Title 76, Title 76

(1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of this chapter. (2) (a) Except as provided in subsection (2)(b), any municipality that…

(1) (a) A local government shall provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant to this chapter. (b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations mus…

(1) The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with this part only after consideration by and on the recommendation of the planning commission. (2) Prior to making a recommendation to the governing body to ado…

(1) After a local government adopts a land use plan and future land use map in accordance with 76-25-201, the land use plan and future land use map must be reviewed by the planning commission every fifth year after adoption to determine whether an update to the land use plan and …

(1) The land use plan must include, at a minimum, inventories and descriptions of existing conditions of housing, local services and facilities, economic development, natural resources, environment, and hazards, and land use within the jurisdictional boundaries of the land use pl…

(1) A local governing body shall identify and analyze existing and projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified …

(1) The land use plan must: (a) determine the existing and anticipated levels of public safety and emergency services necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection, emergency management system agencies, and local healt…

(1) The land use plan must: (a) assess existing and potential commercial, industrial, small business, and institutional enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises; (b) summarize job composition and trends by ind…

(1) The land use plan must: (a) include inventories and maps of natural resources within the jurisdiction, including but not limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry lands, and other natural resources identif…

(1) A land use plan must include a future land use map and a written description of the proposed general distribution, location, and extent of residential, commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of public and …

(1) A local governing body may adopt area plans for a portion of the jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include but is not limited to a neighborhood plan, a corridor plan, or a subarea plan. (2) The adoption, …

(1) A local governing body may adopt issue plans for all or part of a jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan. (2) The adoption, amendment, or update of an issue plan must follow the same process as a land use plan pro…

(1) The land use plan and future land use map is not a regulatory document and must include an implementation section that: (a) establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the …

(1) (a) A local government subject to this chapter, within its respective jurisdiction, has the authority to and shall regulate the use of land in substantial compliance with its adopted land use plan by adopting zoning regulations. (b) The governing body of a county or city has …

(1) The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area: (a) allow, as a permitted use, for at least a dupl…

(Temporary) Limitations on zoning authority. (1) A local government acting pursuant to this part may not: (a) treat manufactured housing or factory-built housing units differently from any other residential units; (b) include in a zoning regulation any requirement to: (i) pay a f…

(1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission. (b) An amendment to an adopted zoning regulation or map may be initiated: (i) by majority vote of the governing body; (ii) …

(Temporary) Effect on zoning regulations and map. (1) After the adoption of a zoning regulation, map, or amendment pursuant to 76-25-304, any application proposing development of a site is subject to the process set forth in this section. (2) (a) When a proposed development lies …

(1) A municipality shall review and consider a proposed annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to 76-25-301(1)(c) following the procedures set forth in 76-25-305. (2) The joint public process authorized in subsection …

(1) A local government, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to adopting a zoning regulation, may adopt an interim zoning ordinance as an urgency measure to regulate or prohibit uses that may conflict with…

(1) (a) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations. (b) The governing body of a county or city has the authority to …

(1) The following divisions of land, if made in substantial compliance with zoning regulations adopted pursuant to Title 76, chapter 25, part 3, are not subject to the requirements of this chapter: (a) subject to subsection (2), the creation of four or fewer new lots or parcels f…

(1) (a) The governing body shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the planning commission. (b) An amendment to adopted subdivision regulations may be initiated: (i) by majority vote of the governing body; (ii) on peti…

(1) The subdivision regulations adopted under this part are limited to the following requirements: (a) the date the regulations initially become effective under this chapter and the effective dates and the ordinance numbers for all subsequent amendments; (b) design standards for …

(Temporary) Local review procedure for divisions of land. (1) An applicant may request a preapplication submittal and response from the planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days fr…

(1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year. (b) At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by writt…

(Temporary) Local review procedure for final plats. (1) The following must be submitted with a final plat application: (a) information demonstrating the final plat conforms to the written decision and all conditions of approval set forth on the preliminary plat; (b) a plat that m…

(1) (a) Except as provided in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and recorder before title to the land may be sold or transferred in any manner. The clerk and recorder of the county may not accept any final …

(1) Divisions of land under this chapter must follow the uniform standards governing monumentation, certificates of survey, and subdivision plats prescribed and adopted by the board of professional engineers and professional land surveyors. (2) All division of sections into aliqu…

(1) Except as provided in subsections (1)(a) and (1)(c), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat. (a) (i) In lieu of the completion of the construction of any public …

The governing body may establish reasonable fees to be paid by an applicant for a zoning permit, subdivision application, appeals, or any other review performed by the local government pursuant to this chapter to defray the expense of performing the review.

(1) All land use regulations must include a process for the submission and review of variances. (2) The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards. (3) Variance applications must be con…

(1) Appeals of any final decisions made pursuant to this chapter must be made in accordance with this section. (2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning map, or subdivision regulation, a petition setting forth the basis for …

(1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter. (2) Prior to seeking civil penalties against a property owner, a local government shall pr…