All Roll Calls
Yes: 129 • No: 23
UtahS.B. 2842026 General SessionSenateWALLET
Local Land and Water Modifications
Sponsored By: Lincoln Fillmore (Republican)
Signed by Governor
CountiesEnvironmentLand UseWorkforce ServicesWater RightsMunicipalitiesPolitical Subdivisions (Local Issues)County and Municipal FinanceIncorporationLocal Taxation and FeesPermitsPlanning and ZoningWater
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Bill Overview
Analyzed Economic Effects
26 provisions identified: 15 benefits, 0 costs, 11 mixed.
Detached ADUs allowed on large lots
Beginning October 1, 2026, cities must allow one detached accessory dwelling unit on any lot 11,000 sq ft or larger with a permitted single‑family home. No conditional use permit is allowed in mostly residential zones. Parking is capped at one on‑site space if the ADU is under 650 sq ft, and two spaces if 650 sq ft or larger. Cities may require the owner to live on site, ban rentals under 90 days, and block ADUs where utility access or capacity is not adequate.
Fairer fees and water exactions
Cities may impose exactions only when tied to a real government need and roughly matched to a project’s impact. Water‑interest exactions must use system‑wide standards and equivalent residential connections; you can present five years of usage data to seek a lower amount, and the method must be public. If a government exaction is for another agency, that agency must request it and receive it. If a city or special district plans to sell surplus land acquired by exaction and owned less than 15 years, it must first offer it back to the original grantor, who has 90 days to accept. These rules take effect May 6, 2026.
Fairer water exaction fees and planning
Water providers can charge a water‑interest fee only when it matches a project’s impact and a real public need. They must use system standards and equivalent residential connections, and share their math. If you show up to five years of lower use, your fee can go down. No water‑interest fee is allowed if the authority already has enough water interest or lacks the required written plan. Most rules start May 6, 2026; the written plan is required by January 1, 2028. When a water provider commits to serve a project, it must follow key city land‑use rules.
Faster, fairer land use approvals
If you file a complete land use application and pay the fees, the city or county reviews it under the rules in place that day and must approve it if it complies. They must keep processing after 180 days even if they started a rule change and have not passed it yet, or if recent temporary rules blocked applications. Starting October 1, 2026, cities and counties must post clear application checklists online. Counties must also post all land use rules and full fee schedules online. These changes take effect mostly on May 6, 2026, with the checklists due by October 1, 2026.
Caps on subdivision bonds and deposits
Cities cannot require completion assurances for certain already‑inspected public landscaping or nonessential private work. Total completion assurance is capped at 100% of the estimated cost plus up to 10% for admin costs. Cities may require up to a 10% deposit for warranties in limited cases. Each assurance is handled on its own, and approved improvements must be allowed to be installed. These rules apply beginning May 6, 2026.
Clear path for new business uses
If your proposed business use is not listed in city rules, the city must follow a set process to review it. You can request a classification, appeal decisions to the land use appeal authority, and get a final decision from the city’s legislative body. The city may not force these applications through the planning commission. This takes effect May 6, 2026.
Counties can't limit your crops
If your land is zoned agricultural or assessed as farmland, the county cannot restrict which crops you grow. This protects farmers’ choice of crops starting May 6, 2026.
Stronger water planning and nonuse rights
The state engineer sets rules for how public water suppliers plan for future needs, including population, drought, and conservation. The planning horizon is 40 years, and a system’s service area grows as its pipes grow. Water‑right holders can pause use for up to seven years for reasons like hardship, conservation, legal cases, or lost capacity, and get a 60‑day notice before approval ends. These changes take effect May 6, 2026.
No surprise rules or delayed occupancy
After you submit a complete application, a city cannot add new requirements that were not in law or city specs that day. If you already have a permit or final plat, the city cannot pile on new conditions. Cities cannot deny a permit or occupancy just for missing a private landscaping plan or a school district letter. Once a building permit is issued, the city cannot change it or revoke it unless you ask or the state building code requires it. Homes in an infrastructure financing district must show the assessment lien is released after full payment before final inspection and occupancy. Most rules start May 6, 2026.
32-foot cap on neighborhood pavement
Cities cannot require paving a residential road wider than 32 feet, except for listed engineering or safety reasons. If a city requires more, you can appeal to a three‑engineer panel. You pay half of the panel’s cost and the city’s published appeal fee. The panel’s decision is final unless you ask a court to review it within 30 days. This applies beginning May 6, 2026.
Cities must set commission rules and training
Each city must pass an ordinance that sets planning commission size, terms, appointments, removal grounds, and meeting rules. Members must follow recusal rules. Many cities must ensure each commissioner completes four hours of yearly training; new members must finish a one‑hour basics course before acting. Cities may cover per diem or travel. These rules take effect May 6, 2026.
Faster steps for modified incorporation requests
Sponsors can file a modified feasibility request to change boundaries in listed situations. If land is added, new specified owners get mailed notice within seven days and have 30 days to ask for exclusion. A timely modified request keeps the original processing priority. Within 20 days of filing, the clerk and lieutenant governor start standard steps. After payment, the same consultant is hired within 10 days; a draft is due in 30 days and the final in 45 days. For added land, hiring waits until the exclusion window closes and decisions are final. Effective May 6, 2026.
Legal protections for city officers
A municipal officer who reasonably relies on an ordinance is not criminally liable for enforcing it. The officer also has a defense to punitive damages if they acted in good faith or on legal advice. These protections apply now under state law.
Clearer land use notices and terms
Counties must mail notice at least 10 days before the first hearing and give public notice for at least 10 days. Zoning text changes must include a plain‑language summary or a direct link. Owners get courtesy notices for map changes with current and proposed zones and hearing info. The law defines accessory dwelling units and other land‑use terms. It also clarifies which ordinance updates are just ministerial for reduced notice. Effective May 6, 2026.
Neutral land use advisory opinions expand
Property owners, local governments, and private parties can ask a neutral third party for written advisory opinions on more land use, exactions, water, and impact fee issues. Owners can also ask if a condemning entity’s occupancy is a taking. A court may award attorney fees only if it later finds the entity had no good claim and ignored the advisory opinion without paying. Effective May 6, 2026.
Rules lock in for public projects
When a public agency submits a qualifying development plan and schedule, it locks in the city’s zoning, maps, hookup fees, impact fees, and other development fees in place on the filing date. This rule takes effect May 6, 2026.
New rules for land use appeals
Appeal bodies must read the rules in favor of an application unless a rule plainly blocks it. Applicants on appeal must prove a decision is illegal or lacks substantial evidence; neighbors must prove illegality or clearly wrong facts. Appeal hearings may limit speakers to the appellant, the applicant, and the county. Some counties cannot use their legislative body as the appeal board after July 1, 2026, except for older, filed appeals. You must finish local appeals before going to court and file in court within 30 days; courts mostly review the record. These rules take effect May 6, 2026 unless noted.
Sidewalk assurances and occupancy rules
If a builder posts a sidewalk completion assurance, the city cannot refuse a building permit, plat recording, or other approvals just because the sidewalk is not yet built. The city must allow a separate sidewalk assurance and cannot cash it in sooner than 18 months. The city may withhold a certificate of occupancy until the adjacent sidewalk is finished and accepted. This takes effect May 6, 2026.
Stronger, clearer land use appeals
Cities must set up one or more appeal authorities for land use and fee appeals. Starting July 1, 2026, some cities may not use the city council as the appeal authority. Appeal bodies must favor an application unless a rule plainly blocks it and review facts de novo if no scope is set, or for substantial evidence if on-the-record. In appeals, applicants must prove illegality or lack of substantial evidence; other harmed parties must prove illegality or clearly wrong facts. Only the appellant, the land use applicant, and the city may speak at appeal hearings.
Cities get broader rulemaking power
Cities may pass ordinances to regulate or require activities and businesses as allowed by law. The law removes a special rule that treated open houses differently, so they are handled like other activities. Effective May 6, 2026.
New timelines for city incorporation
Sponsors have 90 days after final study results to file a modified request, or 18 months from the original request if based on a denied annexation. Original signatures can be reused unless area changes exceed 20% by private land area or assessed value. Specified landowners have deadlines measured from the mailing date to request exclusion. If a supplemental study is noncompliant, the area’s incorporation cannot proceed and no new request may be filed for 18 months. Which version of the law applies depends on when the request was filed.
Sunset dates set for land-use rules
The law sets or updates repeal dates for several sections: some end July 1, 2026; others end July 1, 2027; January 1, 2028; July 1, 2028; or July 1, 2029, as listed in statute. These timing changes take effect May 6, 2026.
When these changes take effect
Most of the law starts on May 6, 2026. Rules tied to Section 10‑21‑304 start on October 1, 2026. These dates control when agencies and people must follow the new rules.
Faster action without commission reviews
Beginning September 15, 2026, a city or county legislative body may adopt or reject a land use rule without waiting for a planning commission. This applies if the applicant asks, or if leaders decide the commission had enough time. This can shorten the review path for some proposals.
County planning commissions and training
Counties must set up a countywide planning commission for unincorporated areas and adopt clear appointment, removal, recusal, and meeting rules. Planning commission members must complete four hours of land use training each year, including one hour on powers and duties before taking part in meetings. Counties must provide and track the training. These changes apply beginning May 6, 2026 and to counties meeting class and population thresholds.
New fund and fees for incorporations
The state creates a Municipal Incorporation Expendable Special Revenue Fund. The lieutenant governor sets and collects fees for incorporation steps and deposits them into the fund. New cities must pay these fees, pay the county for listed costs, and reimburse sponsors for study costs, with a payback plan up to five years. If an area does not incorporate and money is unpaid, the Legislature must refill the fund. Sponsors must pay estimated costs for supplemental studies within 20 days. Effective May 6, 2026.
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Sponsors & Cosponsors
Sponsor
Lincoln Fillmore
Republican • Senate
Cosponsors
Jill Koford
Republican • House
Roll Call Votes
House vote • 3/6/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 3/6/2026
House/ substituted
Yes: 0 • No: 0
House vote • 3/6/2026
House/ passed 3rd reading
Yes: 61 • No: 7
House vote • 3/6/2026
House/ circled
Yes: 0 • No: 0
Senate vote • 3/6/2026
Senate/ concurs with House amendment
Yes: 24 • No: 3
Senate vote • 2/26/2026
Senate/ passed 3rd reading
Yes: 21 • No: 3
Senate vote • 2/26/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/24/2026
Senate/ passed 2nd reading
Yes: 19 • No: 10
Senate vote • 2/24/2026
Senate/ substituted
Yes: 0 • No: 0
House vote • 2/17/2026
Senate Comm - Favorable Recommendation
Yes: 4 • No: 0
Actions Timeline
Governor Signed
3/18/2026Senate/ to Governor
3/13/2026SenateSenate/ received enrolled bill from Printing
3/13/2026SenateSenate/ enrolled bill to Printing
3/12/2026SenateEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/11/2026Bill Received from Senate for Enrolling
3/11/2026Senate/ signed by President/ sent for enrolling
3/11/2026SenateSenate/ received from House
3/11/2026SenateHouse/ to Senate
3/7/2026HouseHouse/ signed by Speaker/ returned to Senate
3/7/2026HouseHouse/ received from Senate
3/7/2026HouseSenate/ to House
3/6/2026SenateSenate/ concurs with House amendment
3/6/2026SenateSenate/ placed on Concurrence Calendar
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/6/2026HouseHouse/ passed 3rd reading
3/6/2026HouseHouse/ substituted
3/6/2026HouseHouse/ uncircled
3/6/2026HouseHouse/ circled
3/6/2026HouseHouse/ 3rd reading
3/6/2026HouseHouse/ 2nd reading
3/5/2026HouseHouse/ Rules to 3rd Reading Calendar
3/5/2026HouseHouse/ comm rpt/ sent to Rules
3/5/2026House
Bill Text
Enrolled
3/12/2026
Substitute #6
3/6/2026
Substitute #7
3/6/2026
Substitute #5
3/5/2026
Substitute #3
3/2/2026
Substitute #4
3/2/2026
Substitute #2
2/28/2026
Substitute #1
2/23/2026
Introduced
2/10/2026
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