# Utah H.B. 368: Local Land Use Amendments Utah H.B. 368, Local Land Use Amendments, is a 2025 General Session House bill sponsored by Stephen L. Whyte (Republican); status signed, last action 2025-03-26 (House/ to Governor); PRIA reads it as touching household money (as of 2026-10-17). - Canonical: https://policyrisk.com/state-bill/UT-HB368-2025GS - As of: 2026-10-17 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Utah H.B. 368 - State: Utah - Session: 2025 General Session - Title: Local Land Use Amendments - Status: signed - Chamber: House - Introduced: 2025-01-30 - Last action: 2025-03-26, House/ to Governor - Sponsor: Stephen L. Whyte (Republican) - Cosponsors: 1 - Subjects: Counties, Land Use, Local Government Boundaries, Municipalities, Political Subdivisions (Local Issues), Annexation, Local Government Ordinances, Permits, Planning and Zoning, Notice Requirements - Touches household money: yes - Roll calls: 12 (140 yes, 35 no in all) - Economic provisions PRIA read: 60 ## Summary No summary available. ## Bill overview: provisions PRIA read - Builders get reasons and delay reimbursements: benefit, medium. City and county land-use authorities must give specific written reasons within 15 days after finding subdivision improvements or warranty work below standards. When the list is late, applicants can send the required written notice requesting it. If the authority still fails to provide the list with… - Builders recover deposits and earned interest: benefit, medium. Municipalities must return 90% of each improvement category's completion assurance within 15 days after acceptance and complete as-built drawings. The clock starts after whichever event happens later. The remaining 10% and any remaining specified bond are due within 15 days after warranty expiratio… - Annexation sponsors can fix rejected petitions: benefit, low. Beginning May 7, 2025, municipal records officers must send written annexation-petition certification or rejection notices to sponsors and city and county lawmakers. The certification notice's mailing or delivery date counts as the certification date. Sponsors can correct rejection problems and ref… - Applicants can challenge development water charges: benefit, low. Since May 7, 2025, municipalities must publish how they calculate drinking-water exactions using equivalent residential connections and usage data. These are water contributions required for development, not ordinary monthly water bills. Land-use applicants can appeal to the municipality's governin… - Builders gain private inspection choices: benefit, low. Beginning May 7, 2025, fee-charging cities must inspect within three business days or allow a state-listed firm; later requested dates must be honored. Inspectors must give written code-violation notices that day and supply code references on request. Separately, applicants may notify the local reg… - Builders get completion security exemptions: benefit, low. Beginning May 7, 2025, cities cannot require completion security for private landscaping plans or improvements already covered by separate security. An exemption also covers improvements applicants choose to install at their own risk before the subdivision map is recorded. That early work must use… - Builders get warranty decisions on deadlines: benefit, low. Beginning May 7, 2025, cities must decide warranty-work requests within 15 days in first- through fourth-class cities. Fifth-class cities and towns have 30 days after a written request. Winter delays require timely notice and action as soon as practical; extraordinary events require notice and acti… - Building applicants get deadlines and refunds: benefit, low. Since May 7, 2025, municipalities must screen plan applications during the three business days following submission. Incomplete-application notice before 5 p.m. on the last day permits a pause or rejection; later notice requires review to begin. Resubmitting a rejected application starts a new scre… - Cities face building plan review fee caps: benefit, low. Beginning May 7, 2025, municipal review fees for residential and commercial building plans face caps. The fee cannot exceed actual review costs or 65% of the building permit fee, whichever is less. For identical plans, the limit is actual review costs or 30% of the standard review charge, whichever… - Cities gain tools for focused reviews: benefit, low. Beginning May 7, 2025, city building plan reviews are limited to listed checks, including construction and energy codes, local ordinances, structural review, fees, and agency approvals. Storm-water permits are outside plan review, although applications must include a promise to obtain them. Cities… - Developers face fewer county approval steps: benefit, low. Beginning May 7, 2025, counties cannot require public hearings for variance requests or land-use appeals; other review steps remain. Counties also no longer need the former city-notice and response process before approving covered expansion-area development. That process allowed city consent, an ob… - Homebuilders gain review deadlines and safeguards: benefit, low. Beginning May 7, 2025, city reviews must finish after screening within 14 business days for one- or two-family homes and townhomes. Other covered residential buildings get 21 business days; lodging establishments are excluded. Late incomplete-application notices can pause the final five days until… - Landscaping plans cannot block building permits: benefit, low. Beginning May 7, 2025, cities cannot withhold building permits or occupancy certificates because private landscaping plans are missing. Cities can still require the plans before landscaping is installed. Counties cannot require private landscaping plans with building-permit applications. Counties a… - Limits on homeowners’ public upkeep duties: benefit, low. Beginning May 7, 2025, cities and counties generally cannot force private owners or homeowners associations to maintain public amenities or water utilities forever. Exceptions cover adjacent land through the curb line, including sidewalks and park strips. Duties accepted in a covenant, utility-serv… - More flexibility when submitting building applications: benefit, low. Cities and counties cannot cap the number of applications submitted through the covered building plan-review process. They also cannot refuse building permit fee payments offered with those applications. If payment is not required then, they may require it after plan approval and before issuing the… - Private landscaping cannot hold up permits: benefit, low. Beginning May 7, 2025, cities cannot require private landscaping plans with building permit applications. They also cannot deny building permits or occupancy certificates because those plans are missing or nonpublic landscaping is unfinished. Counties may require a private landscaping plan before i… - Unfinished infrastructure rarely blocks county permits: benefit, low. Beginning May 7, 2025, counties that accept public-improvement completion security cannot deny building permits when building and fire codes are satisfied. Unfinished infrastructure generally cannot block permits or occupancy certificates. The exception requires accepted completion security and wor… - Builders get limited repeat-plan reviews: benefit, low. Beginning May 7, 2025, cities have limited review authority over qualifying repeat building plans. Plans must come from the same building-code adoption cycle, have no structural differences, and meet zoning and substantial-similarity requirements. Different orientations can still qualify, without r… - Deadlines for resolving city annexation disputes: benefit, low. Since May 7, 2025, counties must create a boundary commission within 30 days after a protest and fund its operations. The commission must schedule a hearing within 30 days after the filing period ends, with at least 14 days' notice. It must decide within 30 days after the hearing; unless already de… - More communities qualify to form municipalities: benefit, low. Since May 7, 2025, unincorporated areas qualify as towns with 100 to 999 people or cities with at least 1,000. The area must be contiguous or a community council area, and cannot already belong to a municipality. Separate islands in one community council area can incorporate together when their fea… - Clearer records for city boundary changes: benefit, low. Since May 7, 2025, city boundary adjustments use the annexation framework's private-property valuation and owner-signature rules. Property values use the latest county tax assessment roll. A city receiving land from another city must file notice and a boundary map and record the change using annexa… - Builders get faster repeat-plan reviews: benefit, low. Since May 7, 2025, cities and counties must approve or reject qualifying identical building plans within five business days. Plans must be substantially identical to the approved original, with no structural changes. Applicants must label the submission as identical, identify the original plan or i… - City development standards follow land-use protections: benefit, low. Beginning May 7, 2025, the land-use chapter applies to all Utah cities, including charter cities. Engineering and development standards for public improvements count as land-use regulations. Temporary engineering changes are excluded only when they neither materially raise development costs nor mat… - Counties face limits on improvement security: benefit, low. Beginning May 7, 2025, counties cannot demand completion security for accepted work, separately secured work, or private landscaping plans. Exemptions also cover nonpublic landscaping unless a development agreement requires it, and private infrastructure not needed for listed safety requirements. A… - County building review fees face caps: benefit, low. Beginning May 7, 2025, county commercial and residential plan-review fees cannot exceed actual review costs or 65% of the building permit fee, whichever is lower. Qualifying identical-plan reviews are capped at actual cost or 30% of the regular review fee, whichever is lower. Repeat plans qualify w… - County improvement inspections get firm deadlines: benefit, low. Beginning May 7, 2025, county land-use authorities generally must accept or reject subdivision improvements within 15 days of written requests. Warranty-work deadlines are 15 days in first- through third-class counties and 30 days in fourth- through sixth-class counties. Winter weather allows delay… - Development rights can cross local borders: benefit, low. Beginning May 7, 2025, development-right sending and receiving zones can cross city boundaries into another city or unincorporated county land. The law removes city-only wording from the zone definitions. Every city or county with land inside a zone must adopt an ordinance designating it. Local ord… - Development-rights zones can cross local borders: benefit, low. Beginning May 7, 2025, counties may designate development-rights sending or receiving zones that extend into cities or other counties. Each local government with land in the zone must adopt an ordinance designating it. Transfers remain subject to the law’s ordinance requirements. - Homebuilding can proceed before sidewalk completion: benefit, low. Beginning May 7, 2025, posted sidewalk security prevents cities from withholding permits for single-family homes, two-family homes, or townhomes over unfinished sidewalks. It also prevents sidewalk-based blocks on construction, plat recording, or acceptance of public improvements. Cities must allow… - Land-use hearings and legal classifications change: benefit, low. Beginning May 7, 2025, cities cannot require public hearings for variance requests or land-use appeals. The law also classifies county engineering and development standards for public improvements as land-use regulations. That places those standards within the legal category of legislative decision… - Builders face penalties for deceptive plans: cost, medium. Since May 7, 2025, cities and counties can fine applicants who knowingly label nonidentical plans as identical to deceive reviewers. If approval came before discovery, the fine can reach three times the building permit fee. Otherwise, the fine can equal the permit fee that would have applied. Appli… - Builders face road maintenance and access duties: cost, low. Beginning May 7, 2025, cities and counties can require builders to maintain temporary fire roads serving construction, using adopted standards. Both can require temporary signs at every street intersection once a new road allows motor vehicles through. Counties can require a permanent road, asphalt… - Local compliance can delay building occupancy: cost, low. Beginning May 7, 2025, counties can withhold building permits or occupancy certificates to enforce local ordinances, within state-law limits. Cities can withhold occupancy certificates when required financial security for unfinished public landscaping or infrastructure is missing. The city's securi… - Service applicants must provide district assurances: cost, low. Before a special district begins service, the applicant must provide both an improvement assurance and an improvement assurance warranty. Both are prerequisites to receiving service. The provision states no required dollar amount. - Annexed property can retain bond taxes: cost, low. Since May 7, 2025, annexations cannot endanger general obligation or revenue bonds. Bondholders can require property taxes from land that leaves the bond issuer's boundaries through annexation. This applies when the land counted toward the issuer's taxable value when the bond was issued. The law se… - Boundary changes do not erase bond taxes: cost, low. Beginning May 7, 2025, municipal boundary adjustments cannot endanger general obligation or revenue bonds. Bondholders can require property taxes from areas that leave the issuer’s boundaries through a boundary adjustment. This applies only to areas counted in the issuer’s taxable value when the bo… - Financial tests limit new city formation: cost, low. Incorporation cannot proceed unless projected average annual revenue is more than 5% above projected average annual costs. A later supplemental study can establish that the threshold is met. A community council area also cannot incorporate if its study finds the plan unworkable or financially infea… - Incorporation sponsors and towns face costs: cost, low. Beginning May 7, 2025, cross-county incorporation study requests must be filed in every affected county. Those counties must coordinate under the lieutenant governor’s direction. Sponsors must pay the lieutenant governor the estimated study cost for studies conducted on or after May 1, 2024. The li… - Special districts must follow land-use laws: cost, low. Special districts must follow applicable municipal or county land-use laws when a land-use authority consults them during development review. This also applies when the authority otherwise lets them take part in development review or approval. The compliance duty extends beyond the district’s role… - New training and county fire-code authority: cost, low. Since May 7, 2025, people calculating home heating and cooling needs must complete a recognized training route. Options include Air Conditioning Contractors of America education, recognized school training, equipment-manufacturer training, or another recognized industry certification. Counties can… - County development security gets caps and deadlines: mixed, medium. Beginning May 7, 2025, county applicants generally must finish required public improvements or post security before development or subdivision-map recording. Security covers 100% of unfinished work, with a ceiling of estimated improvement costs plus up to 10% for county administration. Estimates re… - Builders face capped public improvement warranties: mixed, low. Beginning May 7, 2025, cities can require improvement warranties, but public-landscaping warranties cannot exceed one year after acceptance. Longer infrastructure warranties require an industry-based, good-cause finding that one year inadequately protects public health, safety, and welfare. They al… - Builders get clearer application document rules: mixed, low. The law defines complete city and county applications: applicant and contractor details, site and construction plans, utilities, exits, energy documents, structural calculations, and review fees. Applicants must promise to obtain storm-water permits before disturbing land and follow local ordinance… - Owner consent protections and protest limits: mixed, low. Since May 7, 2025, only affected entities' governing bodies, rural-property owners, and private owners in mining protection areas may protest annexation petitions. Protests must reach the county clerk within 30 days after certification and explain each reason with supporting information and a notic… - Property owners get boundary signing rules: mixed, low. Beginning May 7, 2025, boundary petitions and protests use private-property values from the last county assessment roll before filing. A parcel counts toward required land coverage only when signers hold a majority ownership interest. For joint tenants or tenants in the entirety, 50% of owners must… - Surrounded communities automatically join cities: mixed, low. On July 1, 2027, unincorporated islands in first-class counties automatically join the most populous bordering municipality. This applies when municipal land in that county completely surrounds the island. Another bordering municipality can receive the island if both municipalities approve resoluti… - Water-saving yards protected, but reviews allowed: mixed, low. Beginning May 7, 2025, counties cannot ban water-wise landscaping or require lawn in areas less than eight feet wide. Counties may still require reviews, healthy plants, and design rules, including plant coverage and restrictions on mulch or plants. Cities may require a separate landscaping review,… - New towns get service safeguards and conditions: mixed, low. Beginning May 7, 2025, community council incorporation alone leaves service-provider boundaries unchanged, including those serving previously unincorporated islands. Later provider boundary changes must be allowed by law. Studies must assess service-cost options, household taxes, district-wide effe… - Residents control votes on new municipalities: mixed, low. Since May 7, 2025, only registered voters living inside the proposed municipality can vote on incorporation. Incorporation requires a majority of votes in favor. In community council areas with separate islands, an island that votes against incorporation is excluded. Approving islands can incorpora… - Cities gain more petition-free annexation options: mixed, low. Since May 7, 2025, cities can annex qualifying unincorporated islands or connected peninsulas without a petition. Routes include mainly residential or commercial areas needing services mostly provided by the city for over one year; areas with fewer than 800 residents per island or peninsula and one… - City expansion faces limits and exceptions: mixed, low. Beginning May 7, 2025, annexed land must lie within a city's planned expansion area and meet other annexation requirements. Cities cannot annex solely for revenue or to block another city unless able and intending to benefit the area through services. Both restrictions now apply beyond previously s… - City expansion plans require public input: mixed, low. Beginning May 7, 2025, cities generally must prepare and adopt an annexation plan before adding unincorporated land. Planning commissions recommend plans; the process requires public meetings, hearings, Class A notice, and 14 days' notice to affected entities. Cities must consider their comments, a… - New notices for proposed city annexations: mixed, low. Since May 7, 2025, petition sponsors must send the county clerk a copy on the filing date. After certification, municipalities must give public notice within 10 days for the proposed area and nearby unincorporated land within one-half mile. They must mail affected entities notice within 20 days, ex… - Public property transfers need approval safeguards: mixed, low. The law sets separate deed procedures for public-to-public transfers, tax sales with no purchaser, and transfers from private owners. Private transfers need a recorded public-entity affidavit or a notarized deed signed by the owner and an authorized public representative. For deeds recorded after J… - Residents get revised zoning notice rules: mixed, low. Beginning May 7, 2025, listed routine city land-use changes can use Class A notice at least 10 calendar days before hearings. Counties must give at least 10 days' notice, using Class A for routine proposals and Class B for others. Routine changes cover listed legal, zoning, clerical, code-reorganiz… - Building progress tied to safety assurances: mixed, low. Beginning May 7, 2025, cities generally cannot deny permits or occupancy for unfinished public improvements after accepting financial security. Essential safety needs remain, including working hydrants, compacted temporary road bases for permits, and safe access for occupancy. Counties may withhold… - Counties gain power over expansion-area development: mixed, low. Since May 7, 2025, counties can approve urban development in a city's adopted expansion area after notifying the city. The county can proceed with written city consent or no response within 90 days. If the city objects within 90 days, the county can still approve after answering the objection in wr… - County warranties have security and limits: mixed, low. Counties may require improvement warranty security, capped at 10% of the lower of the engineer’s original estimate or the applicant’s reasonable proven cost. Beginning May 7, 2025, that deposit cannot be required before a written request stating the work is complete. The security lasts through the… - Home energy options carry performance requirements: mixed, low. Beginning May 7, 2025, qualifying National Green Building Standard Gold energy ratings count as exceeding code, alongside required table and building-shell standards. Residential energy alternatives include RESCheck 2012 showing 5% better performance in climate zones 5 and 6. Zone 3 software uses w… - Home energy testing and equipment change: mixed, low. Beginning May 7, 2025, code officials may allow builders to certify components that cannot be checked during regular inspections. Air-leakage and duct testers must have specified certifications or qualifying contractor training. Duct-leakage testing is waived when no air handlers or ducts are in un… ## Sponsors and cosponsors - Sponsor: Stephen L. Whyte (Republican), House - Cosponsor: Lincoln Fillmore (Republican), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-03-07 | House | House/ concurs with Senate amendment | pass | 47 | 22 | | | 2025-03-07 | Senate | Senate/ passed 2nd & 3rd readings/ suspension | pass | 27 | 0 | | | 2025-02-27 | Senate | Senate Comm - Substitute Recommendation | pass | 3 | 0 | | | 2025-02-27 | Senate | Senate Comm - Favorable Recommendation | pass | 3 | 0 | | | 2025-02-24 | House | House/ passed 3rd reading | pass | 53 | 13 | | | 2025-02-24 | House | House/ uncircled | fail | 0 | 0 | | | 2025-02-24 | House | House/ substituted | fail | 0 | 0 | | | 2025-02-20 | House | House/ circled | fail | 0 | 0 | | | 2025-02-13 | House | House Comm - Favorable Recommendation | pass | 7 | 0 | | | | House | House/ circled | fail | 0 | 0 | | | | House | House/ substituted | fail | 0 | 0 | | | | House | House/ uncircled | fail | 0 | 0 | | ## Actions (45) - 2025-03-26: Governor Signed - 2025-03-17: House/ to Governor (House) - 2025-03-17: House/ received enrolled bill from Printing (House) - 2025-03-14: House/ enrolled bill to Printing (House) - 2025-03-14: Enrolled Bill Returned to House or Senate - 2025-03-12: Draft of Enrolled Bill Prepared - 2025-03-12: Bill Received from House for Enrolling - 2025-03-12: House/ signed by Speaker/ sent for enrolling (House) - 2025-03-12: House/ received from Senate (House) - 2025-03-08: Senate/ to House (Senate) - 2025-03-08: Senate/ signed by President/ returned to House (Senate) - 2025-03-08: Senate/ received from House (Senate) - 2025-03-07: House/ to Senate (House) - 2025-03-07: House/ concurs with Senate amendment (House) - 2025-03-07: House/ placed on Concurrence Calendar (House) - 2025-03-07: House/ received from Senate (House) - 2025-03-07: Senate/ to House with amendments (Senate) - 2025-03-07: Senate/ passed 2nd & 3rd readings/ suspension (Senate) - 2025-03-07: Senate/ 2nd & 3rd readings/ suspension (Senate) - 2025-03-07: Senate/ Rules to 2nd Reading Calendar (Senate) - 2025-03-07: Senate/ 2nd Reading Calendar to Rules (Senate) - 2025-03-07: Senate/ Rules to 2nd Reading Calendar (Senate) - 2025-03-05: Senate/ 2nd Reading Calendar to Rules (Senate) - 2025-02-28: Senate/ placed on 2nd Reading Calendar (Senate) - 2025-02-28: Senate/ comm rpt/ substituted (Senate) - 2025-02-27: Senate Comm - Favorable Recommendation (Senate) - 2025-02-27: Senate Comm - Substitute Recommendation (Senate) - 2025-02-26: Senate/ to standing committee (Senate) - 2025-02-25: Senate/ 1st reading (Introduced) (Senate) - 2025-02-25: Senate/ received from House (Senate) - 2025-02-24: House/ to Senate (House) - 2025-02-24: House/ passed 3rd reading (House) - 2025-02-24: House/ substituted (House) - 2025-02-24: House/ uncircled (House) - 2025-02-20: House/ circled (House) - 2025-02-20: House/ 3rd reading (House) - 2025-02-13: House/ 2nd reading (House) - 2025-02-13: House/ committee report favorable (House) - 2025-02-13: House Comm - Favorable Recommendation (House) - 2025-02-10: House/ to standing committee (House) - 2025-02-10: Bill Substituted by Sponsor in House Rules Comm - 2025-02-06: House/ received fiscal note from Fiscal Analyst (House) - 2025-01-31: House/ 1st reading (Introduced) (House) - 2025-01-31: House/ received bill from Legislative Research (House) - 2025-01-30: Numbered Bill Publicly Distributed ## Bill text - Enrolled, 2025-03-14: [PDF](https://le.utah.gov/Session/2025/bills/enrolled/HB0368.pdf) - Substitute #3, 2025-02-27: [PDF](https://le.utah.gov/Session/2025/bills/introduced/HB0368S03.pdf) - Substitute #2, 2025-02-21: [PDF](https://le.utah.gov/Session/2025/bills/introduced/HB0368S02.pdf) - Substitute #1, 2025-01-31: [PDF](https://le.utah.gov/Session/2025/bills/introduced/HB0368S01.pdf) - Introduced, 2025-01-30: [PDF](https://le.utah.gov/Session/2025/bills/introduced/HB0368.pdf) ## Related bills - S.B. 199: Guardianship Amendments (signed) - H.B. 562: Law Enforcement and Criminal Justice Amendments (signed) - H.B. 493: Medical Examiner Amendments (signed) - H.B. 482: Health and Human Services Reporting Requirements (signed) - S.B. 197: Property Tax Amendments (vetoed) - S.B. 3: Appropriations Adjustments (signed) ## Sources - [Enrolled (PDF)](https://le.utah.gov/Session/2025/bills/enrolled/HB0368.pdf) - [Substitute #3 (PDF)](https://le.utah.gov/Session/2025/bills/introduced/HB0368S03.pdf) - [Substitute #2 (PDF)](https://le.utah.gov/Session/2025/bills/introduced/HB0368S02.pdf) - [Substitute #1 (PDF)](https://le.utah.gov/Session/2025/bills/introduced/HB0368S01.pdf) - [Introduced (PDF)](https://le.utah.gov/Session/2025/bills/introduced/HB0368.pdf) ## Related - [S.B. 199: Guardianship Amendments](https://policyrisk.com/state-bill/UT-SB199-2025GS) - [H.B. 562: Law Enforcement and Criminal Justice Amendments](https://policyrisk.com/state-bill/UT-HB562-2025GS) - [H.B. 493: Medical Examiner Amendments](https://policyrisk.com/state-bill/UT-HB493-2025GS) - [H.B. 482: Health and Human Services Reporting Requirements](https://policyrisk.com/state-bill/UT-HB482-2025GS) - [S.B. 197: Property Tax Amendments](https://policyrisk.com/state-bill/UT-SB197-2025GS) - [S.B. 3: Appropriations Adjustments](https://policyrisk.com/state-bill/UT-SB3-2025GS) - [Utah bills](https://policyrisk.com/states/utah/bills) - [Utah state hub](https://policyrisk.com/states/utah) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/UT-HB368-2025GS (as of 2026-10-17).