Title 17, Counties

17-79-607. Regulation of residential facilities for persons with disabilities. A county may only regulate a residential facility for persons with a disability to the extent allowed by: (1) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence; (2) the Fair Hou…

17-79-608. Wetlands. (1) A county may not designate or treat any land as wetlands unless the United States Army Corps of Engineers or other agency of the federal government has designated the land as wetlands. (2) A land use authority that issues a land use permit that affects la…

17-79-609. Refineries. (1) As used in this section, "develop" or "development" means: (a) the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary; (b) the subdivision of land for a non-i…

17-79-610. Cannabis production establishments and medical cannabis pharmacies. (1) As used in this section: (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. (b) "Closed-door m…

17-79-611. Changes to rental dwelling units -- Egress windows. (1) As used in this section: (a) "Internal accessory dwelling unit" means an accessory dwelling unit created: (i) within a primary dwelling; (ii) within the footprint of the primary dwelling described in Subsection (1…

17-79-612. Utility service connections. (1) A county may not enact an ordinance, a resolution, or a policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an energy utility service provided by a public utility as that term is defined in Section…

17-79-613. Infrastructure improvements involving roadways. (1) As used in this section: (a) "Low impact development" means the same as that term is defined in Section 19-5-108.5. (b)(i) "Pavement" means the bituminous or concrete surface of a roadway. (ii) "Pavement" does not inc…

17-79-614. Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions. (1) As used in this section: (a) "Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county median home price. (b)…

17-79-615. Water wise landscaping -- County landscaping regulations. (1) As used in this section: (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. (b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and …

17-79-616. Land use compatibility with military use. (1) As used in this section: (a) "Department" means the Department of Veterans and Military Affairs. (b) "Military" means a branch of the armed forces of the United States, including the Utah National Guard. (c) "Military land"…

17-79-617. Residential rear setback limitations. (1) As used in this section: (a) "Allowable feature" means: (i) a landing or walkout porch that: (A) is no more than 32 square feet in size; and (B) is used for ingress to and egress from the rear of the residential dwelling; or (i…

17-79-618. Operation of a tower crane. (1) As used in this section: (a) "Affected land" means the same as that term is defined in Section 10-20-622. (b) "Airspace approval" means the same as that term is defined in Section 10-20-622. (c) "Live load" means the same as that term is…

17-79-619. Digital asset mining -- Zoning restrictions. (1) As used in this section: (a) "Digital asset" means the same as that term is defined in Section 7-29-101. (b) "Digital asset mining" means using computer hardware and software specifically designed or utilized for validat…

17-79-620. High tunnels -- Exemption from county regulation. (1) As used in this section, "high tunnel" means a structure that: (a) is not a permanent structure; (b) is used for the growing, keeping, storing, sale, or shelter of an agricultural commodity; and (c) has a: (i) metal…

17-79-621. Structure height. (1) A county may regulate: (a) the number of habitable stories that a structure may contain; and (b) the overall height of a structure. (2) If a land use authority approved a land use application for a commercial lodging structure on or before Septemb…

17-79-701. Enactment of subdivision ordinance. (1) The legislative body of a county may enact ordinances requiring that a subdivision plat comply with the provisions of the county's ordinances and this part before: (a) the subdivision plat may be filed and recorded in the county …

17-79-702. Planning commission preparation and recommendation of subdivision ordinance -- Adoption or rejection by legislative body. (1) A county planning commission established as required by Section 17-79-301 shall: (a) review and provide a recommendation to the legislative bod…

17-79-703. Plat required when land is subdivided -- Approval of plat -- Owner acknowledgment, surveyor certification, and verification of plat -- Recording plat. (1) As used in this section: (a)(i) "Facility owner" means the same as that term is defined in Section 73-1-15.5. (ii)…

17-79-704. Subdivision plat approval procedure -- Effect of not complying. (1) A person may not submit a subdivision plat to the county recorder's office for recording unless: (a) the person has complied with the requirements of Subsection 17-79-703(6)(a); (b) the plat has been a…

17-79-705. Process for subdivision review and approval. (1)(a) As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a county, including county staff or a county planning commission. (b) "Administrative…

17-79-706. Review of subdivision applications and subdivision improvement plans. (1) As used in this section: (a) "Review cycle" means the occurrence of: (i) the applicant's submittal of a complete subdivision application; (ii) the county's review of that subdivision application;…

17-79-707. Subdivision plat recording or development activity before required infrastructure is completed -- Improvement completion assurance -- Improvement warranty. (1) As used in this section: (a) "Private landscaping plan" means a proposal: (i) to install landscaping on a lot…

17-79-708. Exemptions from plat requirement. (1) Notwithstanding any other provision of law, a plat is not required if: (a) a county establishes a process to approve an administrative land use decision for the subdivision of unincorporated land or mountainous planning district la…

17-79-709. Common area parcels on a plat -- No separate ownership -- Ownership interest equally divided among other parcels on plat and included in description of other parcels. (1) As used in this section: (a) "Association" means the same as that term is defined in: (i) regardin…

17-79-710. Dedication by plat of public streets and other public places. (1) A plat that is signed, dedicated, and acknowledged by each owner of record, and approved according to the procedures specified in this part, operates, when recorded, as a dedication of all public streets…

17-79-711. Subdivision amendments. (1)(a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that has been laid out and platted as provided in this part may file a petition with the land use authority to request a subdivision amendment. (b) Upon filing a…

17-79-712. Land use authority approval of vacation or amendment of plat -- Recording the amended plat. (1) The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that: (a)…

17-79-713. Petition to vacate a public street. (1) In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 17-79-703 through 17-79-712, a legislative body may approve a petition to vacate a public street in accordance with thi…

17-79-714. Restrictions for solar and other energy devices. The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the …

17-79-715. Prohibited acts. (1)(a) If a subdivision requires a plat, an owner of any land located in a subdivision who transfers or sells any land in that subdivision before a plat of the subdivision has been approved and recorded violates this part for each lot or parcel transfe…

17-79-716. Notice. (1) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a vested critical infrastructure materials operations created under Chapter 81, Part 7, Vested Critical Infrastructure Materials Operations, the owner of th…

17-79-801. Land use authority requirements -- Nature of land use decision. (1) A land use authority shall apply the plain language of land use regulations. (2) If a land use regulation does not plainly restrict a land use application, the land use authority shall interpret and ap…

17-79-802. Urban development in municipal expansion area -- Requirements. (1) For purposes of this section, "urban development" means the same as that term is defined in Section 10-2-801. (2) A county legislative body may approve urban development within an adopted expansion area…

17-79-803. Applicant's entitlement to land use application approval -- Application relating to land in a high priority transportation corridor -- County's requirements and limitations -- Vesting upon submission of development plan and schedule. (1)(a)(i) Subject to Subsection (8)…

17-79-804. Limit on fees -- Requirement to itemize fees -- Appeal of fee. (1) A county may impose or collect a fee for reviewing or approving the plans for a commercial or residential building, not to exceed the lesser of: (a) the actual cost of performing the plan review; and (b…

17-79-805. Review for application completeness -- Substantive application review -- Reasonable diligence required for determination of whether improvements or warranty work meets standards -- Money damages claim prohibited. (1)(a) Each county shall, in a timely manner, determine …

17-79-806. Simple boundary adjustment -- Full boundary adjustment -- Process -- Review by land use authority. (1) A person may propose a simple boundary adjustment to a land use authority as described in this section. (2) A proposal for a simple boundary adjustment shall: (a) inc…

17-79-807. Boundary establishment -- Process -- Boundary agreement not subject to review by land use authority -- Prohibitions. (1) The owners of adjoining property may initiate a boundary establishment to: (a) resolve an ambiguous, uncertain, or disputed boundary between the adj…

17-79-808. Site plan. A site plan submitted to a county for approval of a building permit: (1) if modified, may not be used to impose a penalty on a property owner; (2) does not represent an agreement for a specific final layout; (3) does not bind an owner from future development…

17-79-809. Identical plan review -- Process -- Indexing of plans -- Prohibitions. (1) As used in this section: (a) "Business day" means Monday, Tuesday, Wednesday, Thursday, or Friday, unless the day falls on a federal, state, or county holiday. (b) "Nonidentical plan" means a pl…

17-79-810. Fees collected for construction approval -- Approval of plans. (1) As used in this section: (a) "Automated review" means a computerized process used to conduct a plan review, including through the use of software and algorithms to assess compliance with an applicable b…

17-79-811. Provisions applicable to a provider of culinary or secondary water. A provider of culinary or secondary water that commits to provide a water service required by a land use application process is subject to the following provisions the same as if the provider were a co…

17-79-812. Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements. (1) A county may impose an exaction or exactions on development proposed in a land use applicat…

17-79-813. Exactions for water rights. (1) Subject to the requirements of this section, a county or, if applicable, the county's culinary water authority shall base any exaction for a water interest on the culinary water authority's established calculations of projected water int…

17-79-901. Enforcement -- Limitations on a county's ability to enforce an ordinance by withholding a permit or certificate. (1)(a) A county or a land use applicant may, in addition to other remedies provided by law, institute: (i) injunctions, mandamus, abatement, or any other ap…

17-79-902. Penalties -- Notice. (1) The county 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) Violation of any of the provisions of this chapter or of any o…