Utah Code § 17C-2-101.1 Title.
17C-2-101.1. Title.
This chapter is known as "Urban Renewal."
Enacted by Chapter 350, 2016 General Session
Urban Renewal Project Area Plan
Utah Code tit. 17C, ch. 17C-2, pt. 17C-2-P1
in effectUtah Code § 17C-2-101.2 Applicability of chapter.
17C-2-101.2. Applicability of chapter.
This chapter applies to an urban renewal project area that is effective:
(1) before May 10, 2016; or
(2) before September 1, 2016, if an agency adopted a resolution in accordance with Section 17C-2-101.5 before April 1, 2016.
Enacted by Chapter 350, 2016 General Session
Utah Code § 17C-2-101.5 Resolution designating survey area -- Request to adopt resolution.
17C-2-101.5. Resolution designating survey area -- Request to adopt resolution.
(1) A board may begin the process of adopting an urban renewal project area plan by adopting a resolution that:
(a) designates an area located within the agency's boundaries as a survey area;
(b) contains a statement that the survey area requires study to determine whether:
(i) one or more urban renewal project areas within the survey area are feasible; and
(ii) a development impediment exists within the survey area; and
(c) contains a boundary description or map of the survey area.
(2)
(a) Any person or any group, association, corporation, or other entity may submit a written request to the board to adopt a resolution under Subsection (1).
(b) A request under Subsection (2)(a) may include plans showing the project area development proposed for an area within the agency's boundaries.
(c) The board may, in the board's sole discretion, grant or deny a request under Subsection (2)(a).
Amended by Chapter 376, 2019 General Session
Utah Code § 17C-2-102 Process for adopting urban renewal project area plan -- Prerequisites -- Restrictions.
17C-2-102. Process for adopting urban renewal project area plan -- Prerequisites -- Restrictions.
(1)
(a) In order to adopt an urban renewal project area plan, after adopting a resolution under Subsection 17C-2-101.5(1) the agency shall:
(i) unless a development impediment determination is based on a determination made under Subsection 17C-2-303(1)(b) relating to an inactive industrial site or inactive airport site:
(A) cause a development impediment study to be conducted within the survey area as provided in Section 17C-2-301;
(B) provide notice of a development impediment hearing as required under Chapter 1, Part 8, Hearing and Notice Requirements; and
(C) hold a development impediment hearing as described in Section 17C-2-302;
(ii) after the development impediment hearing has been held or, if no development impediment hearing is required under Subsection (1)(a)(i), after adopting a resolution under Subsection 17C-2-101.5(1), hold a board meeting at which the board shall:
(A) consider:
(I) the evidence and information relating to the existence or nonexistence of a development impediment; and
(II) whether adoption of one or more urban renewal project area plans should be pursued; and
(B) by resolution:
(I) make a determination regarding the existence of a development impediment in the proposed urban renewal project area;
(II) select one or more project areas comprising part or all of the survey area; and
(III) authorize the preparation of a proposed project area plan for each project area;
(iii) prepare a proposed project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;
(iv) make the proposed project area plan available to the public at the agency's offices during normal business hours;
(v) provide notice of the plan hearing in accordance with Sections 17C-1-806 and 17C-1-808;
(vi) hold a plan hearing on the proposed project area plan and, at the plan hearing:
(A) allow public comment on:
(I) the proposed project area plan; and
(II) whether the proposed project area plan should be revised, approved, or rejected; and
(B) receive all written and hear all oral objections to the proposed project area plan;
(vii) before holding the plan hearing, provide an opportunity for the State Board of Education and each taxing entity that levies a tax on property within the proposed project area to consult with the agency regarding the proposed project area plan;
(viii) if applicable, hold the election required under Subsection 17C-2-105(3);
(ix) after holding the plan hearing, at the same meeting or at a subsequent meeting consider:
(A) the oral and written objections to the proposed project area plan and evidence and testimony for and against adoption of the proposed project area plan; and
(B) whether to revise, approve, or reject the proposed project area plan;
(x) approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-2-106; and
(xi) submit the project area plan to the community legislative body for adoption.
(b)
(i) If an agency makes a determination under Subsection (1)(a)(ii)(B) that a development impediment exists in the proposed urban renewal project area, the agency may not adopt the project area plan until the taxing entity committee approves the development impediment determination.
(ii)
(A) A taxing entity committee may not disapprove an agency's development impediment determination unless the committee demonstrates that the conditions the agency found to exist in the urban renewal project area that support the agency's development impediment determination under Section 17C-2-303:
(I) do not exist; or
(II) do not constitute a development impediment.
(B)
(I) If the taxing entity committee questions or disputes the existence of some or all of the development impediment conditions that the agency determined to exist in the urban renewal project area or that those conditions constitute a development impediment, the taxing entity committee may hire a consultant, mutually agreed upon by the taxing entity committee and the agency, with the necessary expertise to assist the taxing entity committee to make a determination as to the existence of the questioned or disputed development impediment conditions.
(II) The agency shall pay the fees and expenses of each consultant hired under Subsection (1)(b)(ii)(B)(I).
(III) The determination of a consultant under this Subsection (1)(b)(ii)(B) shall be binding on the taxing entity committee and the agency.
(2) An agency may not propose a project area plan under Subsection (1) unless the community in which the proposed project area is located:
(a) has a planning commission; and
(b) has adopted a general plan under:
(i) if the community is a municipality, Title 10, Chapter 20, Part 4, General Plan; or
(ii) if the community is a county, Title 17, Chapter 79, Part 4, General Plan.
(3)
(a) Subject to Subsection (3)(b), a board may not approve a project area plan more than one year after adoption of a resolution making a development impediment determination under Subsection (1)(a)(ii)(B).
(b) If a project area plan is submitted to an election under Subsection 17C-2-105(3), the time between the plan hearing and the date of the election does not count for purposes of calculating the year period under Subsection (3)(a).
(4)
(a) Except as provided in Subsection (4)(b), a proposed project area plan may not be modified to add real property to the proposed project area unless the board holds a plan hearing to consider the addition and gives notice of the plan hearing as required under Sections 17C-1-806 and 17C-1-808.
(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a proposed project area plan being modified to add real property to the proposed project area if:
(i) the property is contiguous to the property already included in the proposed project area under the proposed project area plan;
(ii) the record owner of the property consents to adding the real property to the proposed project area; and
(iii) the property is located within the survey area.
Amended by Chapter 15, 2025 Special Session 1
Utah Code § 17C-2-103 Urban renewal project area plan requirements.
17C-2-103. Urban renewal project area plan requirements.
(1) An agency shall ensure that each urban renewal project area plan and proposed project area plan:
(a) describes the boundaries of the project area, subject to Section 17C-1-414, if applicable;
(b) contains a general statement of the land uses, layout of principal streets, population densities, and building intensities of the project area and how they will be affected by the project area development;
(c) states the standards that will guide the project area development;
(d) shows how the purposes of this title will be attained by the project area development;
(e) is consistent with the general plan of the community in which the project area is located and show that the project area development will conform to the community's general plan;
(f) describes how the project area development will reduce or eliminate a development impediment in the project area;
(g) describes any specific project or projects that are the object of the proposed project area development;
(h) identifies how a participant will be selected to undertake the project area development and identify each participant currently involved in the project area development;
(i) states the reasons for the selection of the project area;
(j) describes the physical, social, and economic conditions existing in the project area;
(k) describes any tax incentives offered private entities for facilities located in the project area;
(l) includes the analysis described in Subsection (2);
(m) if any of the existing buildings or uses in the project area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, states that the agency shall comply with Section 9-8a-404 as though the agency were a state agency; and
(n) includes other information that the agency determines to be necessary or advisable.
(2) An agency shall ensure that each analysis under Subsection (1)(l) considers:
(a) the benefit of any financial assistance or other public subsidy proposed to be provided by the agency, including:
(i) an evaluation of the reasonableness of the costs of the project area development;
(ii) efforts the agency or participant has made or will make to maximize private investment;
(iii) the rationale for use of tax increment, including an analysis of whether the proposed project area development might reasonably be expected to occur in the foreseeable future solely through private investment; and
(iv) an estimate of the total amount of tax increment that will be expended in undertaking project area development and the project area funds collection period; and
(b) the anticipated public benefit to be derived from the project area development, including:
(i) the beneficial influences upon the tax base of the community;
(ii) the associated business and economic activity likely to be stimulated; and
(iii) whether adoption of the project area plan is necessary and appropriate to reduce or eliminate a development impediment.
Amended by Chapter 160, 2023 General Session
Utah Code § 17C-2-104 Existing and historic buildings and uses in an urban renewal project area.
17C-2-104. Existing and historic buildings and uses in an urban renewal project area.
If any of the existing buildings or uses in an urban renewal project area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, the agency shall comply with Section 9-8a-404 as though the agency were a state agency.
Amended by Chapter 160, 2023 General Session
Utah Code § 17C-2-105 Objections to urban renewal project area plan -- Owners' alternative project area plan -- Election if 40% of property owners object.
17C-2-105. Objections to urban renewal project area plan -- Owners' alternative project area plan -- Election if 40% of property owners object.
(1) At any time before the plan hearing, any person may file with the agency a written statement of objections to the proposed urban renewal project area plan.
(2) If the record owners of property of a majority of the private real property included within the proposed urban renewal project area file a written petition before or at the plan hearing, proposing an alternative project area plan, the agency shall consider that proposed plan in conjunction with the project area plan proposed by the agency.
(3)
(a) If the record property owners of at least 40% of the private land area within the most recently proposed urban renewal project area object in writing to the proposed project area plan before or at the plan hearing, or object orally at the plan hearing, and do not withdraw their objections, an agency may not approve the project area plan until approved by voters within the boundaries of the agency in which the proposed project area is located at an election as provided in Subsection (3)(b).
(b)
(i) Except as provided in this section, each election required under Subsection (3)(a) shall comply with Title 20A, Election Code.
(ii) An election under Subsection (3)(a) may be held on the same day and with the same election officials as an election held by the community in which the proposed project area is located.
(iii) If a majority of those voting on the proposed project area plan vote in favor of it, the project area plan shall be considered approved and the agency shall confirm the approval by resolution.
(4) If the record property owners of 2/3 of the private land area within the proposed project area object in writing to the proposed project area plan before or at the plan hearing and do not withdraw their objections, the project area plan may not be adopted and the agency may not reconsider the project area plan for three years.
Amended by Chapter 350, 2016 General Session
Utah Code § 17C-2-106 Board resolution approving urban renewal project area plan -- Requirements.
17C-2-106. Board resolution approving urban renewal project area plan -- Requirements.
A board shall ensure that each resolution approving a proposed urban renewal project area plan as the project area plan under Subsection 17C-2-102(1)(a)(x) contains:
(1) a boundary description of the boundaries of the project area that is the subject of the project area plan;
(2) the agency's purposes and intent with respect to the project area;
(3) the project area plan incorporated by reference;
(4) a statement that the board previously made a development impediment determination within the project area and the date of the board's determination; and
(5) the board findings and determinations that:
(a) there is a need to effectuate a public purpose;
(b) there is a public benefit under the analysis described in Subsection 17C-2-103(2);
(c) it is economically sound and feasible to adopt and carry out the project area plan;
(d) the project area plan conforms to the community's general plan; and
(e) carrying out the project area plan will promote the public peace, health, safety, and welfare of the community in which the project area is located.
Amended by Chapter 376, 2019 General Session
Utah Code § 17C-2-107 Urban renewal project area plan to be adopted by community legislative body.
17C-2-107. Urban renewal project area plan to be adopted by community legislative body.
(1) An urban renewal project area plan approved by board resolution under Section 17C-2-106 may not take effect until:
(a) it has been adopted by ordinance of the legislative body of the community that created the agency; and
(b) notice under Section 17C-2-108 is provided.
(2) Each ordinance under Subsection (1) shall:
(a) be adopted by the community legislative body after the board's approval of a resolution under Section 17C-2-106; and
(b) designate the approved project area plan as the official urban renewal plan of the project area.
Renumbered and Amended by Chapter 359, 2006 General Session
Utah Code § 17C-2-108 Notice of urban renewal project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
17C-2-108. Notice of urban renewal project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1)
(a) Upon the community legislative body's adoption of an urban renewal project area plan, or an amendment to a project area plan under Section 17C-2-110, the community legislative body shall provide notice as provided in Subsection (1)(b) by publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public inspection and the hours for inspection.
(2) The project area plan shall become effective at the end of the 30-day period described in Subsection (1)(a).
(3)
(a) For a period of 30 days after the effective date of the project area plan under Subsection (2), any person may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the project area plan by the community legislative body, the agency may carry out the project area plan.
(5) Each agency shall make the project area plan available to the general public at the agency's office during normal business hours.
Amended by Chapter 435, 2023 General Session
Utah Code § 17C-2-109 Agency required to transmit and record documents after adoption of an urban renewal project area plan.
17C-2-109. Agency required to transmit and record documents after adoption of an urban renewal project area plan.
Within 30 days after the community legislative body adopts, under Section 17C-2-107, an urban renewal project area plan, the agency shall:
(1) record with the recorder of the county in which the project area is located a document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate map or plat indicating the boundaries of the project area to the Utah Geospatial Resource Center created under Section 63A-16-505; and
(3) for a project area plan that provides for the agency to receive tax increment, transmit a copy of the description of the land within the project area, a copy of the community legislative body ordinance adopting the project area plan, and a map or plat indicating the boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity's taxes through the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
Utah Code § 17C-2-110 Amending an urban renewal project area plan.
17C-2-110. Amending an urban renewal project area plan.
(1) Except as provided in Section 17C-1-1002, an agency may amend an urban renewal project area plan as provided in this section.
(2) If an agency proposes to amend an urban renewal project area plan to enlarge the project area:
(a) subject to Subsection (2)(e), the requirements under this part that apply to adopting a project area plan apply equally to the proposed amendment as if it were a proposed project area plan;
(b) for a pre-July 1, 1993, project area plan, the base year for the new area added to the project area shall be determined under Subsection 17C-1-102(9) using the effective date of the amended project area plan;
(c) for a post-June 30, 1993, project area plan:
(i) the base year for the new area added to the project area shall be determined under Subsection 17C-1-102(9) using the date of the taxing entity committee's consent referred to in Subsection (2)(c)(ii); and
(ii) the agency shall obtain the consent of the taxing entity committee before the agency may collect tax increment from the area added to the project area by the amendment;
(d) the agency shall make a determination regarding the existence of a development impediment in the area proposed to be added to the project area by following the procedure set forth in Chapter 2, Part 3, Development Impediment Determination in Urban Renewal Project Areas; and
(e) the agency need not make a development impediment determination in the project area as described in the original project area plan, if the agency made a development impediment determination regarding that project area in connection with adoption of the original project area plan.
(3) If a proposed amendment does not propose to enlarge an urban renewal project area, a board may adopt a resolution approving an amendment to a project area plan after:
(a) the agency gives notice, as provided in Section 17C-1-806, of the proposed amendment and of the public hearing required by Subsection (3)(b);
(b) the board holds a public hearing on the proposed amendment that meets the requirements of a plan hearing;
(c) the agency obtains the taxing entity committee's consent to the amendment, if the amendment proposes:
(i) to enlarge the area within the project area from which tax increment is collected;
(ii) to permit the agency to receive a greater percentage of tax increment or to extend the project area funds collection period, or both, than allowed under the adopted project area plan; or
(iii) for an amendment to a project area plan that was adopted before April 1, 1983, to expand the area from which tax increment is collected to exceed 100 acres of private property; and
(d) the agency obtains the consent of the legislative body or governing board of each taxing entity affected, if the amendment proposes to permit the agency to receive, from less than all taxing entities, a greater percentage of tax increment or to extend the project area funds collection period, or both, than allowed under the adopted project area plan.
(4)
(a) An agency may amend an urban renewal project area plan without complying with the notice and public hearing requirements of Subsections (3)(a) and (b) and without obtaining taxing entity committee approval under Subsection (3)(c) if the amendment:
(i) makes a minor adjustment in the boundary description of a project area boundary requested by a county assessor or county auditor to avoid inconsistent property boundary lines; or
(ii) subject to Subsection (4)(b), removes one or more parcels from a project area because the agency determines that each parcel removed is:
(A) tax exempt;
(B) without a development impediment; or
(C) no longer necessary or desirable to the project area.
(b) An agency may make an amendment removing one or more parcels from a project area under Subsection (4)(a)(ii) without the consent of the record property owner of each parcel being removed.
(5)
(a) An amendment approved by board resolution under this section may not take effect until adopted by ordinance of the legislative body of the community in which the project area that is the subject of the project area plan being amended is located.
(b) Upon a community legislative body passing an ordinance adopting an amendment to a project area plan, the agency whose project area plan was amended shall comply with the requirements of Sections 17C-2-108 and 17C-2-109 to the same extent as if the amendment were a project area plan.
(6)
(a) Within 30 days after the day on which an amendment to a project area plan becomes effective, a person may contest the amendment to the project area plan or the procedure used to adopt the amendment to the project area plan if the amendment or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (6)(a) expires, a person may not contest the amendment to the project area plan or procedure used to adopt the amendment to the project area plan for any cause.
Amended by Chapter 214, 2021 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17C/Chapter2/17C-2-P1.html?v=C17C-2-P1_1800010118000101Fetched: 10/26/2026