Title 76, Title 76

(1) Prior to enacting an ordinance creating a city planning board, the city council shall notify in writing the county commissioners of the county in which the city is located of their intention to form a city planning board. (2) The board of county commissioners shall elect to f…

(1) To ensure the promotion of public health, safety, morals, convenience, or order or the general welfare and for the sake of efficiency and economy in the process of community development, if requested by the governing body, the planning board shall prepare a growth policy and …

(1) Except as provided in subsection (2), the governing body of any city, town, or county that has formed a planning board and adopted a growth policy pursuant to this chapter and subdivision regulations pursuant to chapter 3 shall seek the advice of the appropriate planning boar…

The city council may in its discretion require the city-county planning board to function as the zoning commission authorized under 76-2-307.

The governing bodies of the city or county shall give consideration to recommendations of the city-county planning board, but the governing bodies shall not be bound by such recommendations.

Whenever the board undertakes the preparation of a growth policy, the departments and officials of state, city, county, and separate taxing units operating within lands under the jurisdiction of the board shall make available, upon the request of the board, information, documents…

(1) Any city, county, or town or any combination of cities, counties, or towns wishing to be represented upon an existing planning board may, by agreement of the governing body or bodies then represented on the board, obtain representation on the board and share in the membership…

(1) Any existing city, county, or city-county planning board may form a joint or consolidated planning board with any other existing city, county, or city-county planning board or with any combination of these boards. (2) The manner of combination must be by interlocal agreement …

(1) Except as provided in subsection (2), nothing in this chapter may be considered to authorize an ordinance, resolution, or rule that would prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner thereof. (2) The complet…

(1) The governing body of a city, county, or consolidated city-county may consolidate any combination of a planning board or planning boards as authorized in Title 76, chapter 1, a zoning commission as provided in 76-2-220 and 76-2-307, and a board of adjustment as provided in 76…

(1) Except as provided in subsection (2), a city-county planning board consists of no fewer than nine members to be appointed as follows: (a) two official members who reside outside the city limits but within the jurisdictional area of the city-county planning board to be appoint…

(1) The citizen members of the city-county planning board shall be resident freeholders in the area over which the planning board has jurisdiction; provided, however, that at least two of such members shall be resident freeholders in the area, if any, outside the city limits over…

The terms of the members who are officers of any governmental unit represented on the board shall be coextensive with their respective terms of office to which they have been elected or appointed; the terms of the other members shall be 2 years, except that the terms of the first…

(1) Vacancies occurring on the board of official members and by death or resignation of citizen members shall be filled for the unexpired term by the governing bodies having appointed them. (2) Vacancies occurring in citizen members on the county planning board at the end of a te…

(1) County planning boards consist of not less than five members appointed by the board of county commissioners. At least one member of a county planning board existing on or formed after July 1, 1973, must be a member of the governing board of a conservation district as provided…

(1) The citizen members of the county planning board shall be resident freeholders in the area over which the planning board has jurisdiction. (2) Any citizen appointee may be removed from office by a majority vote of the governing body of the governmental unit represented by suc…

(1) A city planning board shall consist of not less than seven members to be appointed as follows: (a) one member to be appointed by the city council from its membership; (b) one member to be appointed by the city council, who may in the discretion of the city council be an emplo…

(1) As soon as the city council has enacted an ordinance creating a city planning board, the city council shall select a member of its body to serve on the planning board. The term of the appointed member must be coextensive with the term of office to which the member has been el…

When a city council has enacted an ordinance creating a city planning board or when a vacancy occurs in the county's membership on the city planning board, the board of county commissioners of the county in which the city is located shall within 45 days designate a representative…

(1) The citizen members shall: (a) be qualified by knowledge and experience in matters pertaining to the development of the city; and (b) hold no other office in the city government. (2) Any citizen appointee may be removed from office by a majority vote of the governing body of …

(1) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October. (2) Special meetings of the planning board may be called by the president or by two members upon written request to the secretary. Th…

At its first regular meeting in each year, the board shall elect from its members a president and vice-president. The vice-president shall have authority to act as president of the board during the absence or disability of the president.

The city or county shall provide suitable offices for the holding of meetings and the preservation of plans, maps, documents, and accounts.

(1) A majority of members constitutes a quorum. (2) An action of the planning board is not official unless a quorum is present and unless the action is authorized by a majority of the quorum at a regular or properly called special meeting.

To effectuate the purpose of this chapter, the board shall have the power and duty to: (1) exercise general supervision of and make regulations for the administration of the affairs of the board; (2) prescribe uniform rules pertaining to investigations and hearings; (3) keep an a…

The governing body shall assign staff employed by the governing body to assist the planning board in conducting its duties. The planning board may delegate to assigned staff the authority to perform ministerial acts in all cases except when final action of the planning board is n…

(1) The members of planning boards shall receive no salary for serving on the planning board but may be reimbursed from local funds for transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable expenses incurred in attending plan…

(1) To effectuate the purpose of this chapter, the board shall have the power and duty to: (a) supervise the fiscal affairs and responsibilities of the board; (b) prepare and submit to the governing bodies represented on the board an annual budget in the same manner as other depa…

(1) After a city council has by ordinance, a board of county commissioners has by ordinance and resolution, or a city council and board of county commissioners have by ordinance and resolution created a planning board, the governing bodies represented upon such board may appropri…

When a county planning board has been established, the board of county commissioners may create a planning district that must include the property that lies outside the limits of the jurisdictional area, as established pursuant to 76-1-504 through 76-1-507 or as modified pursuant…

When a city-county planning board has been established, the board of county commissioners may create a planning district that must include the property within the jurisdictional areas as established pursuant to 76-1-504 through 76-1-507 that lies outside the limits of any incorpo…

Subject to 15-10-420, the governing body of any city or town represented on a planning board may levy a tax upon the taxable value of all taxable property located within the city or town for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.

(1) A city, county, or city-county planning board organized pursuant to the provisions of this chapter is hereby empowered and given the right to: (a) accept, receive, take, hold, own, and possess any gift, donation, grant, devise, or bequest or any property (real, personal, or m…

Upon approval of the governing bodies represented on the board, a planning board may accept, receive, and expend funds, grants, and services from the federal government or its agencies and instrumentalities, from state or local governments or their agencies and instrumentalities,…

(1) Governing bodies that have committed in a resolution to adopting or that have adopted a growth policy that includes the provisions of 76-1-601(4)(c) may assess planning fees to pay for services that fulfill the purposes of Title 76, chapter 1. The planning fees are in additio…

The board of county commissioners shall by resolution establish the jurisdictional area of the county planning board. The jurisdictional area shall include the area which is both outside the incorporated limits of any city in the county as well as outside the jurisdictional area …

The planning board, after the approval of the jurisdictional area by the board of county commissioners, shall file in the office of the clerk and recorder a map showing the boundaries of the jurisdictional area. The boundaries may be revised from time to time by resolution of the…

(1) In case an unincorporated area is within the potential jurisdiction of more than one planning board, then the boundary between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of their respective governing bodies. A…

The governing bodies represented on a city-county planning board shall by separate resolution establish the jurisdictional area of the planning board. The jurisdictional area shall include the area within the incorporated limits of the city and such contiguous unincorporated area…

(1) The boundaries of the jurisdictional area can be extended further than 4 1/2 miles from the limits of the cities only upon petition signed by 5% or more of the resident freeholders living in excess of 4 1/2 miles and not more than 12 miles from the limits of the cities and wi…

The planning board, after approval of the jurisdictional area by the governing bodies, shall file in the office of the clerk and recorder a map showing the boundaries of the jurisdictional area. The boundaries may be revised from time to time by resolutions of the governing bodie…

In case an unincorporated area is within the potential jurisdiction of more than one planning board, then the boundary between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of their respective governing bodies. A map…

(1) Any city-county planning board organized pursuant to the provisions of this chapter is hereby empowered, if requested by the board of county commissioners, to conduct specific planning projects within the county and outside of the jurisdictional area of said city-county plann…

(1) A growth policy may cover all or part of the jurisdictional area. (2) The extent to which a growth policy addresses the elements listed in subsection (3) is at the full discretion of the governing body. (3) A growth policy must include: (a) community goals and objectives; (b)…

(1) Prior to the submission of the proposed growth policy to the governing bodies, the board shall give notice and hold a public hearing on the growth policy. (2) The board shall publish a notice of the time and place of the hearing as provided in 7-1-2121 if the governing body i…

After consideration of the recommendations and suggestions elicited at the public hearing, the planning board shall by resolution: (1) recommend the proposed growth policy and any proposed ordinances and resolutions for its implementation to the governing bodies of the government…