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S.B. 284

Signed into Law

Local Land and Water Modifications

SB0284S06 (Substitute)

Rep. Jill Koford
Rep. Jill KofordFloor Sponsor
View on le.utah.gov
S.B. 284Signed into Law

Local Land and Water Modifications

Senate
House
Governor

What This Bill Does

This bill modifies provisions related to local land use and water

Key Provisions

This bill:

  • defines terms;
  • amends requirements for a modified feasibility request related to a proposed municipal incorporation;
  • clarifies standards for county and municipal land use regulations and requirements;
  • modified requirements for an ordinance establishing a planning commission;
  • modifies planning commission powers and duties;
  • modifies the process for reviewing and approving a new or unlisted business use;
  • establishes requirements for regulating structure height;
  • requires a county or municipal legislative body to make a decision on proposed land use regulation if the planning commission fails to make a timely recommendation;
  • requires counties, municipalities, and special districts to adopt a written plan, beginning on January 1, 2028, for determining the reasonable future water requirement of the public before imposing a water exaction (written plan);
  • requires the state engineer to make rules to establish standards for the written plan;
  • addresses exaction for water and a land use authority's review of a land use application;
  • modifies the requirement to place certain infrastructure completion assurances in an interest-bearing account;
  • establishes requirements relating to development agreements;
  • modifies the burden of proving that a land use authority's decision was arbitrary, capricious, or illegal;
  • addresses requirements relating to an appeal or variance hearing;
  • prohibits a legislative body from acting as an appeal authority;
  • modifies the standard of review of a land use authority's decision to deny or approve a land use application;
  • modifies appeal requirements;
  • requires a specified municipality to allow a detached accessory dwelling unit as a permitted use in certain zones;
  • clarifies notice requirements for a proposed county land use ordinance that is ministerial in nature;
  • modifies a county's authority to deny an applicant a building permit or certificate of occupancy if the applicant has not completed an infrastructure improvement; and
  • makes technical and conforming changes.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

This wide-ranging land use bill makes dozens of changes to how Utah counties, cities, and special districts regulate development, water, and planning processes. Among its most significant changes: it requires municipalities of a certain size to allow detached accessory dwelling units (small, separate living structures on a residential lot) as a permitted use in qualifying zones; it prohibits city and county legislative bodies from serving as their own appeal authority when residents challenge land use decisions; and it requires local governments to adopt a written plan by January 1, 2028, before they can impose water exactions (fees or dedications of water rights required as a condition of development approval), with the state engineer setting the standards for those plans. The bill also adjusts how planning commissions operate, including allowing the elected legislative body to step in and decide on land use regulations if a planning commission misses its deadline for a recommendation.