
• clarifies and creates recording requirements for boundary adjustments and boundary establishments; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

20
10-9a-103
10-9a-523
10-9a-524
10-9a-529
10-9a-605
10-9a-608
17-27a-103
17-27a-522
17-27a-523
17-27a-605
17-27a-608
57-1-13
57-1-45
57-1-45.5
57-8-32
10-9a-103
10-9a-523
10-9a-524
10-9a-529
10-9a-605
10-9a-608
17-27a-103
17-27a-522
17-27a-523
17-27a-605
17-27a-608
57-1-13
57-1-45
57-1-45.5
57-8-32
0
Boundary Line Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Paul A. Cutler
LONG TITLE
General Description:
This bill modifies provisions related to boundary changes.
Highlighted Provisions:
This bill:
modifies definitions applicable to municipal and county land use and development;
modifies the process for proposing a boundary adjustment; 
modifies the process for creating a boundary establishment;
modifies the process for a municipality or county to review a proposed boundary 
adjustment;
modifies exemptions from plat requirements;
modifies the process for a subdivision amendment;
clarifies and creates recording requirements for boundary adjustments and boundary 
establishments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-103
, as last amended by Laws of Utah 2024, Chapter 464
10-9a-523
, as last amended by Laws of Utah 2021, Chapter 385
10-9a-524
, as last amended by Laws of Utah 2021, Chapter 385
10-9a-529
, as last amended by Laws of Utah 2024, Chapter 464
10-9a-605
, as last amended by Laws of Utah 2020, Chapter 434
10-9a-608
, as last amended by Laws of Utah 2023, Chapter 501
17-27a-103
, as last amended by Laws of Utah 2024, Chapter 464
17-27a-522
, as last amended by Laws of Utah 2021, Chapter 385
17-27a-523
, as last amended by Laws of Utah 2021, Chapter 385
17-27a-605
, as last amended by Laws of Utah 2020, Chapter 434
17-27a-608
, as last amended by Laws of Utah 2023, Chapter 501
57-1-13
, as last amended by Laws of Utah 2021, Chapter 385
57-1-45
, as last amended by Laws of Utah 2022, Chapter 355
57-8-32
, as last amended by Laws of Utah 2024, Chapter 519
ENACTS:
57-1-45.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, 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, special 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 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
(6); 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)
"Boundary adjustment" means an agreement between adjoining property owners 
to relocate a common boundary that results in a conveyance of property between the 
adjoining lots, adjoining parcels, or adjoining lots and parcels.
(b)
"Boundary adjustment" does not mean a modification of a lot or parcel boundary that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(8)
(a)
"Boundary establishment" means an agreement between adjoining property 
owners to clarify the location of an ambiguous, uncertain, or disputed common 
boundary.
(b)
"Boundary establishment" does not mean a modification of a lot or parcel boundary 
that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(7)
(9)
(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)
(10)
"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)
(11)
"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)
(12)
"Conveyance document" means an instrument that:
(a)
meets the definition of "document" in Section 
57-1-1
; and
(b)
meets the requirements of Section 
57-1-45.5
.
(13)
"Conveyance of property" means the transfer of ownership of any portion of real 
property from one person to another person.
(14)
"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.
(15)
"Department of Transportation" means the entity created in Section 
72-1-201
.
(11)
(16)
"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)
(17)
(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)
(18)
(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.
(19)
"Document" means the same as that term is defined in Section 
57-1-1
.
(14)
(20)
"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)
(20)(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)
(20)(a)(i)
; and
(B)
used in support of the purposes of a building described in Subsection 
(14)(a)(i)
(20)(a)(i)
; or
(ii)
a therapeutic school.
(21)
"Establishment document" means an instrument that:
(a)
meets the definition of "document" in Section 
57-1-1
; and
(b)
meets the requirements of Section 
57-1-45
.
(22)
"Full boundary adjustment" means a boundary adjustment that is not a simple 
boundary adjustment.
(15)
(23)
"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)
(24)
"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)
(25)
"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)
(26)
"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)
(27)
"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)
(28)
"Home-based microschool" means the same as that term is defined in Section 
53G-6-201
.
(21)
(29)
"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.
(22)
(30)
"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.
(23)
(31)
"Impact fee" means a payment of money imposed under Title 11, Chapter 36a, 
Impact Fees Act.
(24)
(32)
"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.
(25)
(33)
"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.
(26)
(34)
"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.
(27)
(35)
"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.
(28)
(36)
"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.
(29)
(37)
"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.
(30)
(38)
"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.
(31)
(39)
"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.
(32)
(40)
"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.
(33)
(41)
"Land use permit" means a permit issued by a land use authority.
(34)
(42)
"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.
(35)
(43)
"Legislative body" means the municipal council.
(36)
(44)
"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)
(45)
"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 or a subdivision amendment.
(c)
"Lot line adjustment" does not include a boundary line adjustment made by the 
Department of Transportation.
(39)
(46)
"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)
(47)
"Micro-education entity" means the same as that term is defined in Section 
53G-6-201
.
(41)
(48)
"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.
(42)
(49)
"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.
(43)
(50)
"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.
(44)
(51)
"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.
(45)
(52)
"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.
(46)
(53)
"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.
(47)
(54)
"Parcel" means any real property that is not a lot.
(48)
(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.
(49)
(55)
"Person" means an individual, corporation, partnership, organization, 
association, trust, governmental agency, or any other legal entity.
(50)
(56)
"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.
(51)
(57)
"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
.
(52)
(58)
"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.
(53)
(59)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or 
other political subdivision of the state; or
(d)
a charter school.
(54)
(60)
"Public hearing" means a hearing at which members of the public are provided a 
reasonable opportunity to comment on the subject of the hearing.
(55)
(61)
"Public meeting" means a meeting that is required to be open to the public under 
Title 52, Chapter 4, Open and Public Meetings Act.
(56)
(62)
"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.
(57)
(63)
"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.
(58)
(64)
"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
.
(59)
(65)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services 
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(60)
(66)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and 
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified 
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated 
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots 
intended for high volume traffic or community centers, including schools, recreation 
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not 
necessarily continuous through several residential areas.
(61)
(67)
"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.
(62)
(68)
"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.
(63)
(69)
"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.
(70)
"Simple boundary adjustment" means a boundary adjustment that does not:
(a)
affect a public right-of-way, municipal utility easement, or other public property;
(b)
affect an existing easement, onsite wastewater system, or an internal lot restriction; or
(c)
result in a lot or parcel out of conformity with land use regulations.
(64)
(71)
"Special district" means an entity under Title 17B, Limited Purpose Local 
Government Entities - Special Districts, and any other governmental or 
quasi-governmental entity that is not a county, municipality, school district, or the state.
(65)
(72)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(66)
(73)
"Specified public utility" means an electrical corporation, gas corporation, or 
telephone corporation, as those terms are defined in Section 
54-2-1
.
(67)
(74)
"State" includes any department, division, or agency of the state.
(68)
(75)
(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 
(68)(c)
(75)(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
land used 
for agricultural purposes as provided in Subsection 
10-9a-605(2)
;
(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)
(ii)
a recorded 
document, executed by the owner of record
conveyance 
document
:
(A)
revising the legal descriptions of 
consolidating 
multiple 
lots or 
parcels into 
one legal description encompassing all 
such
lots by reference to a recorded 
plat and all
 parcels
 by metes and bounds description
; 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)
(iii)
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)
(iv)
a 
parcel 
boundary adjustment;
(vii)
(v)
a 
lot line adjustment
boundary establishment
;
(viii)
(vi)
a road, street, or highway dedication plat;
(ix)
(vii)
a deed or easement for a road, street, or highway purpose; or
(x)
(viii)
any other division of land authorized by law.
(69)
(76)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision 
in accordance with Section 
10-9a-608
 that:
(i)
vacates all or a portion of the subdivision;
(ii)
alters the outside boundary of the subdivision;
(iii)
(ii)
changes 
increases 
the number of lots within the subdivision;
(iv)
(iii)
alters a public right-of-way, a public easement, or public infrastructure 
within the subdivision; or
(v)
(iv)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a 
lot line
simple boundary
 adjustment
, 
between a single lot and an adjoining lot or parcel, that alters the outside boundary of 
the subdivision
.
(70)
(77)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(71)
(78)
"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.
(72)
(79)
"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.
(73)
(80)
"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.
(74)
(81)
"Unincorporated" means the area outside of the incorporated area of a city or 
town.
(75)
(82)
"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
.
(76)
(83)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts 
land use zones, overlays, or districts.
Section 2, Section 
10-9a-523
 is amended to read:
10-9a-523
. Simple boundary adjustment -- Full boundary adjustment -- Process 
-- Review by land use authority.
(1)
A person may propose a simple boundary adjustment to a land use authority as 
described in this section.
(2)
A proposal for a simple boundary adjustment shall:
(a)
include a conveyance document that complies with Section 
57-1-45.5
; and
(b)
describe all lots or parcels affected by the proposed boundary adjustment.
(3)
A land use authority shall consent to a proposed simple boundary adjustment if the land 
use authority verifies that the proposed simple boundary adjustment:
(a)
meets the requirements of Subsection 
(2)
; and
(b)
does not:
(i)
affect a public right-of-way, municipal utility easement, or other public property;
(ii)
affect an existing easement, onsite wastewater system, or an internal lot 
restriction; or
(iii)
result in a lot or parcel out of conformity with land use regulations.
(4)
If the land use authority determines that a proposed simple boundary adjustment does 
not meet the requirements of Subsection 
(3)
, a full boundary adjustment is required.
(5)
To 
make
propose
 a 
parcel
full
 boundary adjustment
, a property owner
, the adjoining 
property owners
 shall
 submit a proposal to the land use authority that includes
:
(a)
execute a boundary adjustment through:
(i)
a quitclaim deed; or
(ii)
a boundary line agreement under Section 
10-9a-524
; and
(b)
record the quitclaim deed or boundary line agreement described in Subsection (1)(a) 
in the office of the county recorder of the county in which each property is located.
(a)
a conveyance document that complies with Section 
57-1-45.5
;
(b)
a survey that complies with Subsection 
57-1-45.5(3)(b)
; and
(c)
if required by municipal ordinance, a proposed plat amendment corresponding with 
the proposed full boundary adjustment, prepared in accordance with Section 
10-9a-608
.
(6)
A land use authority shall consent to a proposed full boundary adjustment made under 
Subsection 
(5)
 if:
(a)
the proposal submitted to the land use authority under Subsection 
(5)
 includes all 
necessary information;
(b)
the survey described in Subsection 
(5)(b)
 shows no evidence of a violation of a land 
use regulation; and
(c)
if required by municipal ordinance, the plat amendment corresponding with the 
proposed full boundary adjustment has been approved in accordance with Section 
10-9a-608
.
(7)
(a)
Consent under Subsection 
(3)
 or (6) is an administrative act.
(b)
Notice of consent under Subsection 
(3)
 or (6) shall be provided to the person 
proposing the boundary adjustment in a format that makes clear:
(i)
the land use authority is not responsible for any error related to the boundary 
adjustment; and
(ii)
a county recorder may record the boundary adjustment.
(2)
To make a lot line adjustment, a property owner shall:
(a)
obtain approval of the boundary adjustment under Section 
10-9a-608
;
(b)
execute a boundary adjustment through:
(i)
a quitclaim deed; or
(ii)
a boundary line agreement under Section 
10-9a-524
; and
(c)
record the quitclaim deed or boundary line agreement described in Subsection (2)(b) 
in the office of the county recorder of the county in which each property is located.
(8)
A boundary adjustment is effective from the day on which the boundary adjustment, as 
consented to by the land use authority, is recorded by a county recorder along with the 
relevant conveyance document.
(3)
A parcel boundary adjustment under Subsection (1) is not subject to review of a land 
use authority unless:
(a)
the parcel includes a dwelling; and
(b)
the land use authority's approval is required under Subsection 
10-9a-524
(5).
(4)
(9)
The recording of a boundary 
line agreement or other document used to adjust a 
mutual boundary line that is not subject to review of a land use authority:
adjustment 
does not constitute a land use approval.
(a)
does not constitute a land use approval; and
(b)
does not affect the validity of the boundary line agreement or other document used 
to adjust a mutual boundary line.
(5)
(10)
A municipality may 
enforce municipal ordinances against, or 
withhold approval 
of a land use application for
,
 property that is subject to a 
recorded boundary line 
agreement or other document used to adjust a mutual boundary line
boundary adjustment
if the municipality determines that the
 resulting
 lots or parcels
, as adjusted by the 
boundary line agreement or other document used to adjust the mutual boundary line,
 are 
not in compliance with the municipality's land use regulations in effect on the day on 
which the boundary 
line agreement or other document used to adjust the mutual 
boundary line
adjustment
 is recorded.
Section 3, Section 
10-9a-524
 is amended to read:
10-9a-524
. Boundary establishment -- Process -- Boundary agreement not 
subject to review by land use authority -- Prohibitions.
(1)
If properly executed and acknowledged as required by law, an agreement between 
The 
owners of adjoining property 
that designates the boundary line between the adjoining 
properties acts, upon recording in the office of the recorder of the county in which each 
property is located, as a quitclaim deed to convey all of each party's right, title, interest, 
and estate in property outside the agreed boundary line that had been the subject of the 
boundary line agreement or dispute that led to the boundary line agreement
may initiate 
a boundary establishment to:
(a)
resolve an ambiguous, uncertain, or disputed boundary between the adjoining 
properties; and
(b)
agree upon the location of an existing common boundary between the adjoining 
properties
.
(2)
Adjoining property owners executing a boundary 
line agreement
establishment
described in Subsection (1) shall:
(a)
prepare an establishment document that complies with Section 
57-1-45
; and
(b)
record the boundary establishment with the county recorder for the county in which 
the property exists, in accordance with Section 
57-1-45
.
(a)
ensure that the agreement includes:
(i)
a legal description of the agreed upon boundary line and of each parcel or lot after 
the boundary line is changed;
(ii)
the name and signature of each grantor that is party to the agreement;
(iii)
a sufficient acknowledgment for each grantor's signature;
(iv)
the address of each grantee for assessment purposes;
(v)
a legal description of the parcel or lot each grantor owns before the boundary line 
is changed; and
(vi)
the date of the agreement if the date is not included in the acknowledgment in a 
form substantially similar to a quitclaim deed as described in Section 
57-1-13
;
(b)
if any of the property subject to the boundary line agreement is a lot, prepare an 
amended plat in accordance with Section 
10-9a-608
 before executing the boundary 
line agreement; and
(c)
if none of the property subject to the boundary line agreement is a lot, ensure that 
the boundary line agreement includes a statement citing the file number of a record of 
a survey map in accordance with Section 
17-23-17
, unless the statement is exempted 
by the municipality.
(3)
A boundary establishment:
(a)
is not subject to review of a land use authority; and
(b)
does not require consent or approval from a land use authority before it may be 
recorded.
(4)
A boundary establishment is effective from the day it is recorded by a county recorder.
(5)
A municipality may enforce municipal ordinances against property with a boundary 
establishment that violates a land use regulation.
(3)
(6)
A boundary 
line agreement described in Subsection (1) that complies with 
Subsection (2)
establishment that complies with this section
 presumptively:
(a)
has no detrimental effect on any easement on the property that is recorded before the 
day on which the agreement is executed
 unless the owner of the property benefitting 
from the easement specifically modifies the easement within the boundary line 
agreement or a separate recorded easement modification or relinquishment document
; 
and
(b)
relocates the parties' common boundary line for an exchange of consideration.
conveys the ownership of the adjoining parties to the established common boundary.
(4)
Notwithstanding Part 6, Subdivisions, or a municipality's ordinances or policies, a 
boundary line agreement that only affects parcels is not subject to:
(a)
any public notice, public hearing, or preliminary platting requirement;
(b)
the review of a land use authority; or
(c)
an engineering review or approval of the municipality, except as provided in 
Subsection (5).
(5)
(a)
If a parcel that is the subject of a boundary line agreement contains a dwelling 
unit, the municipality may require a review of the boundary line agreement if the 
municipality:
(i)
adopts an ordinance that:
(A)
requires review and approval for a boundary line agreement containing a 
dwelling unit; and
(B)
includes specific criteria for approval; and
(ii)
completes the review within 14 days after the day on which the property owner 
submits the boundary line agreement for review.
(b)
(i)
If a municipality, upon a review under Subsection (5)(a), determines that the 
boundary line agreement is deficient or if the municipality requires additional 
information to approve the boundary line agreement, the municipality shall send, 
within the time period described in Subsection (5)(a)(ii), written notice to the 
property owner that:
(A)
describes the specific deficiency or additional information that the 
municipality requires to approve the boundary line agreement; and
(B)
states that the municipality shall approve the boundary line agreement upon 
the property owner's correction of the deficiency or submission of the 
additional information described in Subsection (5)(b)(i)(A).
(ii)
If a municipality, upon a review under Subsection (5)(a), approves the boundary 
line agreement, the municipality shall send written notice of the boundary line 
agreement's approval to the property owner within the time period described in 
Subsection (5)(a)(ii).
(c)
If a municipality fails to send a written notice under Subsection (5)(b) within the 
time period described in Subsection (5)(a)(ii), the property owner may record the 
boundary line agreement as if no review under this Subsection (5) was required.
Section 4, Section 
10-9a-529
 is amended to read:
10-9a-529
. Specified public utility located in a municipal utility easement.
A specified public utility may exercise each power of a public utility under Section 
54-3-27
 if the specified public utility uses an easement:
(1)
with the consent of a municipality; and
(2)
that is located within a municipal utility easement described in Subsections 
10-9a-103
(42)(a) through (e)
10-9a-103(49)(a)
 through (e)
.
Section 5, Section 
10-9a-605
 is amended to read:
10-9a-605
. Exemptions from plat requirement.
(1)
Notwithstanding any other provision of law, a plat is not required if:
(a)
a municipality establishes a process to approve an administrative land use decision 
for a subdivision of 10 or fewer 
lots
parcels
 without a plat; and
(b)
the municipality provides in writing that:
(i)
the municipality has provided 
notice
a certificate or written approval
 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 municipality has approved the location and dedication 
of any public street, municipal utility easement, any other easement, or any 
other land for public purposes as the municipality'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 
10-9a-603
 if the 
lot or 
parcel:
(i)
qualifies as land in agricultural use under Section 
59-2-502
;
(ii)
meets the minimum size requirement of applicable land use ordinances; and
(iii)
is not used and will not be used for any nonagricultural purpose.
(b)
The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be 
graphically illustrated on a record of survey map that, after receiving the same 
approvals as are required for a plat under Section 
10-9a-604
, shall be recorded with 
the county recorder.
(c)
(b)
If a 
lot or 
parcel exempted under Subsection (2)(a) is used for a nonagricultural 
purpose, the municipality may require the 
lot or 
parcel to comply with the 
requirements of Section 
10-9a-603
.
(3)
(a)
Documents recorded in the county recorder's office that divide property by a 
metes and bounds description do 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)
The boundaries of any subdivision exempted from the plat requirement under this 
section shall be graphically illustrated on a record of survey map that includes:
(i)
a legal description of the parcel to be divided;
(ii)
a legal description of each parcel created by the subdivision; and
(iii)
a citation to the specific provision of this section for which an exemption to the 
plat requirement is authorized.
(b)
The record of survey map described in Subsection (4)(a) shall be filed with the 
county surveyor in accordance with Section 
17-23-17
.
Section 6, 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)
(i)
If a petition is filed under Subsection (1)(a), the 
The 
land use authority shall 
provide notice of 
the
a
 petition
 filed under Subsection 
(1)(a)
 by mail
,
 or
 email
, 
or other effective means
 to
:
(A)
each affected entity that provides a service to 
an
a property
 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.
; and
(B)
each property owner of record within the portion of the subdivision that is 
proposed to be amended.
(ii)
The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which 
written objections to the petition are due to the land use authority, but no earlier 
than 10 calendar days after the day on which the land use authority sends the 
notice.
(d)
If a petition is filed under Subsection (1)(a), the
The
 land use authority shall hold a 
public hearing within 45 days after the day on which 
the
a
 petition is filed
 under 
Subsection 
(1)(a)
 if:
(i)
any 
property 
owner within the 
plat
subdivision that is proposed to be amended
notifies the municipality of the owner's objection in writing 
within 10 days of 
mailed notification
before the deadline for objections as described in Subsection 
(1)(c)(ii)
; or
(ii)
a municipal ordinance requires 
a public hearing 
is required because
if
 all of the
property
 owners 
in
within
 the
 portion of the
 subdivision
 proposed to be amended
have not signed the 
revised
proposed amended
 plat.
(e)
A land use authority may approve a petition for subdivision amendment no earlier 
than:
(i)
the day after the day on which written objections were due to the land use 
authority, as described in Subsection (1)(c)(ii); or
(ii)
if a public hearing is required as described in Subsection 
(1)
(d), the day the public 
hearing takes place.
(f)
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)
(iii)
on a lot owned by the petitioning fee owner, adjust an internal lot restriction 
imposed by the local political subdivision; or
(v)
(iv)
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 properties if the exchange 
of title is approved by the land use authority as a lot line adjustment in accordance 
with Subsection (5)(b).
(b)
The land use authority shall approve a lot line adjustment under Subsection (5)(a) if 
the exchange of title will not result in a violation of any land use ordinance.
(c)
If a lot line adjustment is approved under Subsection (5)(b):
(i)
a notice of lot line adjustment approval shall be recorded in the office of the 
county recorder which:
(A)
is approved by the land use authority; and
(B)
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.
(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; 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.
(5)
A surveyor preparing an amended plat under this section shall certify that the surveyor:
(a)
holds a license in accordance with Title 58, Chapter 22, Professional Engineers and 
Professional Land Surveyors Licensing Act;
(b)
(i)
has completed a survey of the property described on the plat in accordance with 
Section 
17-23-17
 and has verified all measurements;
(ii)
has referenced a record of survey map of the existing property boundaries shown 
on the plat and verified the locations of the boundaries; or
(iii)
has referenced the original plat that created the lot boundaries being amended; 
and
(c)
has placed monuments as represented on the plat.
Section 7, Section 
17-27a-103
 is amended to read:
17-27a-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, special 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 property owner, property owner's association, public utility, or the 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 county a copy of the entity's general or long-range plan; 
or
(c)
the entity has filed with the county a request for notice during the same calendar year 
and before the county 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
(6); 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)
"Boundary adjustment" means an agreement between adjoining property owners 
to relocate a common boundary that results in a conveyance of property between the 
adjoining lots, adjoining parcels, or adjoining lots and parcels.
(b)
"Boundary adjustment" does not mean a modification of a lot or parcel boundary that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(8)
(a)
"Boundary establishment" means an agreement between adjoining property 
owners to clarify the location of an ambiguous, uncertain, or disputed common 
boundary.
(b)
"Boundary establishment" does not mean a modification of a lot or parcel boundary 
that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(7)
(9)
(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)
(10)
"Chief executive officer" means the person or body that exercises the executive 
powers of the county.
(9)
(11)
"Conditional use" means a land use that, because of the unique characteristics or 
potential impact of the land use on the county, 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.
(10)
(12)
"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.
(11)
(13)
"Conveyance document" means an instrument that:
(a)
meets the definition of "document" in Section 
57-1-1
; and
(b)
meets the requirements of Section 
57-1-45.5
.
(14)
"Conveyance of property" means the transfer of ownership of any portion of real 
property from one person to another person.
(15)
"County utility easement" means an easement that:
(a)
a plat recorded in a county recorder's office described as a county utility easement or 
otherwise as a utility easement;
(b)
is not a protected utility easement or a public utility easement as defined in Section 
54-3-27
;
(c)
the county or the county's affiliated governmental entity owns or creates; and
(d)
(i)
either:
(A)
no person uses or occupies; or
(B)
the county or the county'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; or
(ii)
a person uses or occupies with or without an authorized franchise or other 
agreement with the county.
(12)
(16)
"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.
(17)
"Department of Transportation" means the entity created in Section 
72-1-201
.
(13)
(18)
"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.
(14)
(19)
(a)
"Development agreement" means a written agreement or amendment to a 
written agreement between a county 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.
(15)
(20)
(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. Sec. 802.
(16)
(21)
"Document" means the same as that term is defined in Section 
57-1-1
.
(22)
"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 
(16)(a)(i)
(22)(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 
(16)(a)(i)
(22)(a)(i)
; and
(B)
used in support of the purposes of a building described in Subsection 
(16)(a)(i)
(22)(a)(i)
; or
(ii)
a therapeutic school.
(23)
"Establishment document" means an instrument that:
(a)
meets the definition of "document" in Section 
57-1-1
; and
(b)
meets the requirements of Section 
57-1-45
.
(24)
"Full boundary adjustment" means a boundary adjustment that is not a simple 
boundary adjustment.
(17)
(25)
"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.
(18)
(26)
"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.
(19)
(27)
"Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(20)
(28)
"General plan" means a document that a county adopts that sets forth general 
guidelines for proposed future development of:
(a)
the unincorporated land within the county; or
(b)
for a mountainous planning district, the land within the mountainous planning 
district.
(21)
(29)
"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.
(22)
(30)
"Home-based microschool" means the same as that term is defined in Section 
53G-6-201
.
(23)
(31)
"Hookup fee" means a fee for the installation and inspection of any pipe, line, 
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other 
utility system.
(24)
(32)
"Identical plans" means building plans submitted to a county that:
(a)
are clearly marked as "identical plans";
(b)
are substantially identical building plans that were previously submitted to and 
reviewed and approved by the county; 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 county; and
(iv)
does not require any additional engineering or analysis.
(25)
(33)
"Impact fee" means a payment of money imposed under Title 11, Chapter 36a, 
Impact Fees Act.
(26)
(34)
"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 county 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.
(27)
(35)
"Improvement warranty" means an applicant's unconditional warranty that the 
applicant's installed and accepted landscaping or infrastructure improvement:
(a)
complies with the county'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.
(28)
(36)
"Improvement warranty period" means a period:
(a)
no later than one year after a county's acceptance of required landscaping; or
(b)
no later than one year after a county's acceptance of required infrastructure, unless 
the county:
(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 county has not otherwise required the applicant to mitigate 
the suspect soil.
(29)
(37)
"Infrastructure improvement" means permanent infrastructure that is essential for 
the public health and safety or that:
(a)
is required for human consumption; and
(b)
an applicant must install:
(i)
in accordance with published installation and inspection specifications for public 
improvements; and
(ii)
as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
developing a commercial, industrial, mixed use, condominium, or multifamily 
project.
(30)
(38)
"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.
(31)
(39)
"Interstate pipeline company" means a person or entity engaged in natural gas 
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission 
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(32)
(40)
"Intrastate pipeline company" means a person or entity engaged in natural gas 
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory 
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(33)
(41)
"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.
(34)
(42)
"Land use application":
(a)
means an application that is:
(i)
required by a county; 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.
(35)
(43)
"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.
(36)
(44)
"Land use decision" means an administrative decision of a land use authority or 
appeal authority regarding:
(a)
a land use permit;
(b)
a land use application; or
(c)
the enforcement of a land use regulation, land use permit, or development agreement.
(37)
(45)
"Land use permit" means a permit issued by a land use authority.
(38)
(46)
"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.
(39)
(47)
"Legislative body" means the county legislative body, or for a county that has 
adopted an alternative form of government, the body exercising legislative powers.
(40)
(48)
"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.
(41)
(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 
17-27a-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 or a subdivision amendment.
(c)
"Lot line adjustment" does not include a boundary line adjustment made by the 
Department of Transportation.
(42)
(49)
"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
.
(43)
(50)
"Micro-education entity" means the same as that term is defined in Section 
53G-6-201
.
(44)
(51)
"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 housing is 
located.
(45)
(52)
"Mountainous planning district" means an area designated by a county legislative 
body in accordance with Section 
17-27a-901
.
(46)
(53)
"Nominal fee" means a fee that reasonably reimburses a county 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.
(47)
(54)
"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 that 
govern the use of land.
(48)
(55)
"Nonconforming use" means a use of land that:
(a)
legally existed before the current land use designation;
(b)
has been maintained continuously since the time the land use ordinance regulation 
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.
(49)
(56)
"Official map" means a map drawn by county authorities and recorded in the 
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 county's general plan.
(50)
(57)
"Parcel" means any real property that is not a lot.
(51)
(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 
17-27a-523
, 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.
(52)
(58)
"Person" means an individual, corporation, partnership, organization, 
association, trust, governmental agency, or any other legal entity.
(53)
(59)
"Plan for moderate income housing" means a written document adopted by a 
county legislative body that includes:
(a)
an estimate of the existing supply of moderate income housing located within the 
county;
(b)
an estimate of the need for moderate income housing in the county 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 county's program to encourage an adequate supply of moderate 
income housing.
(54)
(60)
"Planning advisory area" means a contiguous, geographically defined portion of 
the unincorporated area of a county established under this part with planning and zoning 
functions as exercised through the planning advisory area planning commission, as 
provided in this chapter, but with no legal or political identity separate from the county 
and no taxing authority.
(55)
(61)
"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 
17-27a-603
 or 
57-8-13
.
(56)
(62)
"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.
(57)
(63)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or 
other political subdivision of the state; or
(d)
a charter school.
(58)
(64)
"Public hearing" means a hearing at which members of the public are provided a 
reasonable opportunity to comment on the subject of the hearing.
(59)
(65)
"Public meeting" means a meeting that is required to be open to the public under 
Title 52, Chapter 4, Open and Public Meetings Act.
(60)
(66)
"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.
(61)
(67)
"Receiving zone" means an unincorporated area of a county that the county 
designates, by ordinance, as an area in which an owner of land may receive a 
transferable development right.
(62)
(68)
"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
.
(63)
(69)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services 
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(64)
(70)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and 
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified 
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated 
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots 
intended for high volume traffic or community centers, including schools, recreation 
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not 
necessarily continuous through several residential areas.
(65)
(71)
"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.
(66)
(72)
"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.
(67)
(73)
"Sending zone" means an unincorporated area of a county that the county 
designates, by ordinance, as an area from which an owner of land may transfer a 
transferable development right.
(74)
"Simple boundary adjustment" means a boundary adjustment that does not:
(a)
affect a public right-of-way, county utility easement, or other public property;
(b)
affect an existing easement, onsite wastewater system, or an internal lot restriction; or
(c)
result in a lot or parcel out of conformity with land use regulations.
(68)
(75)
"Site plan" means a document or map that may be required by a county during a 
preliminary review preceding the issuance of a building permit to demonstrate that an 
owner's or developer's proposed development activity meets a land use requirement.
(69)
(76)
(a)
"Special district" means an entity under Title 17B, Limited Purpose Local 
Government Entities - Special Districts.
(b)
"Special district" includes a governmental or quasi-governmental entity that is not a 
county, municipality, school district, or the state.
(70)
(77)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(71)
(78)
"Specified public utility" means an electrical corporation, gas corporation, or 
telephone corporation, as those terms are defined in Section 
54-2-1
.
(72)
(79)
"State" includes any department, division, or agency of the state.
(73)
(80)
(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 
(73)(c)
(80)(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 agricultural purposes;
(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 
17-27a-523
 if no new lot is created;
(iii)
(ii)
a recorded
 conveyance
 document
, executed by the owner of record
:
(A)
revising the legal descriptions of 
consolidating 
multiple
 lots or
 parcels into 
one legal description encompassing all 
such
lots by reference to a recorded 
plat and all
 parcels
 by metes and bounds description
; or
(B)
joining a lot to a parcel;
(iv)
(iii)
a bona fide division or partition of land in a county other than a first class 
county for the purpose of siting, on one or more of the resulting separate parcels:
(A)
an electrical transmission line or a substation;
(B)
a natural gas pipeline or a regulation station; or
(C)
an unmanned telecommunications, microwave, fiber optic, electrical, or other 
utility service regeneration, transformation, retransmission, or amplification 
facility;
(v)
a boundary line agreement between owners of adjoining subdivided properties 
adjusting the mutual lot line boundary in accordance with Sections 
17-27a-523
and 
17-27a-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;
(vi)
(iv)
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;
(vii)
(v)
a 
parcel 
boundary adjustment;
(viii)
(vi)
a 
lot line adjustment
boundary establishment
;
(ix)
(vii)
a road, street, or highway dedication plat;
(x)
(viii)
a deed or easement for a road, street, or highway purpose; or
(xi)
(ix)
any other division of land authorized by law.
(74)
(81)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision 
in accordance with Section 
17-27a-608
 that:
(i)
vacates all or a portion of the subdivision;
(ii)
alters the outside boundary of the subdivision;
(iii)
(ii)
changes 
increases 
the number of lots within the subdivision;
(iv)
(iii)
alters a public right-of-way, a public easement, or public infrastructure 
within the subdivision; or
(v)
(iv)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a 
lot line
simple boundary
 adjustment
, 
between a single lot and an adjoining lot or parcel, that alters the outside boundary of 
the subdivision
.
(75)
(82)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(76)
(83)
"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.
(77)
(84)
"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.
(78)
(85)
"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.
(79)
(86)
"Unincorporated" means the area outside of the incorporated area of a 
municipality.
(80)
(87)
"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
.
(81)
(88)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts 
land use zones, overlays, or districts.
Section 8, Section 
17-27a-522
 is amended to read:
17-27a-522
. Simple boundary adjustment -- Full boundary adjustment -- 
Process -- Review by land use authority.
(1)
A person may propose a simple boundary adjustment to a land use authority as 
described in this section.
(2)
A proposal for a simple boundary adjustment shall:
(a)
include a conveyance document that complies with Section 
57-1-45.5
; and
(b)
describe all lots or parcels affected by the proposed boundary adjustment.
(3)
A land use authority shall consent to a proposed simple boundary adjustment if the land 
use authority verifies that the proposed simple boundary adjustment:
(a)
meets the requirements of Subsection (2); and
(b)
does not:
(i)
affect a public right-of-way, county utility easement, or other public property;
(ii)
affect an existing easement, onsite wastewater system, or an internal lot 
restriction; or
(iii)
result in a lot or parcel out of conformity with land use regulations.
(4)
If the land use authority determines that a proposed simple boundary adjustment does 
not meet the requirements of Subsection (3), a full boundary adjustment is required.
(5)
To 
make
propose
 a 
parcel line
full boundary
 adjustment
, a property owner
, the 
adjoining property owners
 shall
 submit a proposal to the land use authority that includes
:
(a)
execute a boundary adjustment through:
(i)
a quitclaim deed; or
(ii)
a boundary line agreement under Section 
17-27a-523
; and
(b)
record the quitclaim deed or boundary line agreement described in Subsection (1)(a) 
in the office of the county recorder of the county in which each property is located.
(a)
a conveyance document that complies with Section 
57-1-45.5
;
(b)
a survey that complies with Subsection 
57-1-4.5(3)(b)
; and
(c)
if required by county ordinance, a proposed plat amendment corresponding with the 
proposed full boundary adjustment, prepared in accordance with Section 
17-27a-608
.
(6)
The land use authority shall consent to a proposed full boundary adjustment made under 
Subsection 
(5)
 if:
(a)
the proposal submitted to the land use authority under Subsection (5) includes all 
necessary information;
(b)
the survey described in Subsection (5)(b) shows no evidence of a violation of a land 
use regulation; and
(c)
if required by county ordinance, the plat amendment corresponding with the 
proposed full boundary adjustment has been approved in accordance with Section 
17-27a-608
.
(7)
(a)
Consent under Subsection (3) or (6) is an administrative act.
(b)
Notice of consent under Subsection 
(3)
 or (6) shall be provided to the person 
proposing the boundary adjustment in a format that makes clear:
(i)
the land use authority is not responsible for any error related to the boundary 
adjustment; and
(ii)
a county recorder may record the boundary adjustment.
(8)
A boundary adjustment is effective from the day on which the boundary adjustment, as 
consented to by the land use authority, is recorded by the county recorder along with the 
relevant conveyance document.
(9)
The recording of a boundary adjustment does not constitute a land use approval.
(2)
To make a lot line adjustment, a property owner shall:
(a)
obtain approval of the boundary adjustment under Section 
17-27a-608
;
(b)
execute a boundary adjustment through:
(i)
a quitclaim deed; or
(ii)
a boundary line agreement under Section 
17-27a-523
; and
(c)
record the quitclaim deed or boundary line agreement described in Subsection (2)(b) 
in the office of the county recorder of the county in which each property is located.
(3)
A parcel boundary adjustment under Subsection (1) is not subject to review of a land 
use authority unless:
(a)
the parcel includes a dwelling; and
(b)
the land use authority's approval is required under Subsection 
17-27a-523
(5).
(4)
The recording of a boundary line agreement or other document used to adjust a mutual 
boundary line that is not subject to review of a land use authority:
(a)
does not constitute a land use approval; and
(b)
does not affect the validity of the boundary line agreement or other document used 
to adjust a mutual boundary line.
(5)
(10)
A county may
 enforce county ordinances against, or
 withhold approval of a land 
use application for
,
 property that is subject to a 
recorded boundary line agreement or 
other document used to adjust a mutual boundary line
boundary adjustment
 if the county 
determines that the
 resulting
 lots or parcels
, as adjusted by the boundary line agreement 
or other document used to adjust the mutual boundary line,
 are not in compliance with 
the county's land use regulations in effect on the day on which the boundary 
line 
agreement or other document used to adjust the mutual boundary line
adjustment
 is 
recorded.
Section 9, Section 
17-27a-523
 is amended to read:
17-27a-523
. Boundary establishment -- Process -- Boundary agreement not 
subject to review by land use authority -- Prohibitions.
(1)
If properly executed and acknowledged as required by law, an agreement between
The
owners of adjoining property 
that designates the boundary line between the adjoining 
properties acts, upon recording in the office of the recorder of the county in which each 
property is located, as a quitclaim deed to convey all of each party's right, title, interest, 
and estate in property outside the agreed boundary line that had been the subject of the 
boundary line agreement or dispute that led to the boundary line agreement.
may initiate 
a boundary establishment to:
(a)
resolve an ambiguous, uncertain, or disputed boundary between the adjoining 
properties; and
(b)
agree upon the location of the boundary between the adjoining properties.
(2)
Adjoining property owners executing a boundary 
line agreement
establishment
described in Subsection (1) shall:
(a)
ensure that the agreement includes:
(i)
a legal description of the agreed upon boundary line and of each parcel or lot after 
the boundary line is changed;
(ii)
the name and signature of each grantor that is party to the agreement;
(iii)
a sufficient acknowledgment for each grantor's signature;
(iv)
the address of each grantee for assessment purposes;
(v)
a legal description of the parcel or lot each grantor owns before the boundary line 
is changed; and
(vi)
the date of the agreement if the date is not included in the acknowledgment in a 
form substantially similar to a quitclaim deed as described in Section 
57-1-13
;
(b)
if any of the property subject to the boundary line agreement is a lot, prepare an 
amended plat in accordance with Section 
17-27a-608
 before executing the boundary 
line agreement; and
(c)
if none of the property subject to the boundary line agreement is a lot, ensure that 
the boundary line agreement includes a statement citing the file number of a record of 
a survey map in accordance with Section 
17-23-17
, unless the statement is exempted 
by the county.
(a)
prepare an establishment document that complies with Section 
57-1-45
; and
(b)
record the boundary establishment with the county recorder, in accordance with 
Section 
57-1-45
.
(3)
A boundary establishment:
(a)
is not subject to review of a land use authority; and
(b)
does not require consent or approval from a land use authority before it may be 
recorded.
(4)
A boundary establishment is effective from the day it is recorded by the county recorder.
(5)
A county may enforce county ordinances against property with a boundary 
establishment that violates a land use regulation.
(3)
(6)
A boundary 
line agreement described in Subsection (1) that complies with 
Subsection (2)
establishment that complies with this section
 presumptively:
(a)
has no detrimental effect on any easement on the property that is recorded before the 
day on which the agreement is executed
 unless the owner of the property benefitting 
from the easement specifically modifies the easement within the boundary line 
agreement or a separate recorded easement modification or relinquishment document
; 
and
(b)
relocates the parties' common boundary line for an exchange of consideration.
conveys the ownership of the adjoining parties to the established common boundary.
(4)
Notwithstanding Part 6, Subdivisions, or a county's ordinances or policies, a boundary 
line agreement that only affects parcels is not subject to:
(a)
any public notice, public hearing, or preliminary platting requirement;
(b)
the review of a land use authority; or
(c)
an engineering review or approval of the county, except as provided in Subsection 
(5).
(5)
(a)
If a parcel that is the subject of a boundary line agreement contains a dwelling 
unit, the county may require a review of the boundary line agreement if the county:
(i)
adopts an ordinance that:
(A)
requires review and approval for a boundary line agreement containing a 
dwelling unit; and
(B)
includes specific criteria for approval; and
(ii)
completes the review within 14 days after the day on which the property owner 
submits the boundary line agreement for review.
(b)
(i)
If a county, upon a review under Subsection (5)(a), determines that the 
boundary line agreement is deficient or if the county requires additional 
information to approve the boundary line agreement, the county shall send, within 
the time period described in Subsection (5)(a)(ii), written notice to the property 
owner that:
(A)
describes the specific deficiency or additional information that the county 
requires to approve the boundary line agreement; and
(B)
states that the county shall approve the boundary line agreement upon the 
property owner's correction of the deficiency or submission of the additional 
information described in Subsection (5)(b)(i)(A).
(ii)
If a county, upon a review under Subsection (5)(a), approves the boundary line 
agreement, the county shall send written notice of the boundary line agreement's 
approval to the property owner within the time period described in Subsection 
(5)(a)(ii).
(c)
If a county fails to send a written notice under Subsection (5)(b) within the time 
period described in Subsection (5)(a)(ii), the property owner may record the 
boundary line agreement as if no review under this Subsection (5) was required.
Section 10, 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
a certificate or written approval
 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 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 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 
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 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 feet of another minor subdivision 
lot
parcel
; and
(iii)
is not subject to the subdivision ordinance of the county in which the minor 
subdivision 
lot
parcel
 is located.
(d)
Land to be divided by a minor subdivision may not include divided land.
(e)
A county:
(i)
may not deny a building permit to an owner of a minor subdivision 
lot
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.
(6)
(a)
The boundaries of any subdivision exempted from the plat requirement under this 
section shall be graphically illustrated on a record of survey map that includes:
(i)
a legal description of the parcel to be divided;
(ii)
a legal description of each parcel created by the subdivision; and
(iii)
a citation to the specific provision of this section for which an exemption to the 
plat requirement is authorized.
(b)
The record of survey map described in Subsection (6)(a) shall be filed with the 
county surveyor in accordance with Section 
17-23-17
.
Section 11, 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)
(i)
If a petition is filed under Subsection (1)(a), the
The
 land use authority shall 
provide notice of 
the
a
 petition
 filed under Subsection 
(1)(a)
 by mail
,
 or
 email
, 
or other effective means
 to
:
(A)
each affected entity that provides a service to 
an
a property
 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
; and
(B)
each property owner of record within the portion of the subdivision that is 
proposed to be amended
.
(ii)
The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which 
written objections to the petition are due to the land use authority, but no earlier 
than 10 calendar days after the day on which the land use authority sends the 
notice.
(d)
If a petition is filed under Subsection (1)(a), the 
The 
land use authority shall hold a 
public hearing within 45 days after the day on which 
the
a
 petition is filed 
under 
Subsection 
(1)(a)
if:
(i)
any 
property 
owner within the 
plat
subdivision that is proposed to be amended
notifies the county of the owner's objection in writing 
within 10 days of mailed 
notification
by the deadline for objections, as described in Subsection 
(1)(c)(ii)
; or
(ii)
a county ordinance requires 
a public hearing 
is required because
if
 all of the 
owners 
in
within
 the 
portion of the 
subdivision
 proposed to be amended
 have not 
signed the 
revised
proposed amended
 plat.
(e)
A land use authority may approve a petition for subdivision amendment no earlier 
than:
(i)
the day after the day on which written objections were due to the land authority, as 
described in Subsection 
(1)(c)(ii)
; or
(ii)
if a public hearing is required as described in Subsection 
(1)(d)
, the day on which 
the public hearing takes place.
(f)
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)
(iii)
on a lot owned by the petitioning fee owner, adjust an internal lot restriction 
imposed by the local political subdivision; or
(v)
(iv)
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 as a lot line adjustment in accordance 
with Subsection (5)(b).
(b)
The land use authority shall approve a lot line adjustment under Subsection (5)(a) if 
the exchange of title will not result in a violation of any land use ordinance.
(c)
If a lot line adjustment is approved under Subsection (5)(b):
(i)
a notice of lot line adjustment approval shall be recorded in the office of the 
county recorder which:
(A)
is approved by the land use authority; and
(B)
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.
(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; 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.
(5)
A surveyor preparing an amended plat under this section shall certify that the surveyor:
(a)
holds a license in accordance with Title 58, Chapter 22, Professional Engineers and 
Professional Land Surveyors Licensing Act;
(b)
(i)
has completed a survey of the property described on the plat in accordance with 
Section 
17-23-17
 and has verified all measurements;
(ii)
has referenced a record of survey map of the existing property boundaries shown 
on the plat and verified the locations of the boundaries; or
(iii)
has referenced the original plat that created the lot boundaries being amended; 
and
(c)
has placed monuments as represented on the plat.
Section 12, Section 
57-1-13
 is amended to read:
57-1-13
. Form of quitclaim deed.
(1)
A conveyance of land may also be substantially in the following form:
"QUITCLAIM DEED
____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims 
to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ 
dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe 
the premises).
Witness the hand of said grantor this __________(month\day\year).
A quitclaim deed when executed as required by law shall have the effect of a 
conveyance of all right, title, interest, and estate of the grantor in and to the premises therein 
described and all rights, privileges, and appurtenances thereunto belonging, at the date of the 
conveyance."
(2)
A boundary line agreement operating as a quitclaim deed shall meet the requirements 
described in Section 
10-9a-524
 or 
17-27a-523
, as applicable.
Section 13, Section 
57-1-45
 is amended to read:
57-1-45
. Boundary establishments -- Establishment documents -- Effect.
(1)
An agreement to adjust 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)
(1)
A boundary establishment shall:
(a)
be finalized by recording an establishment document, as defined in Sections 
10-9a-103
 and 
17-27a-103
; and
(b)
comply with this section.
(2)
A boundary line agreement between adjoining property owners establishing the owners' 
existing common boundary for the purpose of settling an ambiguity, uncertainty, or 
dispute 
An establishment document 
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
establishment document
;
(b)
the date of the boundary line agreement;
(c)
(b)
the address of each party to the 
boundary line agreement
establishment 
document
 for assessment purposes;
(d)
(c)
a statement describing 
why the owners of adjoining properties were unable to 
determine the true location of the boundary line between the adjoining properties
the 
ambiguity, uncertainty, or dispute being resolved with the boundary establishment
;
(e)
(d)
a statement that the
 adjoining property
 owners 
of the adjoining properties 
agree on the 
established 
boundary 
line
location
 described in the 
boundary line 
agreement
establishment document
;
(f)
(e)
a 
current 
legal description of each parcel or lot that is subject to the 
established 
boundary
 line agreement
;
(g)
(f)
a 
new 
legal description of the 
agreed
established
 boundary
 line
;
(h)
(g)
(i)
if the property owners have conducted a survey, 
a reference to a record of
the
 survey map
,
 as defined in Section 
17-23-17
 in conjunction with the boundary 
line agreement that shows
, showing information necessary to identify the 
established boundary that may include
:
(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
establishment
; or
(ii)
if the parcels or lots are unimproved,
 or if the property owners have otherwise not 
conducted a survey,
 an attached 
exhibit
visual or graphic
 depicting a 
graphical 
representation of the location of the 
agreed
established
 boundary 
line 
relative to 
physical objects marking the 
agreed
established
 boundary;
(i)
(h)
if any of the property that is the subject of the 
agreement
establishment 
document
 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
notified
 of the
 potential
 requirement of a 
subdivision plat amendment; and
(j)
(i)
a sufficient acknowledgment for each party's signature.
(4)
(3)
A boundary line agreement 
An establishment document 
described in Subsection 
(3)
(2)
 may not be
:
 used to create a new parcel or new lot.
(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.
(4)
Property owners who agree to a boundary establishment shall treat the established 
boundary as the common boundary, as demonstrated by:
(a)
actual possession by each owner of the owner's property up to the common 
boundary, as visibly marked by monuments, fences, buildings, or other physical 
improvements; or
(b)
each owner cultivating or controlling the owner's property up to the visibly marked 
common boundary.
(5)
(a)
Before recording an establishment document, a county recorder shall confirm that 
the establishment document and any accompanying exhibit is presented in a legible 
and recordable format.
(b)
Upon receipt of an establishment document that is not in a legible and recordable 
format, the county recorder shall provide the person submitting the establishment 
document with an explanation of corrections necessary to record the establishment 
document.
(6)
(a)
An establishment document is effective on the day it is recorded.
(b)
A recorded establishment document creates a boundary establishment.
(c)
If a judgment made by a court that establishes the location of a disputed boundary is 
recorded in the county title record:
(i)
the judgment is considered an establishment document; and
(ii)
the recording of the judgment creates a boundary establishment.
(5)
(7)
A boundary line agreement
Once recorded, an establishment document
 described 
in Subsection 
(3)
(2)
:
(a)
does not affect any previously recorded easement
 unless the easement is expressly 
modified by the boundary line agreement
;
(b)
establishes the
 location of the
 common boundary between the adjoining properties
in the originally intended location of the boundary line
;
(c)
affixes 
conveys 
the ownership of the adjoining parties to the agreed boundary
 line
;
and
(d)
is not subject to the review or approval of a municipal or county land use authority; 
and
(e)
(d)
shall be indexed by a county recorder in the title record against each property 
affected by the 
agreed
established
 boundary
 line
.
(6)
(8)
The recording of 
a boundary line agreement described in Subsection (3)
an 
establishment document
 does not constitute a land use approval by a municipality or a 
county.
(7)
(9)
A municipality or a county may 
enforce a municipal or county ordinance against, or 
withhold approval of a land use application for
,
 property that is subject to a boundary 
line agreement described in Subsection (3)
establishment
 if the municipality or the 
county determines that the 
land, as established by the boundary line agreement, 
established boundary 
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
establishment
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.
Section 14, Section 
57-1-45.5
 is enacted to read:
57-1-45.5
. Conveyance document for a boundary adjustment -- Form and effect.
(1)
A conveyance document, as defined in Sections 
10-9a-103
 and 
17-27a-103
, for a 
boundary adjustment shall comply with this section.
(2)
A conveyance document shall include:
(a)
the name and signature of each party to the conveyance document;
(b)
the address of each party to the conveyance document for assessment purposes;
(c)
a legal description of the parcel or lot owned by each party before the boundary 
adjustment;
(d)
a legal description of the parcel or lot owned by each party after the boundary 
adjustment; and
(e)
sufficient language to convey title from one party to another party, in conformity 
with the proposed boundary adjustment.
(3)
In addition to the information required in Subsection 
(2)
, a conveyance document shall 
include as an exhibit, in a legible and recordable format:
(a)
a visual or graphic of the proposed boundary adjustment and all properties affected 
by the proposed boundary adjustment, depicting:
(i)
the former boundary location;
(ii)
the new boundary location; and
(iii)
the size, shape, and dimensions of each adjusted parcel or lot;
(b)
if the property owners have conducted a survey, a reference to the record of the 
survey map, as defined in Section 
17-23-17
, showing:
(i)
existing dwellings, outbuildings, improvements, and other physical features;
(ii)
existing easements, rights-of-way, conditions, or restrictions recorded or apparent;
(iii)
the former boundary location;
(iv)
the new boundary location;
(v)
the size, shape, and dimensions of each adjusted lot or adjusted parcel; and
(vi)
other existing or proposed improvements that impact or are subject to land use 
regulations; and
(c)
if the conveyance document addresses a boundary adjustment that requires an 
amendment to a subdivision plat under Section 
10-9a-523
 or 
17-27a-522
, the 
amendment to the subdivision plat.
(4)
(a)
A conveyance document is effective on the day it is recorded as part of a 
boundary adjustment.
(b)
Before recording a conveyance document, a county recorder shall confirm that the 
conveyance document is:
(i)
in a legible and recordable format, including any exhibit to the conveyance 
document; and
(ii)
accompanied by a notice of consent to the boundary adjustment from a land use 
authority under Subsection 
10-9a-523(3)
 or (6) or Subsection 
17-27a-522(3)
 or (6).
(c)
Upon receipt of a conveyance document, or any exhibit to a conveyance document, 
that is not in a legible and recordable format, a county recorder shall provide the 
person submitting the conveyance document with an explanation of the corrections 
necessary to record the conveyance document.
(5)
The recording of a boundary adjustment presumptively:
(a)
relocates an existing boundary by creating a new boundary between the adjoining 
properties;
(b)
changes the size, shape, or configuration of two or more adjoining lots or parcels;
(c)
does not affect any previously recorded easement unless the easement is expressly 
and properly modified by the boundary adjustment; and
(d)
affixes the ownership of the adjoining parties to the adjusted boundary.
Section 15, Section 
57-8-32
 is amended to read:
57-8-32
. Sale of property and common areas and facilities.
(1)
Subject to Subsection 
10-9a-605
(5) 
10-9a-606(5)
or 
17-27a-606
(5), unless otherwise 
provided in the declaration or bylaws, and notwithstanding the provisions of Sections 
57-8-30
 and 
57-8-31
, the unit owners may by an affirmative vote of at least 67% of unit 
owners, elect to sell, convey, transfer, or otherwise dispose of the property or all or part 
of the common areas and facilities.
(2)
An affirmative vote described in Subsection (1) is binding upon all unit owners, and 
each unit owner shall execute and deliver the appropriate instruments and perform all 
acts as necessary to 
effect
affect
 the sale, conveyance, transfer, or other disposition of 
the property or common areas and facilities.
(3)
The general easement of ingress, egress, and use of the common areas and facilities 
granted to an association and unit owners through recorded governing documents is 
extinguished in any portion of the common areas and facilities the unit owners sell, 
convey, transfer, or otherwise dispose of, if:
(a)
the unit owners, in selling, conveying, transferring, or otherwise disposing of the 
portion of the common areas and facilities, comply with:
(i)
the provisions of this section; and
(ii)
Section 
10-9a-606
 or 
17-27a-606
; and
(b)
the sale, conveyance, transfer, or other disposition of the portion of the common 
areas and facilities results in a person other than the association or a unit owner 
owning the portion of the common areas and facilities.
(4)
This section applies to an association of unit owners regardless of when the association 
of unit owners is created.
Section 16. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 10:37 PM