Title 17, Title 17: Counties

17-78-1005. Prohibition on licensing or certification of child care programs. (1) As used in this section, "child care program" means a child care facility or program operated by a person who holds a license or certificate from the Department of Health and Human Services under. T…

17-78-101. Definitions. As used in this chapter: (1) "Adjusted present value" means: the disposition price; plus the anticipated future value. (2) "Anticipated future value" means the total value of all reasonably anticipated future benefits to a county from the disposal of a sig…

17-78-102. County powers regarding property, water rights, and water facilities -- Retainage. (1) A county may: purchase, receive by donation, or lease any real or personal property or water rights necessary for the use of the county; purchase or otherwise acquire the necessary r…

17-78-103. Acquisition, management, and disposal of property. (1) A county may purchase, receive, hold, sell, lease, convey, or otherwise acquire and dispose of any real or personal property or any interest in real or personal property if the action: is in the public interest; an…

17-78-104. Courthouse, jail, hospital, and other public buildings -- Retainage. (1) A county may erect, repair or rebuild, and furnish a courthouse, jail, hospital, and such other public buildings as may be necessary, and join with cities and towns in the construction, ownership,…

17-78-1101. Ordinances regarding co-ownership -- Prohibition on county ordinances restricting co-ownership models. (1) As used in this section: "Co-owned home" means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities. …

17-78-1102. Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites -- Evidence of short-term rental -- Removing a listing. (1) As used in this section: "Internal accessory dwelling unit" means the same as that term is…

17-78-1103. Regulation of carbon monoxide detectors -- Enforcement against occupant only. (1) Subject to Subsection, a county may not enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon monoxide detector in a residential dwelling agains…

17-78-1104. Easement for utility use -- Realignment at property owner's expense. (1) As used in this section, "utility easement" means an easement acquired by a county through the use of eminent domain to provide utility services to the county's residents. (2) The owner of a serv…

17-78-201. Development of county resources. (1) A county may provide for the development of the county's mineral, water, personnel, industrial, historical, cultural, and other resources. (2) A county may expend county funds as are considered advisable to carry out the purposes of…

17-78-202. Preservation of historical areas and sites. A county may: (1) expend public funds to preserve, protect, or enhance an historical area or site; (2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift; (3) obtain an easement or right-of…

17-78-203. Support of the arts by counties -- Guidelines. A county may: (1) provide for and appropriate funds for the support of the arts, including music, dance, theatre, crafts and visual, folk and literary art, for the purpose of enriching the lives of county residents; and (2…

17-78-204. Energy efficiency upgrade, clean energy system, or electric vehicle charging infrastructure. A county may provide or finance an energy efficiency upgrade, a clean energy system, or electric vehicle charging infrastructure as defined in Section, in a designated voluntar…

17-78-301. Powers of county -- Contracts with United States -- Construction of flood control project. A county may contract with the United States of America, or any federal agency , for the construction of any flood control project within the county designed to: (1) abate or con…

17-78-302. Maintenance of project -- Acquisition of property. A county may contract to: (1) maintain a flood control project after the construction work is completed, which maintenance may be without expense to the United States of America; and (2) acquire easements and rights-of…

17-78-303. Distribution of waters -- Operation of projects. The duty of distributing the waters of and operating the flood control project when completed shall rest upon the state engineer described in Section, provided, that the cost of such distribution and operation of the pro…

17-78-304. Joint action of two or more counties. Whenever the construction of a flood control project described in this part is for the mutual benefit of two or more counties, the governing bodies of the counties may jointly enter into such co-operative contracts with the United …

17-78-305. Clearing, improving, fencing, and construction of natural channels, sewers, and drains -- Enforcement of laws and regulations. (1) In anticipation of and to provide for the carrying away and the safe disposal of natural storm and flood waters, the county may: remove an…

17-78-306. Protection of channels and flood plains -- Acquisition of land. (1) The county legislative body may also provide by ordinance for the protection and use of flood channels and present flood plains on rivers, streams, and canals located within the county and the incorpor…

17-78-307. Declaration of drought emergency -- Appropriation -- Tax levy. (1) The county legislative body of each county may at any regular meeting or at a special meeting called for such purpose, declare that an emergency drought exists in said county. (2) After a declaration of…

17-78-401. County powers to acquire, construct, and control roads and other facilities -- Retainage. (1) A county may: contract for, purchase, or otherwise acquire, when necessary, rights of way for county roads over private property, and may institute proceedings for acquiring s…

17-78-402. Granting franchises over public roads -- Limitation. (1) A county may grant franchises along and over the public roads and highways for all lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the county legislative body are necessary an…

17-78-403. Franchises for toll roads. (1) Subject to Subsection, a county may grant, on such terms, conditions, and restrictions as in the judgment of the county executive are necessary and proper, licenses and franchises for taking tolls on public roads or highways whenever in t…

17-78-404. Franchises for ferries and bridges. (1) A county may grant licenses and franchises for: constructing and keeping in repair roads, bridges, and ferries; and the taking of tolls on roads, bridges, and ferries. (2) Each person operating any toll boat or ferry for the tran…

17-78-405. Regulation of use of roads. A county may enact ordinances and make regulations not in conflict with law for the control, construction, alteration, repair, and use of all public roads and highways in the county outside of cities and towns.

17-78-406. Prohibition against spending certain transportation funds. (1) As used in this section: "Apportioned" means divided or assigned among the states based on a prescribed formula established in 23 U.S.C. "Authorization act" means an act of Congress enacted after July 1, 20…

17-78-407. County funding for a fixed guideway. (1) For purposes of this section, "fixed guideway" means a public transit facility that uses and occupies: rail for the use of public transit; or a separate right-of-way for the use of public transit. (2) Except as provided in Subse…

17-78-501. Counties may provide municipal services -- First-class counties to provide certain services -- Counties allowed to provide certain services in recreational areas. (1) For purposes of thispart, "municipal-type services" means: fire protection service; waste and garbage …

17-78-502. Taxes or service charges for municipal-type services -- Budgeting, accounting for, and disbursing of funds -- Annual audit. (1) If a county furnishes the municipal-type services and functions described in Sectionto areas of the county outside the limits of incorporated…

17-78-503. Certain counties to establish funds or special service districts. (1) Each county of the first, second, or third class that provides municipal-type services to unincorporated areas under this part shall: establish a special revenue fund, "Municipal Services Fund," and …

17-78-504. Contracts under Interlocal Cooperation Act. This part may not be construed to prevent counties, cities, and towns from entering into contracts covering the furnishing by one to the other of all or any of the municipal-type services under, except that where incorporated…

17-78-601. County legislative body to determine whether to contract with constables -- Contract requirements. (1) Beginning January 1, 2027, a county may not contract with a constable who is not licensed under Title 58, Chapter 91, Constables Licensing Act. (2) To select a consta…

17-78-602. Contracted constable authority and duties -- Constables to serve process in certain circumstances. (1) A constable who has a contract with a county as described in Section: 17-78-601 shall: avoid all conflicts of interest; and maintain a public office and be accessible…

17-78-603. Activity outside a jurisdiction -- Constables to provide service to justice courts in certain circumstances -- Agent of governmental entity in certain circumstances. (1) A constable who is serving process outside the county with which the constable holds a contract, as…

17-78-604. Constables in civil actions -- Fees for constables. (1) A constable who holds a county contract described in Sectionmay, for the constable's own use, collect as compensation in civil matters the same fees as those specified for sheriffs in Section. 17-78-601 17-72-304 …

17-78-605. Constables in criminal actions -- Fees for constables. (1) A constable may only take action in a criminal matter: at the direction of a county with which the constable holds a contract; according to the terms of the contract between the constable and the county; and af…

17-78-606. Fees for constable service of process -- Exception. (1) The legislative body of a county that contracts with a constable may set a fee by ordinance, in accordance with Section, for a service provided by the constable the same as the county legislative body sets fees fo…

17-78-701. Definitions. As used in this part: (1) "Airport" means the same as that term is defined in Section. 72-10-102 (2) "Airport operator" means the same as that term is defined in Section. 72-10-102 (3) "Establishing and promoting" means an activity or related expense to en…

17-78-702. Purposes of transient room tax and expenditure of revenue -- Purchase or lease of facilities -- Mitigating impacts of recreation, tourism, or conventions -- Issuance of bonds. (1) Subject to the requirements of this section, a county legislative body may impose the tra…

17-78-703. General powers and duties of a county legislative body related to the transient room tax. (1) The legislative body of each county that imposes a transient room tax in accordance with Section: 17-78-702 shall, except as provided in Subsection, at least annually consider…

17-78-704. Report by county legislative body -- Content -- Analysis, determination, and summary by state auditor and Office of the Legislative Fiscal Analyst. (1) The legislative body of each county that imposes a transient room tax under Sectionor a tourism, recreation, cultural…

17-78-705. Reserve fund authorized -- Use of collected funds -- Limitation on surplus in fund. (1) The county legislative body may create a reserve fund. (2) Subject to Subsectionsand, a county legislative body shall retain any transient room tax funds collected but not expended …

17-78-706. Tourism tax advisory boards. (1) Except as provided in Subsection, any county that collects the following taxes shall operate a tourism tax advisory board: (1)(b) the tax allowed under Section; or 59-12-301 the tax allowed under Section. 59-12-603 Notwithstanding Subse…

17-78-707. Payment to Stay Another Day and Bounce Back Fund and Hotel Impact Mitigation Fund. A county in which a qualified hotel, as defined in Section, is located shall: (1) make an annual payment to the Division of Finance: for deposit into the Stay Another Day and Bounce Back…

17-78-801. County tax for public planetarium. (1) A county may annually levy a tax, not to exceed 0.00004 per dollar of taxable value of taxable property in the county, for: the acquisition, construction, establishment, maintenance, and operation of a public planetarium; funding …

17-78-802. Planetarium board of directors -- Establishment -- Expenses. (1) Upon the establishment of a county planetarium under the provisions of this part, or upon the determination of the county executive to contract for planetarium facilities and equipment and other planetari…