Utah Code § 17C-5-401 Title.
17C-5-401. Title.
This part is known as " Development Impediment Determination in a Community Reinvestment Project Area."
Amended by Chapter 376, 2019 General Session
Development Impediment Determination in a Community Reinvestment Project Area
Utah Code tit. 17C, ch. 17C-5, pt. 17C-5-P4
in effectUtah Code § 17C-5-402 Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.
17C-5-402. Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.
(1) An agency shall comply with the provisions of this section before the agency may use eminent domain to acquire property under Chapter 1, Part 9, Eminent Domain.
(2) An agency shall, after adopting a survey area resolution as described in Section 17C-5-103:
(a) cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403;
(b) provide notice and hold a development impediment hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements; and
(c) after the development impediment hearing, at the same or at a subsequent meeting:
(i) consider the evidence and information relating to the existence or nonexistence of a development impediment; and
(ii) by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.
Amended by Chapter 376, 2019 General Session
Utah Code § 17C-5-403 Development impediment study -- Requirements -- Deadline.
17C-5-403. Development impediment study -- Requirements -- Deadline.
(1) An agency shall ensure that a development impediment study:
(a) undertakes a parcel by parcel survey of the survey area;
(b) provides data so the board may determine:
(i) whether the conditions described in Section 17C-5-405:
(A) exist in part or all of the survey area; and
(B) meet the qualifications for a development impediment determination in all or part of the survey area; and
(ii) whether the survey area contains all or part of a superfund site;
(c) includes a written report that states:
(i) the conclusions reached;
(ii) any area within the survey area that meets the statutory criteria of a development impediment under Section 17C-5-405; and
(iii) any other information requested by the agency to determine whether a development impediment exists within the survey area; and
(d) is completed within one year after the day on which the survey area resolution is adopted.
(2)
(a) If a development impediment study is not completed within the time described in Subsection (1)(d), the agency may not approve a community reinvestment project area plan or an amendment to a community reinvestment project area plan under Subsection 17C-5-112(4) based on a development impediment study unless the agency first adopts a new resolution under Subsection 17C-5-103(1).
(b) A new resolution described in Subsection (2)(a) shall in all respects be considered to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any actions taken toward completing a development impediment study under the resolution that the new resolution replaces shall be considered to have been taken under the new resolution.
(3)
(a) For the purpose of making a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a development impediment study is valid for one year from the day on which the development impediment study is completed.
(b)
(i) Except as provided in Subsection (3)(b)(ii), an agency that makes a development impediment determination under a valid development impediment study and subsequently adopts a community reinvestment project area plan in accordance with Section 17C-5-104 may amend the community reinvestment project area plan without conducting a new development impediment study.
(ii) An agency shall conduct a supplemental development impediment study for the area proposed to be added to the community reinvestment project area if the agency proposes an amendment to a community reinvestment project area plan that:
(A) increases the community reinvestment project area's geographic boundary and the area proposed to be added was not included in the original development impediment study; and
(B) provides for the use of eminent domain within the area proposed to be added to the community reinvestment project area.
Amended by Chapter 376, 2019 General Session
Utah Code § 17C-5-404 Development impediment hearing -- Owners may review evidence of a development impediment.
17C-5-404. Development impediment hearing -- Owners may review evidence of a development impediment.
(1) In a hearing required under Subsection 17C-5-402(2)(b), an agency shall:
(a) permit all evidence of the existence or nonexistence of a development impediment within the survey area to be presented; and
(b) permit each record owner of property located within the survey area or the record property owner's representative the opportunity to:
(i) examine and cross-examine each witness that provides evidence of the existence or nonexistence of a development impediment; and
(ii) present evidence and testimony, including expert testimony, concerning the existence or nonexistence of a development impediment.
(2) An agency shall allow each record owner of property located within a survey area the opportunity, for at least 30 days before the day on which the hearing takes place, to review the evidence of a development impediment compiled by the agency or by the person or firm conducting the development impediment study for the agency, including any expert report.
Amended by Chapter 376, 2019 General Session
Utah Code § 17C-5-405 Conditions on a development impediment determination -- Conditions of a development impediment caused by a participant.
17C-5-405. Conditions on a development impediment determination -- Conditions of a development impediment caused by a participant.
(1) A board may not make a development impediment determination in a resolution under Subsection 17C-5-402(2)(c)(ii) unless the board finds that:
(a)
(i) the survey area consists predominantly of nongreenfield parcels;
(ii) the survey area is currently zoned for urban purposes and generally served by utilities;
(iii) at least 50% of the parcels within the survey area contain nonagricultural or nonaccessory buildings or improvements used or intended for residential, commercial, industrial, or other urban purposes;
(iv) the present condition or use of the survey area substantially impairs the sound growth of the community, delays the provision of housing accommodations, constitutes an economic liability, or is detrimental to the public health, safety, or welfare, as shown by the existence within the survey area of at least four of the following factors:
(A) although sometimes interspersed with well maintained buildings and infrastructure, substantial physical dilapidation, deterioration, or defective construction of buildings or infrastructure, or significant noncompliance with current building code, safety code, health code, or fire code requirements or local ordinances;
(B) unsanitary or unsafe conditions in the survey area that threaten the health, safety, or welfare of the community;
(C) environmental hazards, as defined in state or federal law, which require remediation as a condition for current or future use and development;
(D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for urban use and served by utilities;
(E) abandoned or outdated facilities that pose a threat to public health, safety, or welfare;
(F) criminal activity in the survey area, higher than that of comparable areas in the municipality or county that are without a development impediment; and
(G) defective or unusual conditions of title rendering the title nonmarketable; and
(v)
(A) at least 50% of the privately owned parcels within the survey area are affected by at least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv); and
(B) the affected parcels comprise at least 66% of the privately owned acreage within the survey area; or
(b) the survey area includes some or all of:
(i) a superfund site;
(ii) a site used for the disposal of solid waste or hazardous waste, as those terms are defined in Section 19-6-102;
(iii) an inactive industrial site; or
(iv) an inactive airport site.
(2) A single parcel comprising 10% or more of the acreage within the survey area may not be counted as satisfying the requirement described in Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of the parcel is occupied by buildings or improvements.
(3)
(a) Except as provided in Subsection (3)(b), for purposes of Subsection (1), if a participant or proposed participant involved in the project area development has caused a condition listed in Subsection (1)(a)(iv) within the survey area, that condition may not be used in the determination of a development impediment.
(b) Subsection (3)(a) does not apply to a condition that was caused by an owner or tenant who later becomes a participant.
Amended by Chapter 376, 2019 General Session
Utah Code § 17C-5-406 Challenging a finding of development impediment determination -- Time limit -- Standards governing court review.
17C-5-406. Challenging a finding of development impediment determination -- Time limit -- Standards governing court review.
(1) If a board makes a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a record owner of property located within the survey area may challenge the determination by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, no later than 30 days after the day on which the board makes the determination.
(2) In an action under this section:
(a) the agency shall transmit to the court the record of the agency's proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency's proceedings;
(b) the court shall review the development impediment determination under the standards of review provided in Subsection 10-20-1109(3); and
(c)
(i) if there is a record:
(A) the court's review is limited to the record provided by the agency; and
(B) the court may not accept or consider any evidence outside the record of the agency, unless the evidence was offered to the agency and the district court determines that the agency improperly excluded the evidence; or
(ii) if there is no record, the court may call witnesses and take evidence.
Amended by Chapter 15, 2025 Special Session 1
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17C/Chapter5/17C-5-P4.html?v=C17C-5-P4_2019051420190514Fetched: 10/26/2026