SB 284 — Local Land and Water Modifications

[(5)] (7) If the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(5)10-2a-205(5)(a): (a):

and (b)- a8 feasibility- requestEnrolled underCopy SectionS.B. 10-2a-202 may not be filed within 18 months after the date of the supplemental feasibility study if the feasibility request proposes the incorporation of an area included within the area described in the supplemental feasibility study.

284 (b) a feasibility request under Section 10-2a-202 may not be filed within 18 months after the date of the supplemental feasibility study if the feasibility request proposes the incorporation of an area included within the area described in the supplemental feasibility study.

10-2a-220.10-2a-220 (Effective 05/06/26).

(1)(1)(a) (a) There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund." (b) The fund shall consist of:

- 9 - SB0284 compared with SB0284S07 (i) appropriations from the Legislature;

(2)(2)(a) (a) The lieutenant governor shall establish a fee in accordance with Section 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including:

(4)(4)(a) (a) A newly incorporated municipality shall:

(i) pay to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county;- 9 - S.B.

284 Enrolled Copy county;

- 10 - SB0284 compared with SB0284S07 (c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsection (4)(b) by amending the payback agreement described in Subsection (4)(b).

(d) The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsection (4)(4)(a)(i) (a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.

Section 10-2a-506 is amended to read:

10-2a-506.

Public hearings on feasibility study results -- Notice of hearings.

(1) If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-504(4), the lieutenant governor shall, after receipt of the results of the feasibility study or supplemental feasibility study, conduct public hearings in accordance with this section.

(2) (a) If a portion of the proposed preliminary municipality area is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the lieutenant governor conducts a public hearing under Subsection (4), the lieutenant governor may not conduct the public hearing under Subsection (4) unless:

(i) the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-505;

and (ii) the results of the supplemental feasibility study comply with Subsection 10-2a-504(4).

(b) For purposes of Subsection (2)(a), an area is approved for annexation if a municipal legislative body:

(i) approves an annexation petition proposing the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-810 or 10-2-811;

or (ii) adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-812.

(3) The lieutenant governor shall conduct a public hearing:

(a) within 60 days after the day on which the lieutenant governor receives the results under Subsection (1) or (2)(a)(ii);

(b) - 11 - SB0284 compared with SB0284S07 (i) at a location within or near the proposed preliminary municipality area;

or (ii) virtually;

and (c) to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results.

(4) The lieutenant governor shall:

(a) conduct an additional public hearing following each occasion when, after the day of the initial public hearing, the lieutenant governor receives the results of a supplemental feasibility study that comply with Subsection 10-2a-504(4);

and (b) hold the public hearing described in Subsection (4)(a):

(i) within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study;

(ii) (A) at a location within or near the proposed preliminary municipality area;

or (B) virtually;

(iii) to inform the public that the feasibility presented to the public at the preceding public hearing does not apply;

and (iv) to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.

(5) At each public hearing required under this section, the lieutenant governor shall:

(a) provide a map or plat of the boundary of the proposed preliminary municipality;

(b) provide a copy of the applicable feasibility study for public review;

(c) allow members of the public to express views about the proposed preliminary municipality, including views about the proposed boundaries;

and (d) allow the public to ask the feasibility consultant questions about the applicable feasibility study.

(6) The lieutenant governor shall publish notice of each public hearing required under this section for the proposed preliminary municipality area, as a class B notice under Section 63G-30-102, for at least three weeks before the day of the public hearing.

(7) (a) Except as provided in Subsection (7)(b), for a hearing described in this section, the notice described in Subsection (6) shall:

(i) include the feasibility study summary described in Subsection 10-2a-504(2)(c)(iii);

and - 12 - SB0284 compared with SB0284S07 (ii) indicate that a full copy of the feasibility study is available on the lieutenant governor's website and for inspection at the lieutenant governor's office.

(b) Instead of publishing the feasibility summary under Subsection (7)(a)(i), the lieutenant governor may publish a statement that specifies the following sources where a person may view or obtain a copy of the feasibility study:

(i) the lieutenant governor's website;

(ii) the lieutenant governor's office;

and (iii) a mailing address and telephone number.

Section 5.

10-3-702.10-3-702 (Effective 05/06/26).

[(1) As used in this section, "open house" means an event held by a homeowner, including an event in association with a real estate agent, architect, builder, or developer, to showcase a home, including the outdoor landscaping around the home.] [(2)] (1)(1)[(a) [(a) Except as provided in Subsection (2)(b), the] The governing body of a municipality may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by this title or any other provision of law.

[(b)[(b)(i) (i) The governing body of a municipality may not regulate an open house differently than a residential use.] [(ii) Any ordinance regulating an open house differently than a residential use is void.] [(3)] (2)(2)(a) (a) An officer of the municipality may not be convicted of a criminal offense where the officer relied on or enforced an ordinance the officer reasonably believed to- be10 a- validEnrolled ordinance.Copy S.B.

284 to be a valid ordinance.

Section 6.5.

10-20-102.10-20-102 (Effective 05/06/26).

(EffectiveDefinitions. 05/06/26)Definitions.

- 13 - SB0284 compared with SB0284S07 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot.

(5) "Appeal authority" means the person, board, commission, agency, or other body designated- by11 ordinance- toS.B. decide an appeal of a decision of a land use application or a variance.

284 Enrolled Copy designated by ordinance to decide an appeal of a decision of a land use application or a variance.

(7)(7)(a) (a) "Boundary adjustment" means an agreement between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels.

- 14 - SB0284 compared with SB0284S07 (b) "Boundary adjustment" does not mean a modification of a lot or parcel boundary that:

(8)(8)(a) (a) "Boundary establishment" means an agreement between adjoining property owners to clarify the location of an ambiguous, uncertain, or disputed common boundary.

[(9)] (10)(10)(a) (a) "Charter school" means:

[(10) "Building code adoption cycle" means the period of time beginning the day on which a specific edition of a construction code from a nationally recognized code authority is adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day before- a12 new- editionEnrolled ofCopy aS.B. construction code is adopted and effective in Title 15A, State Construction and Fire Codes Act.] (11) "Conditional use" means a land use that, because of the unique characteristics or potential detrimental impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

284 before a new edition of a construction code is adopted and effective in Title 15A, State Construction and Fire Codes Act.] (11) "Conditional use" means a land use that, because of the unique characteristics or potential detrimental impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

- 15 - SB0284 compared with SB0284S07 (a) Fifth or Fourteenth Amendment [of] to the Constitution of the United States;

(18)(18)(a) (a) "Development agreement" means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land.

(19)(19)(a) (a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.

(b)- "Disability"13 does- notS.B. include current illegal use of, or addiction to, any federally controlled substance, as defined in the Controlled Substances Act, 21 U.S.C.

284 Enrolled Copy (b) "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in the Controlled Substances Act, 21 U.S.C.

- 16 - SB0284 compared with SB0284S07 (i) a school district's building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade 12, including kindergarten and a program for children with disabilities;

or (b)- has14 not- beenEnrolled studiedCopy orS.B. designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency.

284 (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency.

- 17 - SB0284 compared with SB0284S07 (a) a surface fault rupture;

(31)(31)(a) (a) "Identical plans" means floor plans submitted to a municipality that:

(ii) have no structural differences from floor plans that were previously approved by the- municipality;15 - S.B.

284 Enrolled Copy the municipality;

- 18 - SB0284 compared with SB0284S07 (b) "Identical plans" include floor plans that are oriented differently as the floor plan that was previously approved by the municipality.

and (ii)- has16 substantial- evidence,Enrolled onCopy record:S.B.

284 (ii) has substantial evidence, on record:

- 19 - SB0284 compared with SB0284S07 (B) obtaining a building permit;

and (b)(b)(i) (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat;

(38) "Land use applicant" means:means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land.

a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land.

or (b) if the local legislative body has not designated a person, board, commission, agency, or- body,17 the- localS.B. legislative body.

284 Enrolled Copy or body, the local legislative body.

- 20 - SB0284 compared with SB0284S07 (i) a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance;

or (ii)- an18 eligible- politicalEnrolled subdivisionCopy asS.B. defined in Section 59-12-2202.

284 (ii) an eligible political subdivision as defined in Section 59-12-2202.

- 21 - SB0284 compared with SB0284S07 (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;

(e)(e)(i) (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement;

and (c) because of one or more subsequent land use ordinance changes, does not conform to the- regulations19 that- nowS.B. govern the use of the land.

284 Enrolled Copy the regulations that now govern the use of the land.

- 22 - SB0284 compared with SB0284S07 (56) "Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.

(61)- "Property20 owner"- meansEnrolled aCopy personS.B. that holds legal {or equitable title or interest } title in real property.

284 (61) "Property owner" means a person that holds legal title in real property.

- 23 - SB0284 compared with SB0284S07 [(63)] (64) "Public meeting" means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act.

(f)- cannot21 have- aS.B. primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries;

284 Enrolled Copy (f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries;

- 24 - SB0284 compared with SB0284S07 (b) ethical behavior;

[(77)] (79)(79)(a) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate- or22 future,- forEnrolled offer,Copy sale,S.B. lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

284 immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

- 25 - SB0284 compared with SB0284S07 (i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot;

[(78)] (80)(80)(a) (a) "Subdivision amendment" means an amendment to a recorded subdivision in accordance with Section 10-20-811 that:

- 2623 - SB0284S.B. compared with SB0284S07 (b) "Subdivision amendment" does not include a simple boundary adjustment.

284 Enrolled Copy (b) "Subdivision amendment" does not include a simple boundary adjustment.

- 27 - SB0284 compared with SB0284S07 (i) a contract;

or (ii)- a24 share- inEnrolled aCopy waterS.B. company, as defined in Section 73-3-3.5.

284 (ii) a share in a water company, as defined in Section 73-3-3.5.

Section 7.6.

10-20-301.10-20-301 (Effective 05/06/26).

(1)(1)(a) (a) Each municipality shall enact an ordinance establishing a planning commission.

- 28 - SB0284 compared with SB0284S07 (vi) provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff,- an25 elected- official,S.B. or the land use applicant is not cause for removing a planning commission member from the planning commission;

284 Enrolled Copy staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission;

Section 8.7.

10-20-302.10-20-302 (Effective 05/06/26).

(EffectivePlanning 05/06/26)Planning commission powers and duties -- Training requirements.

- 29 - SB0284 compared with SB0284S07 (A) land use applicant and adversely affected party to require formal consideration of any application by a land use authority;

{(B)} and (B) land use applicant or adversely affected party to appeal a land use authority's decision- to26 a- separateEnrolled appealCopy authority[;S.B.

284 decision to a separate appeal authority[;

[(6)] (5)(5)(a)(i) (a) (i) This Subsection [(6)] (5) applies to:

- 30 - SB0284 compared with SB0284S07 (C) exactions;

(E)- vested27 rights;- S.B.

284 Enrolled Copy (E) vested rights;

(c) A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection [(6)(b)(i)] (5)(b)(5)(b)(i). (i).

Section 9.8.

10-20-501.10-20-501 (Effective 05/06/26).

(EffectiveEnactment 05/06/26)Enactment of land use regulation, land use decision, or development agreement.

-(2)(a) 31 - SB0284 compared with SB0284S07 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.

(b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes- a28 fee.- Enrolled Copy S.B.

(3)284 Aimposes legislative body shall ensure that a landfee. use regulation is consistent with the purposes [set forth in] of this chapter.

(4)(3) (a) A legislative body shall adoptensure that a land use regulation to:is consistent with the purposes [ set forth in] of this chapter.

(4)(a) A legislative body shall adopt a land use regulation to:

(5)(5)(a) (a) Except as provided in Subsection (5)(b)or(5)(b) or (5)(c), a municipality shall publish on the municipality's website:

{[(5)](c) (6)} A municipality may comply with Subsection (5)(a) by:

[(5)] (6) A municipality may not adopt a land use regulation[,] or {ordevelopment }development agreement, or make a land use decision, that restricts the type of crop that may be grown in an area that is:

- 32 - SB0284 compared with SB0284S07 (a) zoned agricultural;

[(6)] (7) A municipal land use regulation pertaining to an airport or an airport influence area, as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport- Zoning29 Act.- S.B.

Section284 10.Enrolled Copy Airport Zoning Act.

Section 9.

10-20-502.10-20-502 (Effective 05/06/26).

(EffectivePreparation 05/06/26)Preparation and adoption of land use regulation.

and (d)(d)(i) (i) review and recommend to the legislative body a proposed land use regulation that represents the planning commission's recommendation for regulating the use and development of land within all or any part of the area of the municipality;

(2)(2)(a) (a) A legislative body shall consider each proposed land use regulation that the planning commission recommends to the legislative body.

[(c) {[} A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance{]ordinance.] Beginning on September 15, 2026, if a planning commission fails to make a timely recommendation on a proposed land use regulation, the legislative body shall adopt or reject the proposed land use regulation in accordance with Subsection (2)(b)}.] (c) Beginning on September 15, 2026, a legislative body may adopt or reject a proposed land use regulation without waiting for a recommendation from the planning commission if:

- 33 - SB0284 compared with SB0284S07 (i) a land use applicant makes a request described in Subsection 10-20-905(2)(b);

Section 11.10.

10-20-507.10-20-507 (Effective 05/06/26).

(a) "Classification request" means a request to determine whether a proposed business use- aligns30 with- anEnrolled existingCopy landS.B. use specified in a municipality's land use ordinances.

284 use aligns with an existing land use specified in a municipality's land use ordinances.

(2)(2)(a) (a) Each municipality shall incorporate into the municipality's land use ordinances a process for reviewing and approving a new or unlisted business use and designating an appropriate zone or zones for an approved use.

and - 34 - SB0284 compared with SB0284S07 (C) the legislative body shall approve or deny [the new or unlisted business use] the application described in Subsection (2)(b)(iii)(A), within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings;

and (v) provide that if the legislative body denies [a proposed new or unlisted business use] the application described in Subsection (2)(b)(iii)(A), or if an applicant disagrees with- the31 land- useS.B. authority's classification of the proposed use, the legislative body shall:

284 Enrolled Copy with the land use authority's classification of the proposed use, the legislative body shall:

Section 12.11.

Section 1210-20-625 is enacted to read:

10-20-625.10-20-625 (Effective 05/06/26).

- 35 - SB0284 compared with SB0284S07 (2) The legislative body of a municipality may not regulate a model home or open house differently than a residential use.

Section 13.12.

Section 1310-20-626 is enacted to read:

10-20-626.10-20-626 (Effective 05/06/26).

(2)- If32 a- landEnrolled useCopy authorityS.B. approved a land use application for a commercial lodging structure on or before September 1, 2025, and the land use application is subject to land use regulations described in Subsection (1) that conflict, the land use authority may not limit the number of above-ground habitable stories the land use applicant builds within the maximum overall height that the land use authority approved for the structure.

Section284 14.(2) If a land use authority approved a land use application for a commercial lodging structure on or before September 1, 2025, and the land use application is subject to land use regulations described in Subsection (1) that conflict, the land use authority may not limit the number of above-ground habitable stories the land use applicant builds within the maximum overall height that the land use authority approved for the structure.

Section 13.

10-20-806.10-20-806 (Effective 05/06/26).

(EffectiveReview 05/06/26)Review of subdivision applications and subdivision improvement plans.

(e) "Subdivision plan review" means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal - 36 - SB0284 compared with SB0284S07 ordinances and applicable installation standards and inspection specifications for infrastructure improvements.

(3)(3)(a) (a) A municipality may require a subdivision improvement plan to be submitted with a subdivision application.

(4)(4)(a) (a) The review cycle requirements of this section apply:

(i) to the review of a preliminary subdivision application, if the municipality requires a- subdivision33 improvement- planS.B. to be submitted with a preliminary subdivision application;

284 Enrolled Copy a subdivision improvement plan to be submitted with a preliminary subdivision application;

(5)(5)(a) (a) A municipality shall complete the initial review of a complete subdivision application submitted for ordinance review for a residential subdivision for single-family dwellings, two-family dwellings, or town homes:

and - 37 - SB0284 compared with SB0284S07 (v) a breakdown of fees due upon approval of the application.

(8)(8)(a) (a) In reviewing a subdivision application, a municipality may require:

and (ii) modifications to plans that do not meet current ordinances, applicable standards or- specifications,34 or- doEnrolled notCopy containS.B. complete information.

(b)284 A municipality's request for additional information or modificationsspecifications, to plans under Subsection (8) (a)(i) or (ii)do shallnot becontain specificcomplete andinformation. include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions.

(b) A municipality's request for additional information or modifications to plans under Subsection (8)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions.

(d)(d)(i) (i) Subject to Subsection (8)(d)(ii), unless the change or correction is necessitated by the applicant's adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipality's subdivision improvement plan review is waived.

- 38 - SB0284 compared with SB0284S07 (iii) If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects.

(e)(e)(i) (i) This Subsection (8)(e) applies if an applicant does not submit a revised subdivision improvement plan within :

(10)- (a)35 In- additionS.B. to revised plans, an applicant shall provide a written explanation in response to the municipality's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any.

284 Enrolled Copy (10)(a) In addition to revised plans, an applicant shall provide a written explanation in response to the municipality's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any.

(11)(11)[(a)] [(a)] If, on the fourth or final review, a municipality fails to respond within 20 business days, the municipality shall, upon request of the property owner, and within 10 business days after the day on which the request is received:

- 39 - SB0284 compared with SB0284S07 [(i)] (a) for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection [10-20-911(5)(d)] 10-20-911(4)(d) to review and approve or deny the final revised set of plans;

Section 15.14.

10-20-807.10-20-807 (Effective 05/06/26).

(2) A land use authority shall establish objective inspection standards for acceptance of a public- landscaping36 improvement- orEnrolled infrastructureCopy improvementS.B. that the land use authority requires.

(3)284 (a)public Exceptlandscaping asimprovement provided in Subsection (3)(d) or (e),infrastructure beforeimprovement anthat applicantthe conductsland anyuse developmentauthority activityrequires. or records a plat, the applicant shall:

(3)(a) Except as provided in Subsection (3)(d) or (e), before an applicant conducts any development activity or records a plat, the applicant shall:

or - 40 - SB0284 compared with SB0284S07 (ii) if the municipality has inspected and accepted a portion of the public landscaping improvements or infrastructure improvements, 100% of the incomplete or unaccepted public landscaping improvements or infrastructure improvements.

(ii)(ii)(A) (A) if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this chapter and any local ordinances;

(d) A municipality may not require an applicant to post an improvement completion assurance- for:37 - S.B.

284 Enrolled Copy assurance for:

- 41 - SB0284 compared with SB0284S07 (vi) landscaping improvements or infrastructure improvements that an applicant elects to install at the applicant's own risk:

(e)(e)(i) (i) A municipality may not:

(ii) Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and infrastructure- improvements38 that- areEnrolled installedCopy byS.B. an applicant are subject to inspection by the municipality in accordance with the municipality's adopted inspection standards.

(f)284 (i)infrastructure Eachimprovements improvementthat completionare assuranceinstalled and improvement warranty posted by an applicant withare asubject municipalityto shallinspection beby independentthe ofmunicipality anyin otheraccordance improvementwith completion assurance or improvement warranty posted by the samemunicipality's applicantadopted withinspection thestandards. municipality.

(f)(i) Each improvement completion assurance and improvement warranty posted by an applicant with a municipality shall be independent of any other improvement completion assurance or improvement warranty posted by the same applicant with the municipality.

-(4)(a) 42 - SB0284 compared with SB0284S07 (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or other entitlement benefit not currently available under the existing zone, a municipality may require a completion assurance bond for landscaped amenities and common area that are dedicated to and maintained by a homeowners association.

(6)(6)(a) (a) Upon an applicant's written request that the land use authority accept or reject the applicant's- installation39 of- requiredS.B. subdivision improvements or performance of warranty work as set forth in Section 10-20-905, and for the duration of each improvement warranty period, the municipality may require the applicant to:

284 Enrolled Copy applicant's installation of required subdivision improvements or performance of warranty work as set forth in Section 10-20-905, and for the duration of each improvement warranty period, the municipality may require the applicant to:

- 43 - SB0284 compared with SB0284S07 (7) When a municipality accepts an improvement completion assurance for public landscaping improvements or infrastructure improvements for a development in accordance with Subsection (3)(3)(c)(ii), (c)(ii), the municipality may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the building code and fire code.

Section 16.15.

10-20-902.10-20-902 (Effective 05/06/26).

(EffectiveApplicant's 05/06/26)Applicant's entitlement to land use application approval -- Municipality's requirements and limitations -- Vesting upon submission of development plan and schedule.

(1)(1)(a)(i) (a) (i) An applicant who has submitted a complete land use application as described in Subsection (1)(c), including the payment of all application fees, is entitled to substantive review of the application under the land use regulations:

(ii) An applicant is entitled to approval of a land use application if the application conforms to the requirements of the applicable land use regulations, land use decisions,- and40 development- standardsEnrolled inCopy effectS.B. when the applicant submits a complete application and pays application fees, unless:

284 decisions, and development standards in effect when the applicant submits a complete application and pays application fees, unless:

- 44 - SB0284 compared with SB0284S07 (i) 180 days have passed since the municipality initiated the proceedings;

and (ii)(ii)(A) (A) the proceedings have not resulted in an enactment that prohibits approval of the application as submitted;

(ii)- a41 municipal- ordinanceS.B. in effect on the date that the applicant submits a complete application, subject to Subsection 10-20-902(1)(a)(ii);

284 Enrolled Copy (ii) a municipal ordinance in effect on the date that the applicant submits a complete application, subject to Subsection 10-20-902(1)(a)(ii);

- 45 - SB0284 compared with SB0284S07 (v) in this chapter;

(k) A municipality may not conduct a final inspection required before issuing a certificate of occupancy for a residential unit that is within the boundary of an infrastructure financing district, as defined in Section 17B-1-102, until the applicant for the certificate of occupancy provides adequate proof to the municipality that any lien- on42 the- unitEnrolled arisingCopy fromS.B. the infrastructure financing district's assessment against the unit under Title 11, Chapter 42, Assessment Area Act, has been released after payment in full of the infrastructure financing district's assessment against that unit.

284 lien on the unit arising from the infrastructure financing district's assessment against the unit under Title 11, Chapter 42, Assessment Area Act, has been released after payment in full of the infrastructure financing district's assessment against that unit.

-(3)(a) 46 - SB0284 compared with SB0284S07 (3) (a) {Except } Beginning on October 1, 2026, and except as provided in Subsection (3)(b), a municipality shall publish on the municipality's website an application checklist for each land use application type that includes{:}includes a checklist of all required plans and documents that make a complete application.

{(i)(b) {aA checklistmunicipality ofthat alldoes requiredhave plansa maintained and documentsactive thatwebsite makeshall aprovide completefor application;}inspection }of {(ii)the {linksinformation todescribed applicablein landSubsection use(3)(a) regulationsat posted on the municipality's website;}place } {(iii) {a complete list of applicablebusiness developmentduring standardsnormal orbusiness linkshours. to those standards;

and} } {(iv) {a list of applicable development review fees.} } (b) A municipality that does {not } have a maintained and active website shall provide for inspection of the information described in Subsection (3)(a) at the municipality's place of business during normal business hours.

[(5)] (6)(6)(a) (a) If sponsors of a referendum timely challenge a project in accordance with Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use approval by delivering a written notice:

(i)- the43 relevant- landS.B. use approval;

284 Enrolled Copy (i) the relevant land use approval;

[(6)] (7)(7)(a) - 47 - SB0284 compared with SB0284S07 (a) After issuance of a building permit, a municipality may not:

Section 17.16.

10-20-910.10-20-910 (Effective 05/06/26).

(EffectiveProvisions 05/06/26)Provisions applicable to a provider of culinary or secondary water.

Section 18.17.

10-20-911.10-20-911 (Effective 05/06/26).

(EffectiveExactions 05/06/26)Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements.

and (b) the land use authority shall transfer the exaction to the governmental entity for which it- was44 exacted.- Enrolled Copy S.B.

-284 48it -was SB0284exacted. compared with SB0284S07 [(3) (a) (i) Subject to the requirements of this Subsection (3), a municipality shall base an exaction for a water interest on the culinary water authority's established calculations of projected water interest requirements.] [(ii) Except as described in Subsection (3)(a)(iii), a culinary water authority shall base an exaction for a culinary water interest on:] [(A) consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water in accordance with Section 19-4-114;

and][(3)(a)(i) [(B)Subject to the numberrequirements of equivalentthis residentialSubsection connections(3), associateda withmunicipality theshall culinarybase wateran demandexaction for eacha specificwater developmentinterest proposedon in the development'sculinary landwater useauthority's application,established applyingcalculations lowerof exactionsprojected forwater developmentsinterest withrequirements.] lower[(ii) equivalentExcept residential connections as demonstrateddescribed byin atSubsection least(3)(a)(iii), fivea yearsculinary ofwater usageauthority datashall forbase like land uses within the municipality.] [(iii) A municipality may impose an exaction for a culinary water interest thaton:] results[(A) inconsideration lessof waterthe beingsystem-wide exactedminimum thansizing wouldstandards otherwiseestablished befor exactedthe underculinary Subsectionwater (3)(a)(ii)authority ifby the municipality,Division atof theDrinking municipality'sWater solein discretion,accordance determines there is good cause to do so.] [(iv) (A) A municipality shall make public the methodology used to comply with SubsectionSection (3)(a)(ii)(B).19-4-114;

and] [(B) the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent residential connections as demonstrated by at least five years of usage data for like land uses within the municipality.] [(iii) A municipality may impose an exaction for a culinary water interest that results in less water being exacted than would otherwise be exacted under Subsection (3)(a)(ii) if the municipality, at the municipality's sole discretion, determines there is good cause to do so.] [(iv)(A) A municipality shall make public the methodology used to comply with Subsection (3)(a)(ii)(B).

] [(C) A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality's governing body shall respond with due process.] [(v) Upon an applicant's request, the culinary water authority shall provide the applicant with the basis for the culinary water authority's calculations under Subsection (3)(a)(i) on which an exaction for a water interest is based.] [(b) A municipality may not impose an exaction for a water interest if the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public, as determined under Subsection 73-1-4(2)(f).] [(4)] (3)(3)(a) (a) If a municipality plans to dispose of surplus real property that was acquired under this section and has been owned by the municipality for less than 15 years, the municipality shall first offer to - 4945 - SB0284S.B. compared with SB0284S07 reconvey the property, {[without receiving additional consideration{]} at no cost}, to the person who granted the property to the municipality.

(b)284 AEnrolled personCopy tomunicipality whomshall afirst municipalityoffer offers to reconvey propertythe underproperty, Subsectionwithout [(4)(a)]receiving (3)(a)additional hasconsideration, 90 days to acceptthe orperson rejectwho granted the municipality'sproperty offer.to the municipality.

(b) A person to whom a municipality offers to reconvey property under Subsection [ (4)(a)] (3)(a) has 90 days to accept or reject the municipality's offer.

[(5)] (4)(4)(a) (a) A municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential roadway at a width in excess of 32 feet.

- 5046 - SB0284Enrolled comparedCopy withS.B. SB0284S07 (d) (i) A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway.

284 (d)(i) A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway.

(iv) A member of the panel assembled by the municipality under Subsection [(5)(d)(ii)][ (5)(d)(ii)] (4)(d)(ii) may not have an interest in the application that is the subject of the appeal.

(vi) The decision of the panel is a final decision, subject to a petition for review under Subsection [(5)[(5)(d)(vii)] (d)(vii)] (4)(d)(vii).

[(6) 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 provisions of this section the same as if the provider were a municipality.] Section 19.18.

Section 1910-20-912 is enacted to read:

10-20-912.10-20-912 (Effective 05/06/26).

(EffectiveExactions 05/06/26)Exactions for water rights.

- 5147 - SB0284S.B. compared with SB0284S07 (a) consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water under Section 19-4-114;

284 Enrolled Copy (a) consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water under Section 19-4-114;

(4)(4)(a) (4){(a)} A municipality shall make public the methodology used to comply with Subsection (2)(b).

(5){(b)}(b) A land use applicant may {appeal } submit a request to the municipality's legislative body to review an exaction calculation used by the municipality under Subsection (2).

(6){(c)}(c) A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality's legislative body shall respond with due process.

(7){(5)}(5) Upon an applicant's request, the culinary water authority shall provide the applicant with the basis for the culinary water authority's calculations under Subsection (2) on which an exaction for a water interest is based.

(6)(6)(a) (a) A municipality may not impose an exaction for a water interest if:

(8){(i)}(i) {A municipality may not impose an exaction for a water interest if } the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public{,public; as determined under Subsection 73-1-4(2)(f).} ;

-(7) 52 - SB0284 compared with SB0284S07 (9){(7)} 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 provisions of this section and Section 10-20-911 the same as if the provider were a municipality.

Section 20.19.

10-20-1001.10-20-1001 (Effective 05/06/26).

(EffectiveEnforcement 05/06/26)Enforcement -- Limitations on a municipality's ability- to48 enforce- anEnrolled ordinanceCopy byS.B. withholding a permit or certificate.

(1)284 (a)ability Ato municipalityenforce oran [anordinance adverselyby affectedwithholding party] a landpermit useor applicantcertificate. may, in addition to other remedies provided by law, institute:

(1)(a) A municipality or [an adversely affected party] a land use applicant may, in addition to other remedies provided by law, institute:

(2)(2)(a) (a) Except as provided in Subsections (3) [though] through (6), {or as provided in the provisions of a development agreement, }a municipality may enforce the municipality's ordinance by withholding a building permit or certificate of occupancy.

(3)(3)(a) (a) A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:

- 53 - SB0284 compared with SB0284S07 (i) unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act;

(A) operable fire hydrants installed in a manner that is consistent with the municipality's- adopted49 engineering- standards;S.B.

284 Enrolled Copy municipality's adopted engineering standards;

- 54 - SB0284 compared with SB0284S07 (6) A municipality may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 10-20-807, or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk.

(a)- another50 infrastructure- improvement;Enrolled Copy S.B.

284 (a) another infrastructure improvement;

(9) A municipality may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-right-of-way way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the municipality.

Section 21.20.

10-20-1101.10-20-1101 (Effective 05/06/26).

(EffectiveAppeal 05/06/26)Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

(1)(1)(a) (a) [Each] Subject to Subsection (1)(d), each municipality adopting a land use ordinance{:}ordinance (i) shall, by ordinance, establish one or more appeal authorities{;authorities.

and (ii) beginning on July 1, 2026, may not designate the legislative body as an appeal authority}.

(d) Beginning on July 1, 2026, a city described in Subsection 10-20-302(6)(a)(i)10-20-302(5)(a)(i) may not designate the city's legislative body as an appeal authority.

- 55 - SB0284 compared with SB0284S07 (e) Notwithstanding Subsection (1)(d), a legislative body shall continue to be the appeal authority for an appeal if:

and (ii) serve as the final arbiter of issues involving the interpretation or application of a land- use51 [ordinances]- ordinance;S.B.

284 Enrolled Copy land use [ordinances] ordinance;

- 56 - SB0284 compared with SB0284S07 (6) If the municipality establishes or, before the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:

Section 22.21.

10-20-1105.10-20-1105 (Effective 05/06/26).

(1) if the appellant is a land use applicant, the appellant has the burden of proving that the land- use52 authority's- landEnrolled useCopy decisionS.B. is illegal or is not supported by substantial evidence;

284 land use authority's land use decision is illegal or is not supported by substantial evidence;

Section 23.22.

10-20-1106.10-20-1106 (Effective 05/06/26).

(EffectiveDue 05/06/26)Due process.

(3) An appeal authority may only allow the following people to {participate, present, } present or speak during an appeal {or variance } hearing:

Section 24.23.

10-20-1107.10-20-1107 (Effective 05/06/26).

(EffectiveScope 05/06/26)Scope of review of factual matters on appeal -- Appeal authority requirements.

- 57 - SB0284 compared with SB0284S07 (1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.

(5)(5)(a) (a) An appeal authority's land use decision is a quasi-judicial act.

(b) [A] {Beginning on July 1, 2026} Except as provided in Subsection (5)(c), a legislative body may {notact }act as an appeal authority{[- unless53 both- theS.B. legislative body and the appealing party agree to allow a third party to act as the appeal authority]} .

(c)284 BeginningEnrolled onCopy Julyauthority 1,unless 2026,both the legislative body ofand athe cityappealing describedparty inagree Subsectionto 10-20-302(6)(a)(i)allow maya notthird party to act as anthe appeal authorityauthority. unless:

(c) Beginning on July 1, 2026, the legislative body of a city described in Subsection 10-20-302(5)(a)(i) may not act as an appeal authority unless:

Section 25.24.

10-20-1109.10-20-1109 (Effective 05/06/26).

(EffectiveNo 05/06/26)No district court review until administrative remedies exhausted -- Time for filing -- Tolling of time -- Standards governing court review -- Record on review -- Staying of decision.

(1) [No] A person may challenge in district court a land use decision{decision or[until that] if the approvalperson ofhas aexhausted specificthe landperson's useadministrative lawremedies onlyas if,provided in accordance with this part:}part, -if 58applicable. - SB0284 compared with SB0284S07 {(a) {the person's appeal of the land use decision or approval of a specific land use law to the appeal authority is timely;

and}(2)(a) {(b)}Subject {[}to }[untilSubsection that](1), ifa theland personuse hasapplicant exhaustedor theadversely person'saffected administrativeparty remedies{[may asfile provideda inpetition thisfor part]}review ,of ifa applicable.land use decision with the district court within 30 days after the decision is final.

(2)(b)(i) (a)The Subjecttime tounder Subsection (1),(2)(a) to file a landpetition useis applicanttolled orfrom adverselythe affecteddate partya mayproperty fileowner files a petitionrequest for reviewarbitration of a landconstitutional usetaking decisionissue {orwith the approvalproperty ofrights aombudsman specificunder landSection use13-43-204 lawuntil }with the district court within 30 days afterafter: the decision is final.

(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property owner files a request for arbitration of a constitutional taking issue with the property rights ombudsman under Section 13-43-204 until 30 days after:

(3)(3)(a) (a) A court shall:

(A)- the54 land- useEnrolled regulationCopy isS.B. expressly preempted by, or was enacted contrary to, state or federal law;

284 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state or federal law;

or - 59 - SB0284 compared with SB0284S07 (ii) illegal.

(c)(c)(i) (i) A land use decision is arbitrary and capricious if the land use decision is not supported by substantial evidence in the record.

(d)(d)(i) (i) A court may affirm or reverse a land use decision.

(7)(7)(a) (a) The land use authority or appeal authority, as the case may be, shall transmit to the reviewing court the record of the proceedings of the land use authority or appeal authority, including the minutes, findings, orders, and, if available, a true and correct transcript of the proceedings.

(8)(8)(a)(i) (a) (i) If there is a record, the district court's review is limited to the record provided- by55 the- landS.B. use authority or appeal authority, as the case may be.

-284 60Enrolled -Copy SB0284provided comparedby with SB0284S07 (ii) The court may not accept or consider any evidence outside the record of the land use authority or appeal authority, as the case may be,be. unless that evidence was offered to the land use authority or appeal authority, respectively, and the court determines that the evidence was improperly excluded.

(ii) The court may not accept or consider any evidence outside the record of the land use authority or appeal authority, as the case may be, unless that evidence was offered to the land use authority or appeal authority, respectively, and the court determines that the evidence was improperly excluded.

(9)(9)(a) (a) The filing of a petition does not stay the land use decision of the land use authority or appeal authority, as the case may be.

(b)(b)(i) (i) Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may petition the appeal authority to stay the appeal authority's land use decision.

Section 26.25.

10-21-101.10-21-101 (Effective 05/06/26).

- 61 - SB0284 compared with SB0284S07 [(3)] (5) "Applicable metropolitan planning organization" means the metropolitan planning organization that has jurisdiction over the area in which a fixed guideway public transit station is located.

[(4)]- (6)56 "Applicable- publicEnrolled transitCopy district"S.B. means the public transit district, as defined in Section 17B-2a-802, of which a fixed guideway public transit station is included.

284 [(4)] (6) "Applicable public transit district" means the public transit district, as defined in Section 17B-2a-802, of which a fixed guideway public transit station is included.

[(14)] (17) "Moderate income housing strategy" means a strategy described in Subsection 10-21-201(3)10-21-201(3)(a)(iii). (a)(iii).

- 62 - SB0284 compared with SB0284S07 [(15)] (18) "New fixed guideway public transit station" means a fixed guideway public transit station for which construction begins on or after June 1, 2022.

[(18)]- (21)57 (a)- "PrimaryS.B. dwelling" means a single-family dwelling that:

284 Enrolled Copy [(18)] (21)(a) "Primary dwelling" means a single-family dwelling that:

or - 63 - SB0284 compared with SB0284S07 (b) a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class.

[(23)] (26)(26)(a) (a) "Station area" means:

or (ii) for a fixed guideway public transit station that provides bus services only, the area- within58 a- one-Enrolled fourthCopy mileS.B. radius of the center of the fixed guideway public transit station platform.

(b)284 "Stationarea area"within includesa anyone-fourth parcelmile bisectedradius byof the radiuscenter limitationof describedthe infixed [Subsectionguideway (a)public (i)]transit Subsectionstation (26)(a)(i)platform. or (ii).

(b) "Station area" includes any parcel bisected by the radius limitation described in [ Subsection (a)(i)] Subsection (26)(a)(i) or (ii).

[(28)] (31)(31)(a) (a) "Tax increment" means the difference between:

Section 27.26.

Section 2710-21-304 is enacted to read:

10-21-304.10-21-304 (Effective 10/01/26).

(1)(1)(a) - 64 - SB0284 compared with SB0284S07 (a) A specified municipality shall adopt a land use regulation that permits a detached accessory dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a single-family dwelling, if the single-family dwelling is a permitted use on the lot or parcel.

(b) This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000- square59 feet.- S.B.

284 Enrolled Copy 11,000 square feet.

(b) require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger;

- 65 - SB0284 compared with SB0284S07 (iii) located in a front-yard area of a lot or parcel;

(d)- require60 that- whenEnrolled aCopy detachedS.B. garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located with the detached garage are replaced on-site;

284 (d) require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site;

Section 28.27.

13-43-205.13-43-205 (Effective 05/06/26).

(EffectiveAdvisory 05/06/26)Advisory opinion.

- 66 - SB0284 compared with SB0284S07 (ii) Sections 17-79-506, 17-79-507, 17-79-601, 17-79-602, 17-79-603, 17-79-803, 17-79-804, 17-79-805, 17-79-811, 17-79-812, 17-79-813, and 17-79-903;

(ii) the deadline for filing an appeal with the district court under Title 11, Chapter 36a,- Impact61 Fees- Act,S.B. or Section 10-20-1109 or 17-79-1009, if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion;

284 Enrolled Copy 36a, Impact Fees Act, or Section 10-20-1109 or 17-79-1009, if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion;

Section 29.28.

17-79-102.17-79-102 (Effective 05/06/26).

(EffectiveDefinitions. 05/06/26)Definitions.

- 67 - SB0284 compared with SB0284S07 (2) "Adversely affected party" means a person other than a land use applicant who:

(3) "Affected entity" means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owner's association, public utility, or the Department of- Transportation,62 if:- Enrolled Copy S.B.

284 of Transportation, if:

[(7) "Building code adoption cycle" means the period of time beginning the day on which a specific edition of a construction code from a nationally recognized code authority is adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day before a new edition of a construction code is adopted and effective in Title 15A, State Construction and Fire Codes Act.] [(8)] (7)(7)(a) - 68 - SB0284 compared with SB0284S07 (a) "Boundary adjustment" means an agreement between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels.

[(9)] (8)(8)(a) (a) "Boundary establishment" means an agreement between adjoining property owners to clarify the location of an ambiguous, uncertain, or disputed common boundary.- 63 - S.B.

284 Enrolled Copy boundary.

{[(10){]}(10)(a) {(9)} } (a) "Charter school" means:

{(10)(b) "Building code adoption cycle" means the period of time beginning the day on which a specific edition of a construction code from a nationally recognized code authority is adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day before a new edition of a construction code is adopted and effective in Title 15A, State Construction and Fire Codes Act.} {[(b){]} {(a)} } "Charter school" does not include a therapeutic school.

- 69 - SB0284 compared with SB0284S07 (12) "Conditional use" means a land use that, because of the unique characteristics or potential detrimental impact of the land use on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

(a)- a64 plat- recordedEnrolled inCopy aS.B. county recorder's office described as a county utility easement or otherwise as a utility easement;

284 (a) a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement;

and (d)(d)(i) (i) either:

- 70 - SB0284 compared with SB0284S07 (a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;

(20)(20)(a) (a) "Development agreement" means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land.

(21)(21)(a) (a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.

(23)- "Educational65 facility":- S.B.

284 Enrolled Copy (23) "Educational facility":

or - 71 - SB0284 compared with SB0284S07 (ii) a therapeutic school.

or (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain- designated66 by- theEnrolled FederalCopy EmergencyS.B. Management Agency.

284 plain designated by the Federal Emergency Management Agency.

- 72 - SB0284 compared with SB0284S07 (ii) of substantial loss of real property;

(33)(33)(a) (a) "Identical plans" means floor plans submitted to a county that:

(B)- has67 a- substantiallyS.B. identical floor plan to a floor plan previously approved by the county;

284 Enrolled Copy (B) has a substantially identical floor plan to a floor plan previously approved by the county;

and - 73 - SB0284 compared with SB0284S07 (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.

(38)- "Infrastructure68 improvement"- meansEnrolled permanentCopy infrastructureS.B. that is essential for the public health and safety or that:

284 (38) "Infrastructure improvement" means permanent infrastructure that is essential for the public health and safety or that:

and (b)(b)(i) (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat;

(40) "Interstate pipeline company" means a person or entity engaged in natural gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C.

- 74 - SB0284 compared with SB0284S07 (41) "Intrastate pipeline company" means a person or entity engaged in natural gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C.

or (b)- if69 the- localS.B. legislative body has not designated a person, board, commission, agency, or body, the local legislative body.

284 Enrolled Copy (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body.

or - 75 - SB0284 compared with SB0284S07 (B) impact a land use applicant's use of land.

(52) "Moderate income housing" means housing occupied or reserved for occupancy by households- with70 a- grossEnrolled householdCopy incomeS.B. equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.

284 households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.

and - 76 - SB0284 compared with SB0284S07 (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

(a) an estimate of the existing supply of moderate income housing located within the county;- 71 - S.B.

284 Enrolled Copy county;

or - 77 - SB0284 compared with SB0284S07 (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area.

(64) "Property owner" means a person that holds legal {or equitable title or interest } title in real property.

[(67)]- (68)72 "Public- street"Enrolled meansCopy aS.B. public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way.

284 [(67)] (68) "Public street" means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way.

- 78 - SB0284 compared with SB0284S07 (c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;

[(73)]- (74)73 "Sanitary- sewerS.B. authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.

284 Enrolled Copy [(73)] (74) "Sanitary sewer authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.

[(77)] (78)(78)(a) (a) "Special district" means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts.

- 79 - SB0284 compared with SB0284S07 (b) "Special district" includes a governmental or quasi-governmental entity that is not a county, municipality, school district, or the state.

[(81)] (83)(83)(a) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of- whether74 the- divisionEnrolled includesCopy allS.B. or a portion of a parcel or lot;

284 of whether the division includes all or a portion of a parcel or lot;

- 80 - SB0284 compared with SB0284S07 (iii) a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels:

[(82)] (84)(84)(a) (a) "Subdivision amendment" means an amendment to a recorded subdivision in accordance with Section 17-79-711 that:

or (iv)- alters75 a- commonS.B. area or other common amenity within the subdivision.

284 Enrolled Copy (iv) alters a common area or other common amenity within the subdivision.

- 81 - SB0284 compared with SB0284S07 (b) bedrock units with high shrink or swell susceptibility;

(i)- a76 contract;- Enrolled Copy S.B.

284 (i) a contract;

Section 30.29.

17-79-205.17-79-205 (Effective 05/06/26).

- 82 - SB0284 compared with SB0284S07 (1) Each county shall give:

and (b)(b)(i) (i) provided for the area affected by the land use ordinance changes, as a class B notice under Section 63G-30-102, for at least 10 calendar days before the day of the public hearing;

(5)(5)(a) (a) A county shall send a courtesy notice to each owner of private real property whose- property77 is- locatedS.B. entirely or partially within the proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.

284 Enrolled Copy whose property is located entirely or partially within the proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.

- 83 - SB0284 compared with SB0284S07 (ii) state the current zone in which the real property is located;

(6)(6)(a) (a) [A] For purposes of the notice requirements in Subsection (2)(b) only, a proposed land use ordinance is ministerial in nature if the proposed land use ordinance change is to:

or (v) designate or define an affected area for purposes of a boundary adjustment or annexation.- 78 - Enrolled Copy S.B.

284 annexation.

- 84 - SB0284 compared with SB0284S07 Section 31.30.

17-79-301.17-79-301 (Effective 05/06/26).

(1)(1)(a) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance establishing a countywide planning commission for the unincorporated areas of the county not within a planning advisory area.

(c)(c)(i) (i) Notwithstanding Subsection (1)(a), a county that designates a mountainous planning district shall enact an ordinance, subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over the entire mountainous planning district.

(2)(2)(a) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county of the first- or79 second- classS.B. that includes more than one planning advisory area each with a separate planning commission may enact an ordinance that:

284 Enrolled Copy first or second class that includes more than one planning advisory area each with a separate planning commission may enact an ordinance that:

-(3)(a) 85 - SB0284 compared with SB0284S07 (3) (a) The ordinance described in Subsection (1)(a), (1)(c), or (2)(a) shall[ define]:

[(v)]- (ix)80 subject- toEnrolled SubsectionCopy (3)(b),S.B. [the] include rules of order and procedure for use by the planning commission in a public meeting;

284 [(v)] (ix) subject to Subsection (3)(b), [the] include rules of order and procedure for use by the planning commission in a public meeting;

(4)(4)(a)(i) - 86 - SB0284 compared with SB0284S07 (a) (i) If the county establishes a planning advisory area planning commission, the county legislative body shall enact an ordinance that defines:

(c)(c)(i) (i) Members shall serve four-year terms and until their successors are appointed and qualified.

(d)(d)(i) (i) Each member of a planning advisory area planning commission shall be a registered voter residing within the planning advisory area.

(ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if that member was, before May 12, 2015, authorized to reside outside of the planning- advisory81 area.- S.B.

(5)284 (a)Enrolled ACopy member of a planning commissionadvisory whoarea. was elected to and served on a planning commission on May 12, 2015, shall serve out the term to which the member was elected.

-(5)(a) 87A -member SB0284of compareda withplanning SB0284S07commission (b)who Uponwas theelected expirationto ofand anserved electedon terma describedplanning incommission Subsectionon (5)(a),May the12, vacant2015, seat shall beserve filledout bythe appointmentterm into accordancewhich withthe thismember section.was elected.

(b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant seat shall be filled by appointment in accordance with this section.

Section 32.31.

17-79-302.17-79-302 (Effective 05/06/26).

(EffectivePlanning 05/06/26)Planning commission powers and duties -- Training requirements.

(A)- land82 use- applicantEnrolled andCopy adverselyS.B. affected party to require formal consideration of any application by a land use authority;

{(B)}284 and(A) - 88 - SB0284 compared with SB0284S07 (B) land use applicant orand adversely affected party to appealrequire aformal landconsideration useof authority'sany decisionapplication toby a separateland appealuse authority[;authority;

and (B) land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority[;

[(6)] (5)(5)(a)(i) (a) (i) This Subsection [(6)] (5) applies to a county that:

(B)- conditional83 use- permits;S.B.

284 Enrolled Copy (B) conditional use permits;

- 89 - SB0284 compared with SB0284S07 (E) vested rights;

(c) A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection [(6)(b)(i)] (5)(b)(5)(b)(i). (i).

Section 33.32.

17-79-501.17-79-501 (Effective 05/06/26).

(EffectiveEnactment 05/06/26)Enactment of land use regulation.

(2)(2)(a) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.

- 9084 - SB0284Enrolled comparedCopy withS.B. SB0284S07 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.

284 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.

(4)(4)(a) (a) A legislative body shall adopt a land use regulation to:

(5) (5)(a) A county shall publish on the county's website:

(a)(i)(i) all of the county's land use regulations;

and (b)(ii)(ii) a fee schedule that lists all of the county's fees related to a land use application, land use permit, or land use regulation, including development review fees and impact fees.

{[(5)](b) (6)} A county may comply with Subsection (5)(a) by:

Section 34.33.

17-79-502.17-79-502 (Effective 05/06/26).

(EffectivePreparation 05/06/26)Preparation and adoption of land use regulation.

- 9185 - SB0284S.B. compared with SB0284S07 (a) provide notice as required by Subsection 17-79-205(1)(a) and, if applicable, Subsection 17-79-205(4);

284 Enrolled Copy (a) provide notice as required by Subsection 17-79-205(1)(a) and, if applicable, Subsection 17-79-205(4);

and (d)(d)(i) (i) review and recommend to the legislative body a proposed land use regulation that represents the planning commission's recommendation for regulating the use and development of land within:

(2)(2)(a) (a) The legislative body shall consider each proposed land use regulation that the planning commission recommends to the legislative body.

[(c) {[} A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance{]ordinance.] Beginning on September 15, 2026, if a planning commission fails to make a timely recommendation on a proposed land use regulation, the legislative body shall adopt or reject the proposed land use regulation in accordance with Subsection (2)(b)}.] (c) Beginning on September 15, 2026, a legislative body may adopt or reject a proposed land use regulation without waiting for a recommendation from the planning commission if:

Section 35.34.